El derecho a la vida digna de personas que sufren enfermedades crónicas degenerativas por intermedio de la bioética, mediante el testamento anticipado o testamento vital dentro del marco jurídico ecuatoriano

Abstract

What you want to investigate is to know the feasibility when talking about an advance directive or living will within the social and legal reality within the Ecuadorian legal system, since the issue in question for the society of our country is highly questioned, especially because of the confusion that exists in thinking that the living will or advance directive is the same as euthanasia. As a first point to determine, we are talking about two different legal figures that although their purpose is similar to seeking a dignified death, their effects and procedure are completely different, since each one processes in certain cases and to request it is also different. Where we can also observe the lack of regulations when talking about the living will, within the constitution of the Republic it recognizes what a dignified life is, but it does not specifically cover what it refers to, its scope and until This right covers a certain point, if there is a limit and if there is no such limit, because a living will or advance directive could not be implemented within Ecuadorian legislation. For many doctrinaires at the international level, it speaks of death as part of a dignified life, we could consider it as a fundamental right of the same category where the right to life is found, in the present research work we speak of a group of vulnerable as are the people who suffer from CHRONIC DEGENERATIVE DISEASES, with the purpose that they can exercise their right to a dignified life and the principle of autonomy of the will, at the moment that they are allowed to choose how they wish to end their last years, months and days of life . Being a topic that covers not only legal matters such as the right to life and the will of the people, it also covers a related topic with wide coverage, not only legal but also we enter the area of health, where thanks to the different research and technological advances, we can determine when a person is diagnosed with a chronic degenerative disease, to analyze what faculties these people lose and to what extent they can act of their own free will and exercise their different rights, where the doctor's diagnosis is also essential, determining that the person suffers from this disease since if it would give way to access to a living will or advance consent in order to choose about their last days of life. This research topic is very important since we would be developing in a better way and its scope the right to a dignified life, recognized in the Constitution of the Republic since 2008 in its article 66 numeral 2 "The right to a dignified life, which ensure health, (...)”, with the purpose of being able to grant people suffering from chronic degenerative diseases an alternative when they decide how they wish to be treated in terms of treatment and their respective care, in order to be able to avoid a suffering and that they live in inhuman conditions, since this legal figure seeks the opposite, that they live in a decent environment and above all that their right to choose how they wish to spend their last stages of their lives is respected, in the most humanely legal way