Euthanasia, Legal Support In Peru

Euthanasia, legal support in Peru

Introduction

This essay will try to explain the possibilities that a person has in Peru to access euthanasia or also known as ‘dignified death’. In Peru it has not yet been legalized since the right to life is respected, according to art. 2 subsection 1 of the Constitution: "Everyone has the right: to life, their identity, their moral, psychic and physical integrity and their free development and well -being". In this context, we will try to explain the legal basis that exist in our country for euthanasia.

Developing

Currently, our society is not very informed about in what cases euthanasia could be applied. That is why the question arises: are there legal basis that support it? Activists in favor consider that euthanasia avoid the suffering of serious patients, so they aspire to be the family or the patient who may ultimately decide their future. In that context, this essay seeks to provide the necessary information so that people can make decisions based on the current legal framework. A few years ago, Alexandro Saco recalled that there is already a law that refers indirectly to the possibility of deciding for a decent death.

Law 29414 speaks of the rights of health users and one of its topics details that the patient ‘has the right to respect his natural process to death and to refuse a treatment if he considers it own’. In a way, a patient already has the power to decide for his life or for his death.

(La República, 2015).

Euthanasia comes from the Greek term eu and Thanatos which means "good death", "sweet death" or "free of suffering". Based on this translation, it could be said that it is the action to cause death to an individual in order to avoid suffering on his own request. For Maciá (2008, P.2) "It is any act or omission whose responsibility lies in medical personnel or individuals close to the patient, and that causes the immediate death of the latter in order to avoid unbearable sufferings or the artificial prolongation of his life".

Euthanasia can be direct or indirect depending on intentionality. In that sense, Schlüter, H. (S.F) Explains that there are two types of classification:

• Passive euthanasia. A term misused by the media, since it refers only to natural death, where only the use of life support or medication supply instruments is suspended.
• Active euthanasia. Term that refers to death caused directly to end the patient’s suffering.

Also, euthanasia has various points of view: religious, social and legal:

• Religious position: The moral -based church rejects euthanasia, because in the Bible issues related to resurrection and life after death are touched. Therefore the ecclesiastical position seeks to respect the life of a patient regardless of the condition, based that God would not abandon his own.
• Social position: euthanasia is seen by society as a way to relieve the pain of a sick patient, even more so if you think about the quality of life that it loses. Society supports euthanasia, because the suffering of a terminal stage would be avoided. That said, the realization of euthanasia is only legal in five countries: the first was Holland, followed by Belgium and Luxembourg, as well as Canada and recently Colombia (2015). In others the ‘assisted suicide’ is allowed, as is the case of Switzerland and five states of the United States: Oregon, Washington, Montana, Vermont and California. Even in some countries surveys have been carried out to determine the level of acceptance of people towards euthanasia, whose results showed favorable figures to ‘assisted death’: in Spain 67%;in the United States 75%;in Britain 80%;In Australia 81%, and in Holland 92%. Similarly, in Peru a survey was conducted.

According to the survey prepared by Ipsos;He points out that 52% of Lima is in favor of euthanasia, while 40% disapproves. The difference is even greater when asked if they are in favor of euthanasia for terminal patients in a plant state: 63% are favor and 32% against. (El Comercio, 2015)

• Legal position: in our society euthanasia cannot be accepted because the Constitution does not allow it, however, in Peru, as Ugaz & Martínez (S.F., p.115), there are five references to the application of euthanasia both in the Political Constitution and in the Criminal Procedure Code.
• Article 1 of the Political Constitution of Peru: "The defense of the human person and respect for their dignity are the supreme purpose of society and the State".
• Article 2 subsection 1 of the Political Constitution of Peru: “To life, its identity, its moral, psychic and physical integrity and its free development and well -being. […]
• Article 7 of the Political Constitution of Peru: “All have the right to the protection of their health, that of the family environment and that of the community, as well as the duty to contribute to its promotion and defense. The person incapacitated to ensure himself because of a physical or mental deficiency has the right to respect his dignity and a legal regime of protection, care, rehabilitation and security ”.
• Article 112 of the Criminal Code: "The one who kills an incurable patient who expressly and consciously requests him to end his intolerable pain will be repressed with imprisonment not exceeding three years".
• Article 108 of Law 26842: “Death ends the person. The absence of life is considered to the definitive cessation of brain activity, regardless of whether some of their organs or tissues maintain biological activity and can be used for transplant, graft or cultivation purposes. The founded diagnosis of definitive cessation of brain activity verifies death. When it is not possible to establish such a diagnosis, irreversible cardio-respiratory arrest verification confirms death. […]

There are also explanations about what cases euthanasia could be requested in the country and those who are empowered to request it. However, sometimes the conflict is between respect for the patient’s autonomy and the different interests of family members;This in many cases hinders the determination about what is best for the patient. (Royes, 2016, P.18).

According to the report “Analysis of the causes of mortality in Peru, 1986-2015 (Ministry of Health, 2018), cancer-associated diseases are the ones that cause the most deaths in the country, followed by infectious and parasitic diseases. Another study collected by the Peru 21 (2017) newspaper shows that:

In Peru, 45,000 neoplasms of various types are presented every year. 70% of these cases are detected in very advanced stages, when treatment is more difficult and more expensive, which makes the recovery process difficult and therefore life expectancy is reduced.

As for mortality, only in Lima, in the same period, 25,888 deaths were presented. Stomach cancer was the most frequent cause of death (13.3%), although in the group of men prostate cancer was the first cause of death (16%) and in the group of women, breast cancer (12.1%).

On the other hand, Álvarez (2005, P.68) argues that “ethical elements, such as respect and responsibility come into discussion. The best way to advance is to listen and understand those who see it different, it is necessary to know the reasons why we are facing a position ”.

conclusion

1. For everything explained in the essay euthanasia has good history of the countries where it was legalized and I agree with the legalization of euthanasia in Peru, since this law would allow dignified death and without sufferings of many people and avoid traumasIn relatives who also suffer when they see the agony of their loved ones.
2. Terminal diseases such as cancer have remained constant;Even the number of deaths, which does not improve the life expectancy of these patients. Slow deaths lead to greater suffering from the patient, so it would be better to assist it by applying euthanasia. The authorities should analyze the issue taking into account a legal support framework to ensure the rights of people.
3. A rule that regulates euthanasia is required, whose elaboration takes into account awareness activities with citizens, in order to provide greater scope on the purpose of this medical assistance.

Bibliography

• Álvarez, a. (2004). Ethics of euthanasia. Ed.FCE – Economic Culture Fund.
• Trade. (2015). 52% in Lima approves euthanasia for evicted patients. Retrieved from: https: // Elcomercio.PE/POLITICA/CURRENT/52-LIMA-APRUEBA-EUTANASIA-PACIENTES-DESAHUIADOS-383684
• Maciá, r. (2008). Euthanasia: Legal concept. Recovered from: https: // www.euthanasia.WS/hemeroteca/Z14.PDF
• Ministry of Health. (2015). Analysis of the causes of mortality in Peru, 1986–2015.Recovered from: https: // www.DGE.Gob.PE/PORTAL/DOCS/ASIS/ASIS_MORTALITY.PDF
• The Republic. (2015). Euthanasia: bill in Congress seeks to decriminalize controversy medical practice. Retrieved from: https: // larepublica.PE/SOCIEDAD/864694-EUTANASIA-PROJECT-DE-LA
• Ugaz, A & Martinez, A. (S.F). Euthanasia in Peru and its legal regulation as an alternative to a dignified death – rev. SSIAS Vol 9/N ° 2, ISSN: 2313-3325.
• Peru21. (2017). Cancer kills about six thousand Peruvians a year. Recovered from: https: // peru21.PE/LIMA/CANCER-MATA-SEIS-MIL-PERUANOS-NO-63485
• Royes, a. (2016). Die in freedom. Bioethics and Rights Magazine. Edition of the University of Barcelona, DL. Barcelona, ​​Spain.
• Schlüter, h. (S.F). Bioethical aspects and human rights of euthanasia. Retrieved from: https: // biblio.Juridics.UNAM.mx/bj