Publicación:

La reglamentación de la eutanasia a la luz de la jurisprudencia constitucional

Resumen

Euthanasia or dignified death is a purely cultural issue; The phenomenology behind the reasons that support its constitutionality makes it clear that the legal framework cannot deny that the creeds, traditions, experiences and meanings of life played an important role in the construction of jurisprudential rationality, the importance of which is vital to understand them yet. more. . when seeking to establish a regulation like the one in this work. Euthanasia or dignified death, from its historical and legal beginnings, has marked a line of controversy, whose constitutionality has been able to weigh and direct towards a rationality that benefits everyone. Since 1993, when the judgment on euthanasia and subsequent judicial processes was handed down for the first time in Colombia, a persistent route has been drawn of continuing to think about new forms of relationship, in which freedom prevails as a value. counselor and other manifestations of solidarity with those who seek to make euthanasia a legitimately recognized right not only from a legal point of view but also from a cultural point of view. The regulation of euthanasia, the subject of this work is an approach to understanding how jurisprudence can contribute to configure new relationships in society, in this case in the framework of euthanasia, also, what is the cultural dynamics in this process and then, how the A jurisprudential line is built that guarantees the rule of law and the safeguarding of fundamental rights. In this sense, it is hoped that this work can contribute to improving the understanding of what a normative process means within the framework of a fundamental right; Likewise, this study is conducive to knowing the jurisprudential construction of euthanasia, in order to continue its debate and knowledge. The purpose, finally, is that society is always attentive and proactive to develop new relationships and forms of coexistence in which rationality and the common good are the compass of legal decisions, and thus defend the rule of law, which is one of the milestones of democracy. , as a way of life in our society. This work is structured in three chapters. Chapter I works on the Conceptualization of euthanasia, its classification, the readings of this topic from the historical, the medical, the religious-legal, three points of reflection on different types of controversial issues, among them euthanasia. In Chapter II, Background to the jurisprudence of euthanasia, in which a recount of the most important points that gave rise to the legal narrative around euthanasia is made. A process of this type is not alien to many controversies, barriers, or social or cultural noises that do not allow work to advance. In Chapter III, the development of the jurisprudence of euthanasia in which it can be seen how this issue has become more complex towards its recognition as a fundamental right in its multiple variants such as the right to free development of the personality, the right to die in a dignified manner, the right to health, the right to health and the principle of integrality in the provision of the service, the right to die with dignity, the fundamental right to a dignified death for children and adolescents, and the right to die with dignity as a person in a vegetative state . It is concluded that, in view of the jurisprudential evolution, it is considered for this work that dignified death is a fundamental right, since it composes a whole with life, with health, with free development, with the dignity of the human being of to be who he is to himself.