Euthanasia as a Legal Alternative for a Dignified Death

Abstract

Euthanasia is a sensitive and controversial topic that holds great importance and interest, as it involves various nuances concerning freedom, life, and death. Dignified life is always associated with the idea of death without suffering. However, due to many adverse situations, a person may suffer from a terminal and painful illness, firmly believing that euthanasia or assisted death is the alternative to end their suffering. This is a topic that many have been paving the way towards decriminalization. The objective of this work was to conduct a legal analysis regarding the inclusion of euthanasia in Ecuadorian legislation as the right to a dignified death. The following methods were employed: historical to identify relevant aspects surrounding euthanasia as the right to a dignified death; logical analysis applied to the definition of fundamental concepts related to the topic to determine their peculiarities, rights, and guarantees of individuals, as well as the respect and protection by relevant authorities; and analytical-legal-comparative, applied to Ecuadorian and international legislation to determine elements related to the right to a dignified death. As a scientific research technique, document analysis was used to determine the arguments of studies conducted on the subject. As a proposed solution, the development of a draft reform to the Comprehensive Organic Penal Code and the Organic Health Law was suggested to incorporate the recognition of the right to a dignified death.