Peru’S Justice Failed For The First Time, Which Was Conducive To Decent Death

2021-02-26   |   by CusiGO

Peru’s law does not provide for the right to decent death, but the Constitutional Court of first instance approved the euthanasia of psychologist Anna Estrada according to the interpretation of the basic rights. The 43 year old woman had been suffering from a degenerative disease for 30 years, and the judge ruled that euthanasia was not subject to the “devout killing” provisions of the criminal code. “We have achieved our goal,” he said of Estrada’s ruling, which stressed that his struggle was “free.”.

This is a historic resolution of Peru, because it is the first such resolution. “It’s not about me wanting to die or defending my death. On the contrary, I’ll go all the way to the last chapter of my life and develop myself and make my own decisions as usual. I hope it’s like this, it’s coming true, “he added. Judge Jorge Ramirez Nino DeGuzman supported his decision that the rights of “dignity, autonomy, free development of personality and protection from cruel and inhuman treatment” were affected. Estrada has been suffering from an irreversible autoimmune disease since the age of 12, which causes muscle atrophy and swelling, known as polymyositis. According to his blog, he has been in a wheelchair since the age of 20.

Although she became a psychologist after graduation and lived independently, her condition deteriorated in 2015 and she spent six months in intensive care unit. When she comes home, she needs bed rest, 24-hour medical care and an oxygen balloon. Estrada then began to study assisted death and wrote a blog about his situation, about his emotions. “My current situation is hemiplegia, that is to say, on the best days, I can stay in a wheelchair for four hours, and the rest of me are lying in bed, connected with a ventilator, or breathing naturally through the trachea. When I feel good, I can also swallow and take food orally, “he described in a letter from the podium. Change. Last February.

Eleventh, the ruling of the constitutional court approved the request of the Ombudsman’s office that the “devout murder” rule should not be applied to the euthanasia. Judge Jorge Ramirez Nino DeGuzman said: “they can not be prosecuted, provided that they can not be prosecuted under appropriate conditions, in the form of institutions, within the specified time and opportunity, under the circumstances of reviewing their legality.”.

The judge asked the Ministry of health and social security to respect Ms. Anna Estrada ugat’s decision to end her life through the technical procedure of euthanasia and through actions provided directly (orally or intravenously) by doctors, A drug designed to terminate his life, or other medical intervention for this purpose “, and three interdisciplinary professional committees were established for this purpose.

In essalud, one working group must also develop a plan on the assistance and technical aspects of the decisions made, and a protocol to achieve its decent right to death, and another working group must implement euthanasia. At the same time, a committee of the Ministry will be responsible for approving the social security plan. In addition, the court ruled that euthanasia must be completed within 10 working days after the activist expressed his wish to end her life.

The judge’s ruling, which is further supported in areas such as pain and human life as a free act, applies only to the Estrada case, but congressman Gino Costa introduced a bill last month aimed at regulating euthanasia appeals. Percy Castillo, deputy to the Ombudsman’s office for Constitutional Affairs, said the agency would continue to sponsor the psychologist if any judicial action appealed against judge Ramirez’s decision.