Capacidad de decisión en la eutanasia en adolescentes: un enfoque desde los derechos humanos en Ecuador

Abstract

It is important to analyze the legal implications of euthanasia for the Ecuadorian legal framework, based on research of the legal systems of Belgium and the Netherlands, which already have a regulation on the application of euthanasia in adolescents without requiring the intervention of their parents or legal guardians, the purpose is to assess the decisionmaking capacity of adolescents aged 16 to 17 years. This article was developed from a documentary review from a qualitative approach with the application of an exploratory-descriptive research where it was determined that the regulations of Ecuador, despite fully recognizing human rights in its constitution, limits the ability of adolescents to make decisions without the intervention of a third party. It has been found that the law of the Netherlands and Belgium assumes the regulation of euthanasia for minors. It is important to give way to the possibility of strengthening Ecuadorian jurisprudence, particularly with regard to the approval of euthanasia in adolescents, since it would raise new approaches in the protection of fundamental rights, taking into account that they have been evolving, as well as current ethical thoughts that question the recognition that adolescents can be fully aware of their pain and possess the necessary maturity to make fundamental decisions about their life and death.