Q&A About Euthanasia Decriminalization in Ecuador
Euthanasia has become a confrontative issue in Ecuador. In 2020, legislation to legalize euthanasia failed to pass, but advocates are now pursuing legalization through the courts. In August 2022, a woman with ALS and her lawyers filed a claim against Ecuador's penal code, arguing it makes euthanasia illegal and violates the right to "die with dignity."
The Constitutional Court admitted the case and held a hearing in November. It is now considering whether to decriminalize euthanasia and declare it a constitutional right.
Proponents view this as allowing personal choice, while opponents raise concerns about protecting vulnerable people and promoting palliative care instead. The court's ruling could set an influential precedent for the region. Meanwhile, activists on both sides are trying to shape public opinion through media campaigns. The debate highlights divisions within Ecuador as the country grapples with questions of individual rights, healthcare, and values at the end of life.
In order to provide the development of this legal and social issue, I want to present my readers the following Q&:
What is happening in Ecuador with euthanasia? Since when has euthanasia been attempted?
Euthanasia had been attempted to be legalized in Ecuador through the National Assembly in 2020, however President Lenin Moreno prevented the law from being published.
That is why in August of this year, a woman with ALS and her lawyers, two well-known progressive activists, filed a claim of unconstitutionality against the Ecuadorian Penal Code, arguing that the crime of homicide is written in a way that makes the practice of euthanasia illegal. In the lawsuit, they requested that the Constitutional Court modify the crime of homicide to allow euthanasia without legal consequences for doctors and family members, and the declaration of constitutional right to "die with dignity."
In November the case was admitted for processing in record time and there was also a hearing, where Paola Roldan, the ALS patient, and her lawyers, presented their arguments before the eyes of all the media and public opinion.
Several people and organizations also participated individually, including the intervention of Dr. Pilar Calva, a medical expert in bioethics with decades of experience in the care of terminally ill patients, and the organization Dignidad y Derecho, presenting ethical, medical, and legal reasons for rejecting the request.
Currently, the Constitutional Court must decide whether or not to accept the requests of the lawsuit and the euthanasia conditions. There is no time limit in the law for them to make this decision.
2. How close is Ecuador to legalizing euthanasia?
Unfortunately, it is very likely that the Constitutional Court will decriminalize euthanasia and even declare a right to it.
The current composition of the Court has a progressive majority that has approved the legalization of abortion in cases of rape and equal marriage in the past.
In addition, the case has a fairly high social and media legitimacy, since the patient's family resources and influence. In this sense, it is most likely that the Constitutional Court will accept the lawsuit and order the Assembly to regulate the practice of euthanasia.
3. What can be done to combat legalization? What is HLI doing?
Regarding the legalization of euthanasia, there are two ways to follow: judicial and social.
Regarding the judicial route, any person or organization interested in presenting arguments can file an amicus curiae before the Constitutional Court. This amicus is a document that should contain figures with technical support, especially from medicine, law and the experience of other countries. Me and the organization Dignidad y derecho, which I represent, is willing to provide the necessary legal assistance for the presentation of this document. However, in view of an imminent court decision, any submission of documents should be made as soon as possible.
On the social front, the media's misconceptions about euthanasia must be countered. For this purpose, there is a group of people with the prepared to show pro-life arguments in the media, social networks, academic events, and all kinds of dissemination in this regard.
This aspect is important because it must be shown to the public especially to doctors, the truth behind euthanasia. In addition, the right to palliative care for all suffering and terminally ill patients should be informed before promoting euthanasia as a right.
4. When is the decision made?
The ruling for these cases can be notified upon three to four years. Due to social and media pressure, this case has advanced three times faster than other similar cases, so we expect it to be notified sooner rather than later.
5. What would legalizing euthanasia mean for other South American nations? Would they have pressure or obligations to legalize, too?
The legalization of euthanasia in Ecuador would be a serious precedent for the entire region. The lawsuit filed before the Constitutional Court requests that the criteria of the Colombian and Peruvian constitutional courts, both countries that have already legalized euthanasia, be taken into account.
Although foreign courts are not a source of law for other countries in the region, they do generate political, social and comparative law influence. In this sense, the legalization of euthanasia in Ecuador and its conditions may affect other countries in the region where the debate has already begun or where it has not yet arrived.
Unlike the legalization of euthanasia in European countries where the public health systems and the needs of the population are different, in Ecuador our system and needs are similar to many Latin American countries. Therefore the legalization of euthanasia in Ecuador could be seen by other countries as an example to solve the health problems of their citizens.
6. Are developed nations pushing for legalization? If so, how?
In Ecuador, there is no precedent or evidence of direct foreign interference in the legalization of euthanasia. Neither have we had reports or resolutions from international entities promoting it. What we do have is strong social and media pressure from the patient and her lawyers, as well as from many internal organizations known for promoting progressive causes such as abortion and equal marriage.
7. What's the current state of affairs, and is this a highly divisive issue or do Ecuadorians generally agree?
In Ecuador the euthanasia debate is just beginning. Currently, the traditional media have been able to sell the story of the claim in such a way that her request is seen as the only viable option. However, several organizations such as Dignidad y derecho and even universities such as Universidad Espiritu Santo and Universidad Hemisferios are generating events and spaces to inform citizens about euthanasia in addition to informing about other medical alternatives to the patient's death.
In Ecuador this debate is expected to continue throughout the next year, which will provide enough time to inform the public about scientific evidence of the harms of legalizing euthanasia and present alternatives for terminally ill patients.
-
The blogs published on this news site are created by contributors to the International Youth Coalition. The opinions, views, and statements expressed in these blogs belong solely to the respective authors and do not necessarily reflect the opinions or positions of the affiliated organization.
