El derecho a la muerte con dignidad en Ecuador y Colombia: una visión constitucional desde el desarrollo normativo y jurisprudencial comparado

Abstract

Abstract: This study conducts a comparative analysis of the right to a dignified death in Ecuador and Colombia from a constitutional perspective. Ecuador demonstrates jurisprudential advances, such as Ruling 67-23-IN/24, which established a tripartite jurisdictional scheme for euthanasia; however, it still exhibits normative gaps and relies on regulatory provisions for its application. Colombia possesses a more robust framework, grounded in landmark rulings like C-239/97 and specific legal instruments, notably Law 1733 of 2014. Both nations face common challenges: inequality in access to this right, particularly in rural areas, and persistent cultural and religious barriers. The analysis assesses these systems' alignment with international human rights safeguarding parameters and proposes solutions, including enacting comprehensive legislation in Ecuador and articulating regional standards pursuant to Inter-American Human Rights System guidelines. It is concluded that human dignity, personal autonomy, and free development of personality are bedrock principles for this right, though its full realization requires overcoming structural and sociocultural impediments.