El derecho fundamental a una muerte digna requiere del conocimiento jurídico, ético y médico. Decisión de fin de vida

Abstract

IntroductionAlthough the fundamental right to a dignified death is a reality in Colombia, it requires knowledge of the legal system, the ethical principles, and the medical criteria at the end of life. ObjectiveTo gain knowledge of the current Colombian legislation on the fundamental right to a dignified death and the ethical and medical principles of end of life. MethodA chronological and systematic review was carried out on the Colombian jurisprudence on the fundamental right to a dignified death, as well as on the ethical and medical aspects related to the end of life. The research methodology used has been analytical, descriptive, and did not require statistics. ResultsThe Colombian Jurisprudence has judgements, decrees, laws, and resolutions on the fundamental right to a dignified death: Resolution 13437/91 by which the decalogue of patient rights is adopted. Judgement T-493/93 recognizes the fundamental right to the free development of personality. Judgement C-239/97 recognizes the validity of informed consent in terminal patients experiencing intense suffering. Judgement T-970/14 recognizes that the one requesting assisted death must express his or her consent expressly, repeatedly and freely. Resolution 1216/15 in which the committees for the right to a dignified death in adults are established. Judgement T-544/17 recognizes the procedure for the exercise of the right to dignified death in children and adolescents (NNA). Judgement T-721/17 recognizes the «substitute consent», in cases where the person is unable to express their consent, the family may substitute their consent. Resolution 825/18 regulates the euthanasia procedure of minors (NNA). Law 1733/14 of palliative care, for patients with terminal and chronic disease. Resolution 1051/16 refers to advance directives. Resolution 2665/18 extends the previous resolution and establishes the advance directives document (DVA). Judgement T-423/17 recognises and expands the concept of dignified death by referring not only to euthanasia, but also to constitutional rights (early decisions, substitute consent). Ethics play an important role in the institutionalisation, compliance and respect of the fundamental and constitutional rights of people. Medicine, in its scientific and human knowledge, helps to understand the biological process at the end of life. ConclusionIn Colombia, the Constitutional Court, using judgements, has recognised the fundamental right to a dignified death. The Ministry of Health and Protection has ruled using resolutions. The Congress of the Republic should rule in favour of the norm that regulates the procedure.