Víctor Escobar, the Colombian patient without terminal illness who requests euthanasia

This week, with a 6-3 vote, the Plenary Chamber of the Constitutional Court made a change regarding euthanasia in Colombia. The fundamental right to die with dignity in the country now includes patients who do not have a terminal illness, but who, due to their suffering, suffer from severe pain and ailments. Amid the controversy that has been generated among supporters and detractors of euthanasia, patients like Víctor Escobar see their decision to die when and how they want to come closer. After two strokes and reduced mobility, all Victor hopes for is to be able to decide on his death.

Victor’s fight to request euthanasia lasted two years, however, and due to a medical decision he was prevented from going through this procedure as he is not considered a terminally ill patient. In 2020, the Caleño told Noticias Caracol, and after a meeting between the medical professionals who treated him, he was refused euthanasia. “Last year they did the assessment at the Valle del Lili clinic here in Cali, the board determined that I was not a terminally ill patient, which is why they did not have it. not allowed, because I am only a degenerative patient“, He commented to this media.

According to Victor’s story, the left side of his body is partially paralyzed due to thrombosis, in addition he suffers from pulmonary hypertension and diabetes. His heart is severely affected by his lung problems and he has had four spine surgeries. His physical pain, he says, is almost on par with what he feels emotionally, because another of the situations that keeps him in limbo is seeing his family suffer for him.

The refusals he has received to submit to euthanasia are however clouded by the Court’s decision, and he hopes that with this new measure in Colombia, he will be able to access his right to die with dignity. “When we ask for euthanasia, it is because the suffering is too great for you and for the family (…) I believe that it is time that we rest, that we stop suffering so much, so that the family does not suffer too much too “, he revealed in a dialogue with Noticias Caracol in which he spoke. also thanked the High Court for giving the green light to what he wanted so much for several months.

What is read in the sentence of the Court in article 106 of the Penal Code which speaks of “homicide by clemency or euthanasia” is that “When it is performed by a doctor, it is carried out with the free and informed consent, prior or subsequent to the diagnosis of the taxpayer of the act, and on condition that the patient suffers from intense physical or mental suffering, bodily injuries or serious and incurable disease ”. Among the arguments that the Court has taken into account to extend this method to non-terminal people, is that of “not forcing to live” someone who suffers “intense suffering” because, even, this would amount to “cruelty” .

The controversial resolution 971 of 2021 issued by the Ministry of Health, which sets out the minimum requirements and procedures for requesting euthanasia in Colombia, established that there are three conditions under which euthanasia can be requested: having a terminal illness or dying; present suffering secondary to this; and be able to submit the request directly in the advance directive document.

Incurable diseases, the court explained, must be diagnosed by a doctor; and there must be “free” and “informed” consent from the patient when requesting euthanasia. The decision was approved by the entire high court chamber with votes in favor of Diana Fajardo, who was the rapporteur for the decision; Alejandro Linares, Gloria Ortiz; Antonio José Lizarazo; José Fernando Reyes and Alberto Rojas. On the other hand, Cristina Pardo, Jorge Ibáñez and Paola Meneses have decided “no”.

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