Las excepciones del derecho a la vida en Ecuador

Abstract

Abstract: This paper analyzes exceptions to the right to life from the perspective of neoconstitutionalism, with special emphasis on the jurisprudence issued by the Constitutional Court of Ecuador in the progressive interpretation of fundamental rights. Based on a theoretical framework that includes human dignity, the free development of personality, and the principles of proportionality and weighting, it addresses how certain rights can justify exceptions to the right to life, particularly in cases of abortion due to rape and euthanasia. The study uses a qualitative approach, based on the hermeneutic analysis of constitutional jurisprudence, especially Ruling 67-23-IN/24, which establishes the conditional constitutionality of Article 144 of the COIP with regard to euthanasia. It concludes that the right to life must be interpreted in harmony with other fundamental rights, allowing for its limitation in exceptional situations, provided that dignity and personal autonomy are respected. This analysis allows us to understand how Ecuadorian law is moving toward a more comprehensive and humane view of fundamental rights.