Euthanasia: Ecuador decriminalizes assisted death with a landmark ruling on Paola Roldan’s case

In Latin America, euthanasia is legal in Colombia. In Peru, the Supreme Court authorized its application in 2022 for a woman suffering from a terminal illness, but it is still punishable by law and this case is considered an exception.

Paola Roldán’s fight is not only against this disease that keeps her practically immobile in bed and causes her intense pain, but also against a legal framework that, until now, treats people in your situation with harsh penalties. Allows for the possibility of a dignified death. ,

Roldan and his legal team focused their arguments on the plaintiff’s right to die with dignity, without having to suffer prolonged periods of time due to her illness.

After several months of deliberations, the Constitutional Court issued a favorable ruling, which was supported by 7 out of 9 magistrates Present

The decision of the highest Ecuadorian court has declared the “conditional unconstitutionality” of Article 144 of the Comprehensive Biological Penal Code (COIP), which punishes simple murder, including acts of euthanasia, with a prison sentence of 10 to 13 years.

According to the decision, the application of active euthanasia will be constitutional when a doctor agrees to the patient’s request in a free, informed and unambiguous manner due to a state of intense suffering resulting from a serious and irreversible physical injury or illness. And incurable.

In addition to personal victories for Roldan, in practice this means establishing A legal framework for the practice of euthanasia Under regulated conditions in Ecuador.

Furthermore, it makes the South American country the ninth country in the world to legally recognize the right to an assisted death under specific circumstances established by law.

It is expected that the Government of Ecuador, together with health organizations and medical associations, will develop a regulatory framework to determine the criteria and procedures necessary for the application of euthanasia, thereby guaranteeing the protection of patients’ rights and preventing possible abuse. Can be avoided.

With intense activity on social networks and interviews in the media, Paola Roldan became Symbol of the fight to decriminalize euthanasia In Ecuador and Latin America.

“Many times I thought that I would not be able to see the fruits of this demand, like someone planting a tree so that someone else can sit in its shade. But I have survived and now I want to see whether the blood of justice and humanity flows in the veins of this country, or we will remain regressive, “he said on the social network X (formerly Twitter) this Monday, two days . Before sentencing.

Roldan suffers from ALS, a neurodegenerative disease that gradually affects muscle mobility and for which there is no cure.

The disease affects motor neurons, which are responsible for controlling voluntary movements. causing progressive degeneration and muscle paralysis, while cognitive function generally remains intact.

“ELA is merciless, every day I watch my dizzying decline,” he said in January.

Euthanasia is a controversial issue of debate, with opinion divided between those who defend the right to decide on one’s own death in cases of incurable and degenerative diseases, and those who fear that decriminalization could lead to excesses. Or assisted suicide without justifiable reason could be legalized. Security measures.