In Latin America, only Colombia decriminalized euthanasia.
The Supreme Court of Justice of Peru evaluated this Monday a ruling given in 2021 by a court that orders respect for a woman’s decision to end her life with medical assistance as a result of an incurable and progressive disease.
In the first sentence, the 10th Constitutional Court of the Superior Court (of Appeals) of Lima ordered the Ministry of Health and the Social Security of Health (Essalus) “to respect the decision” of Ana Estrada Ugarte, 45, “to put end to his life through the technical procedure of euthanasia”, in February 2021.
After the decision, the file of the sentence was raised in consultation to the Constitutional and Social Chamber of the Supreme Court of Justice, in order to approve the non-application of article 112 of the Penal Code (corresponding to pious homicide), and thus, comply with the ruling.
Two non-terminal patients received euthanasia in Colombia in the last two days
The hearing was held by videoconference and lasted three hours with the participation of Estrada from a bed in his room, lawyers and the Ombudsman, Walter Gutiérrez.
At the hearing, Estrada reiterated his demand for a dignified death before the Constitutional and Social Chamber of the main Peruvian court.
“I am not requesting that they let me die, I am requesting my right to choose when I want to die,” said Estrada connected to an artificial respirator.
The psychologist argued that the request is a right to make their own decisions and it is not just about how much care they can offer to alleviate their illness.
“For the right to a dignified death, I ask you to comply with the ruling of the eleventh Constitutional Court. Today it is more difficult for me to speak, I spend more time in bed and connected to a ventilator. During this time my health has been deteriorating, ”said the woman.
The ruling ordered that “article 112 of the Penal Code” that prohibits assisted death be “inapplicable”, after accepting an appeal filed in February 2020 by the Ombudsman’s Office (ombudsman) in favor of Estrada.
The Peruvian Episcopal Conference expressed in 2021 that “euthanasia will always be the wrong path, because it is an attack on the inalienable right to life.”
In Latin America, only Colombia decriminalized euthanasia in 1997. In Mexico there is the so-called “good dying” law, which authorizes the patient or his family to request that life not be prolonged by artificial means, while in Uruguay Congress discusses a project on euthanasia.
Estrada has suffered from incurable poliomystiosis since he was 12 years old, which causes progressive muscle weakness, for which he has used a wheelchair since he was 20, according to the Peruvian media.
The sentence indicates that “euthanasia” should be understood as the action of a doctor to directly supply (orally or intravenously) a drug intended to end his life.
The Judiciary scheduled a new hearing on January 31. (I)
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