QUITO, Ecuador - In a groundbreaking decision, Ecuador's high court has decriminalized euthanasia and paved the way for lawmakers and health officials to establish rules and regulations for the procedure. The ruling was in response to a lawsuit filed by a terminally ill woman diagnosed with amyotrophic lateral sclerosis (ALS), who argued for the right to have death with dignity.
Ecuador now joins Colombia as the only countries in Latin America to have decriminalized euthanasia, a practice where doctors use drugs to purposefully end the lives of terminally ill patients. This approach is also legal in countries such as Belgium, Canada, Luxembourg, the Netherlands, New Zealand, Spain, as well as in several states in Australia. The issue is currently being debated in Chile.
In contrast, other jurisdictions, including several states in the United States, permit assisted suicide, where patients themselves ingest a lethal drug typically prescribed by a doctor.
The Constitutional Court justified its decision by stating that the issue at hand relates to the rights of individuals to live a life with dignity and to freely develop their personality. The court recognized that there can be exceptions to the inviolability of life when it is necessary to protect other fundamental rights.
The lawsuit in Ecuador was initiated in August 2023 by Paola Roldán, a 42-year-old woman suffering from ALS. Roldán passionately argued that those who endure serious or incurable diseases have the right to a death with dignity. She maintained that they should be able to freely and voluntarily end their lives to alleviate intense physical or emotional pain and suffering.
Expressing her gratitude, Roldán, who struggled to speak due to her condition, stated, 'Today has been a very special moment for me.' She thanked the court for its commitment to solidarity, autonomy, freedom, and dignity.
According to the court's ruling, lawmakers and officials have been given a maximum of 12 months to draft the necessary guidelines to implement the decision. However, recognizing the urgency of Roldán's case, the court granted her expedited permission to end her life. The procedure must be performed by a doctor, and she must provide unequivocal, free, and informed consent, either personally or through a representative if she is unable to express it herself.
The court also stipulated that Roldán must be experiencing intense suffering caused by a serious, irreversible bodily injury, or an incurable illness.
Farith Simon, one of Roldán's attorneys, emphasized that the court's decision opens up the possibility for any person to avail themselves of the ruling, provided they meet the necessary conditions.
This significant ruling in Ecuador marks a step forward in the global conversation surrounding end-of-life choices and the right to die with dignity. As countries and jurisdictions grapple with this sensitive issue, it is likely to provoke further debate and exploration of legal frameworks in other parts of the world.
