Inconsistencias en la regulación de la eutanasia activa avoluntaria.

Abstract

Euthanasia is a recent legal and healthcare institution in Ecuador whose regulatory framework remains limited and rudimentary. This thesis examines and analyzes Regulation No. 00059-2024 issued by the Ministry of Public Health, enacted pursuant to Ruling No. 67-23-IN/24 of the Constitutional Court of Ecuador. The regulation contains unresolved ambiguities that result in violations of the right to health— particularly in its guarantee of access to healthcare services—as well as the rights to a dignified life and to effective administrative and judicial protection. The principal regulatory flaw lies in the antinomy between the Court’s ruling and the aforementioned regulation, particularly regarding conflicts related to legal representation within the procedure for voluntary active euthanasia. Furthermore, the study analyzes how the failure of the National Assembly of Ecuador to enact an organic law constitutes a violation of the right to legal certainty, as it has not complied with the deadline established by the Constitutional Court to implement Decision 6 of the referenced judgment. Finally, it is proposed that an organic law be enacted to: (i) precisely define the conditions of admissibility and the clinical and capacity requirements; (ii) establish an administrative procedure with clearly defined stages, peremptory deadlines, and appeal mechanisms; (iii) expressly regulate legal representation in cases of loss of capacity, harmonizing its scope with Ruling No. 67- 23-IN/24; (iv) create a mandatory interdisciplinary technical committee for each case; and (v) incorporate a system of oversight and supervision under the authority of the Ombudsman’s Office and the National Health Authority, thereby ensuring legal certainty, constitutional oversight, and the effective protection of rights.