La necesidad de regulación del testamento vital en la Legislación Ecuatoriana

Abstract

This research studied the relationship between the living will and the fundamental rights enshrined in the Constitution and international human rights instruments within the Ecuadorian legal context. The methodology applied was based on a qualitative approach through a theoretical foundation. At the same time, it was a descriptive-explanatory investigation considering the problems caused by the lack of regulation of the living will. The dogmatic, historical-logical, and analytical-synthetic methods were used, and the comparative method was also employed. Finally, the techniques used were the bibliographic review and the file — which are of utmost importance for the correct development of the study. In conclusion, the implementation of the figure of the living will or advance directives document is essential to guarantee rights such as the autonomy of the will, dignified life, and free development of the personality, among others that are recognized in the Constitution of the Republic and international human rights instruments and treaties. Furthermore, it is suggested that a specific law be enacted to regulate the institution of the living will in Ecuador to respond to the problems that have arisen in the health field and to guarantee the constitutional rights of individuals.