estudio jurídico de la sentencia a favor de la eutanasia en el caso 67-23-in/24 y la laguna jurídica al aplicarlo.

Abstract

This research paper delves into Constitutional Court of Ecuador’s ruling No. 67-23-IN/24, which decriminalized active euthanasia in the country. It also identifies the legal void in its application, as the only existing regulation, issued by the Ministry of Public Health (MSP), lacks the same legal hierarchy as a law, leaving physicians without legal certainty to perform the procedure. The study originates from the unconstitutionality action filed by Pamela Romo, who challenged Article 144 of the Organic Integral Penal Code (COIP), arguing that it violated fundamental rights, particularly the right to a dignified death. This paper examines the relationship between euthanasia and human rights, comparing the Ecuadorian case with Colombian jurisprudence, where euthanasia has been legal since 1997. It also analyzes implementation challenges, physicians’ conscientious objection, and the need for a robust legal framework to ensure both patient access and medical protection.