WRITE: Antoni del Aguila
In a primary etymological sense, euthanatos comes from the Greek words eu (good) and thanatos (death). It appeared in the 5th century BC. C. in the work of Crátinos simply meaning peaceful death or death without suffering. This sense did not yet connote the idea of causing death, but only that of facilitating the passage from life to death, totally or partially suppressing the pain that accompanies it. Guys:
- Passive Euthanasia: Passive euthanasia is “the result of death of the terminal patient, when it is caused by the omission of a necessary therapeutic treatment”
- Active Euthanasia. We can understand active euthanasia as “the death of the patient in a terminal state, requested by him and caused by the positive action of a third party, for example, through the lethal injection of a dose of morphine”.
- Indirect active euthanasia. It is characterized by the use of means on the patient that are not specifically aimed at causing death, but rather at alleviating pain or suffering (for example, analgesic means), although in the awareness that this can accelerate death.
The figure of euthanasia configures a great debate between constitutionalists and law experts, since, although it is true, this figure is not regulated in our court, a particular case came to light, which is the case of Mrs. Ana Estrada, who in order to end her unbearable pain and be able to have a dignified death, makes use of her right of action by going to the court to request protection of her rights. The application of euthanasia in Peru in previous years has generated controversy and debate.
So far euthanasia is criminalized in Peru, since the crime of merciful homicide contemplates up to three years in prison for “he who, out of mercy, kills an incurably ill person who expressly and consciously asks him to put an end to his intolerable pain.” The decriminalization of euthanasia in Peru would imply that not only the right to life is regulated in our constitution, but also the right to a dignified death, without ignoring what is established by International Treaties on human rights.
At the doctrinal level, euthanasia is seen as merciful homicide, for which it is necessary for the patient to express his desire to die, because he is suffering innumerable pains, without leaving behind the important motive of mercy, which the active person must have to carry out the event.
A regulation of euthanasia consistent with respect for individual freedom and the protection of the right to life of patients should consider at least the following points:
- Medical diagnosis that the patient is in the terminal phase of his illness
- Adequate information to the patient regarding their situation and prognosis
- Express request of the patient for euthanasia, preferably written and with the intervention of witnesses
- Favorable opinion of a second doctor on the above points
- Favorable opinion of a psychiatrist on the patient’s capacity
- Right to revoke the request at any time
- Execution of euthanasia by a doctor under conditions that ensure the least suffering of the patient
- Minimum age of the patient, preferably older than 16 years
– Article 1 of the Political Constitution of Peru: The defense of the human person and respect for their dignity are the supreme goal of society and the State.
– Article 2 paragraph 1 of the Political Constitution of Peru: To life, to their identity, to their moral, mental and physical integrity and to their free development and well-being.
– Article 7 of the Political Constitution of Peru: Everyone has the right to the protection of their health, that of the family environment and that of the community, as well as the duty to contribute to its promotion and defense. The person incapable of taking care of himself due to a physical or mental deficiency has the right to respect for his dignity and to a legal system of protection, attention, rehabilitation and security.
– Article 112 of the Penal Code: Whoever, out of mercy, kills an incurable patient who expressly and consciously requests it to put an end to their intolerable pain, will be punished with a custodial sentence of no more than three years.
There is a legislative initiative Bill 06976/2020-CR, with a presentation date of 01/21/2021, by the Parliamentary Group: Purple Party, this contemplates the possibility that euthanasia be requested by all patients with a end-stage or incurable disease what causes it great suffering Physical and psychological.
Likewise, the most transcendental case regarding the subject in our country is the case of Ana Estrada, who following a long process, the Supreme Court of the Judiciary in July 2022 ratified the right to a dignified death through Euthanasia.
At the time of the application, the applicant must be aware of their irreversible situation and have received information on all existing treatment alternatives and available resources.
Write: Abg. Antoni Linderdt Del Aguila Paredes Cell No. 993802814
Email: abogadoantonidelaguila@gmail.com
Address: Ca. Bolognesi N° 1084 (corner with Ca. 09 de Diciembre) -Iquitos
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