The right to die with dignity and conscientious objection

Abstract

he project of life is linked to freedom, as a right of each person to choose their own destiny. (...) The project of life fully encompasses the ideal of the American Declaration (of the Rights and Duties of Man) of 1948, which proclaims the spiritual development as the supreme end and the highest expression of human existence.

Colombia's Constitutional Court, at guaranteeing the fundamental right to live and die with dignity, in the liberating expression of human rights, did not forget the mythical image of Charon ferrying the dead in his boat to Hades . In Colombia, the struggle against death, stubborn and limitless, contrary to the expression of the patients' will, cannot anymore be accepted as a duty or as a right of the doctors, who now must resign themselves to the conscious and independent decision of their patients, understanding the dimension of existence and of human dignity against the limits of medicine and science, to lead them, just with the necessary palliative care, in crossing the River Styx, to the "world of the dead ". Denying euthanasia, in terms of the decision of the Constitutional Court, constitutes a flagrant violation of the patients' "life project", who have, in the established circumstances, the right to legitimate anticipation of death.

Authors

• Jose Henrique Rodrigues Torres Professor of Criminal Law. Pontifícia Universidade Católica de Campinas. San Pablo. Brazil