A woman with multiple sclerosis manages to legalize euthanasia in Ecuador: "The only thing I deserve is a death with dignity"
Paola Roldán, a 42-year-old woman who suffers from amyotrophic lateral sclerosis (ALS), made history in Ecuador by successfully legalizing euthanasia. The Constitutional Court issued a ruling on Wednesday in favor of Roldán’s claim, recognizing her right to a dignified death.
In its ruling, Ecuador’s highest court did not declare article 144 of the penal code, which penalizes homicide, unconstitutional. Instead, it approved its “conditional constitutionality.”
Under this formulation, the Court determined that the article will be constitutional as long as a doctor agrees to the request for euthanasia from a patient who is suffering intensely from a serious and irreversible bodily injury or an incurable illness.
The court also declared the “additive constitutionality” of article 6 of the Code of Medical Ethics, empowering doctors to perform euthanasia without facing charges of homicide.
In order for Roldán to access euthanasia, the Constitutional Court ordered the preparation of a law to regulate the procedure, which will be carried out by the Ombudsman’s Office, the National Assembly, and the Ministry of Public Health.
The Ombudsman’s Office will have six months to prepare the bill, the Ministry will have two months to make the regulations, and the Assembly will have one year to debate and issue the regulatory body.
During the hearing of her case, Roldán expressed her desire for a death with dignity. She has lived a full life and believes it is her right to have a dignified death.
Roldán presented her lawsuit before the Constitutional Court almost six months ago. Despite opposition from anti-abortion and euthanasia groups, her case was successful in the court.
With 95% disability due to ALS, Roldán has limited mobility and relies on artificial respiration for support. However, her mind remains sharp and she is determined to fight for the right to euthanasia.
Diagnosed with ALS three years ago, Roldán’s condition has progressively worsened, leaving her with no mobility in any part of her body. Despite her challenges, she has made preparations for her son’s future moments and milestones.