La eutanasia : un derecho fundamental en los enfermos terminales y su regulación en la legislación ecuatoriana.

Abstract

Since its inception as a republic, Ecuador has not included the right to die in its drafted constitutions. On the contrary, the emphasis has been on the right to live, as common sense would suggest. Throughout Ecuador's history, the right to die has not been considered as a valid defense against criminal responsibility. However, individuals have a subjective right to decide whether they want to end their lives or continue suffering, especially in cases of catastrophic illnesses. This article aims to address and clarify the reasons why Ecuador has not recognized this highly personal right. It will explore criteria for its application based on comparative law and current norms, to reach a conclusive solution that establishes the right to die with dignity exclusively for individuals suffering from catastrophic illnesses. This proposal would treat it as a legal defense, both for those who carry out the act and those who request it and suggest a reform to the current Organic Integral Penal Code in Ecuadorian legislation.