Regulación y tiempos de respuesta en la aplicación de la eutanasia en Ecuador: Un análisis jurídico y médico frente a la sentencia n° 67-23-in/24

Abstract

Following Sentence N.º 67-23-IN/24, the Constitutional Court of Ecuador decriminalized voluntary active euthanasia for the first time under exceptional circumstances, recognizing the right to a dignified death as part of fundamental rights. This research analyzes the legal frameworks and medical procedures surrounding euthanasia in Ecuador, comparing them with those of Spain, Colombia, and the United States. This study focuses on two areas: the legal analysis and the medical analysis. In the legal aspect, it examines the constitutionality of euthanasia, the legal challenges derived from the sentence, and the implications for the Comprehensive Organic Criminal Code, highlighting the need to ensure safe, ethical procedures with clear procedural guarantees. In the medical field, it evaluates clinical criteria, the urgency of establishing defined protocols and reasonable response times to avoid delays that prolong suffering. Furthermore, it identifies legal, ethical, and administrative barriers that could hinder its implementation. Employing a qualitative, hermeneutic, and descriptive approach, it is concluded that the legalization must be accompanied by effective implementation based on transparency, institutional agility, and respect for the human rights of both patients and doctors.