Euthanasia: a new dawn in Ecuador and the map of the right to die with dignity in global legislation

Abstract

The recent decision by the Constitutional Court of Ecuador to legalize euthanasia marks a historic milestone, positioning the country as the second in Latin America, after Colombia, to recognize this right. This advancement came in the wake of Paola Roldan’s case, diagnosed with amyotrophic lateral sclerosis (ALS), and stands out for deeming the criminalization of euthanasia unconstitutional, thus absolving doctors who practice it from criminal liability. The ruling demands that a specific law be drafted to regulate euthanasia procedures, giving the National Assembly a maximum of 12 months for its approval and two months for the Ministry of Health to develop a regulation.
A global look at euthanasia reveals a diversity of practices and legislations. Countries like Belgium, Colombia, the Netherlands, Spain, Canada, Australia, New Zealand, and Luxembourg share the need for formal requests and rigorous medical evaluations that confirm the patient's incurability and unbearable suffering. Additionally, detailed medical reports, informed consent, and, in some cases, the approval of multidisciplinary committees is required. This global understanding emphasizes the importance of a carefully structured legal framework in Ecuador to ensure that the right to die with dignity is accessible, respectful, and ethically grounded