Los cuidados paliativos como un derecho humano en personas con enfermedades catastróficas en Ecuador

Abstract

In Ecuador, palliative care faces a significant gap between what the law stipulates and everyday reality. Although the Constitution and the Organic Law on Palliative Care recognize this service as a fundamental human right, people suffering from catastrophic illnesses—in both public and private hospitals—face multiple limitations in accessing dignified care. The lack of clear protocols, trained personnel, and adequate infrastructure, coupled with economic barriers, violates not only the right to health but also other related rights, such as the right to a dignified life. This article analyzes the legal framework and the enforceability of palliative care as a human right, highlighting the failure to observe constitutional principles such as dignity, equity, and social justice.