After a long legal battle, the Supreme Court of Peru recognized the right to euthanasia of psychologist Ana Estrada, 44, who says she feels free to avoid the prolonged suffering caused by an incurable disease that has affected her for three decades.
Estrada has been living with polio since he was 12 years old. The disease affects the musculature with degenerative deterioration. The psychologist had been seeking judicial authorization to end her life for five years. With the Peruvian Supreme Court’s ratification of a previous decision in favor of Estrada’s request, she will finally be able to carry out the procedure whenever she wants.
“This victory helps me deal with the imminent and inevitable worsening of the disease; it brings me peace of mind and calm,” Estrada told Reuters news agency. She has been in a wheelchair since her 20s and has spent most of her life lying in bed, hooked up to a mechanical ventilator and with the almost daily assistance of a nurse.
It is the first time that the highest instance of Peruvian Justice has allowed the procedure. Under the law of the country, assisting in the euthanasia of someone is a criminal offense punishable by imprisonment. Peru is a deeply Catholic country where abortion and LGBT marriage continue to be illegal, so the decision is considered a milestone. The case could set a precedent in the country, although the president, leftist conservative Pedro Castillo, says he will not allow the practice to be legalized.
In Latin America, only Colombia authorizes euthanasia, under certain conditions. In other countries in the region, the practice is illegal, but there are signs of change. In Mexico, there is a project under analysis in Congress. In Chile, where 72% of the population approves the appeal, the procedure depends on a vote in the Senate — in Argentina there is also a proposal in progress.
According to the Peruvian Court’s decision, Estrada’s euthanasia must be performed by the public health system within 10 days from the moment she expresses the desire to end her life. The court exempted the professional who administers the necessary medicines from any punishment.
“Why a dignified death [eutanásia]? Because I want to avoid suffering, pain and, above all, because it’s about life and freedom”, said Estrada, lying on her bed, receiving care from the medical team.
The procedure in Peru was approved by four votes to two on Thursday (14). The execution protocol is still pending. The sentence says that “euthanasia must be understood as the action of a doctor to directly provide [oral ou intravenosa] a drug destined to end life”.
In Brazil, the practice is considered a crime of homicide (article 121), with a reduced sentence. Paragraph 1 states that the agent who commits the crime impelled by reason of relevant social or moral value —which can be interpreted as aiming to stop the suffering of a certain patient, whose health condition is irreversible— may have the sentence reduced by one sixth. to one third.
In London, another case decided by the court ruled on Friday (15) that the treatment of a 12-year-old young man who is in a coma after suffering a brain injury be interrupted, according to the British broadcaster BBC. Archie Battersbee was found unconscious at his home in Southend-on-Sea in April.
Doctors at the Royal London Hospital, where the young man is hospitalized, told the court it was “highly likely” that Archie was “brain dead” and asked permission to turn off the devices. Hollie Dance, the boy’s mother, said the family plans to appeal the decision.
