Perspectivas y desafíos de la ley que regula la eutanasia activa en el Ecuador: Análisis de la Sentencia No. 67-23-IN

Abstract

This research aims to critically analyze the perspectives and challenges involved in the regulation of active euthanasia in Ecuador, following the issuance of Constitutional Court Ruling No. 67-23-IN/24. This landmark decision recognizes, for the first time, access to a dignified death as an expression of the rights to autonomy, dignity, and free personal development, representing a significant shift in the country’s legal and bioethical framework. The motivation behind this study lies in the need to establish a legal framework that balances the protection of fundamental rights with the prevailing social values of the country. The research was conducted at an exploratory, descriptive, explanatory, and correlational level, using a qualitative approach based on semi-structured interviews with experts in constitutional law, medicine, bioethics, and a religious representative. This methodology allowed for the comparison of viewpoints from multiple disciplines. The analysis revealed the urgent need for an organic law that clearly defines key concepts and procedures, while ensuring legal safeguards for both professionals and patients involved. Additionally, several challenges were identified, including the lack of infrastructure for palliative care, the shortage of trained personnel, limited bioethical education, and the absence of citizen and professional participation in the drafting of regulations. In conclusion, the regulation of active euthanasia must be accompanied by political will, economic sustainability, and an inclusive public debate to build a comprehensive and rights-based legal framework. This thesis seeks to contribute to the legal and ethical dialogue on dignified death in Ecuador, proposing mechanisms that uphold both individual rights and principles of justice and equity.