Applicability of the measures ordered by the Ecuadorian Constitutional Court to access euthanasia as a guarantee of the right to a dignified life and the free development of personality

Abstract

Since the dawn of humanity, one of the most controversial topics of debate has been to define whether or not human beings have the right to a "dignified death", which would allow them to put an end to serious and incurable illnesses. There have been many defenders of this right to a "dignified death", known as "euthanasia", but there have been many more detractors, since the common good has not prevailed, but rather taboos and prejudices far removed from objectivity and humanity; however, throughout history, the struggle for this balance between a "dignified life" and a death that takes pity on this concept of dignity has been bearing fruit. Several countries in the world have included access to euthanasia in their catalog of rights; and Ecuador has not been left behind.  Since February 5, 2024, with the issuance of Sentence No. 67-23-IN/24, Ecuador has ratified its constitutional position of progressiveness of rights; However, it is essential to carry out an in-depth analysis of this decision to identify if it is subsumed by the reality and needs of those who suffer from serious and incurable diseases or pain; or if, on the contrary, through the entities responsible for issuing the legal regulations that protect it, an attempt is made to minimize its application and scope. From a general review of comparative law and statistics, this work seeks to provide the reader with a human and technical vision of the shortcomings noted to date and the recommendations that should be observed objectively for the issuance of the law, comprehensively covering this phenomenon and protecting, as it should be, all persons who could have access to "dignified death", without any discrimination.