November 29, 2022

Judiciary of Peru gives the green light at the request of euthanasia of Ana Estrada

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(CNN Spanish) — The Judicial Power of Peru announced this Wednesday that the necessary votes were reached to give the green light to the request for euthanasia of Ana Estrada, who suffers from an incurable and degenerative disease and who, for that reason, had requested that she be allowed to carry out what he called “a dignified death”, as reported by the entity on Twitter.

“The supreme ruling judge Carlos Calderón Puertas joins the majority position of the magistrates regarding the protocol of medical action, in the appeal for consultation of the amparo process followed by Ana Estrada, and definitively resolves the case,” says the publication. On twitter.

On July 14, the Supreme Court had partially approved Estrada’s fundamental right to have a dignified death, but there was no consensus regarding the definition of the medical protocol to carry out euthanasia, as explained then by the Ombudsman’s Office in a statement. The Ombudsman is the entity that filed the amparo in favor of Estrada.

This Wednesday, the Judicial Power indicated in another tweet that “the resolution will be notified in the coming days, because the final draft of the sentence and the signature of the intervening judges are still in process.”

Once the ruling is notified, the Social Security of Health of Peru (EsSalud) must work on the creation of a euthanasia protocol that must later be validated by the Ministry of Health and will be used by Estrada when she decides, explained this Wednesday in a telephone interview with CNN Walter Gutiérrez, former ombudsman and lawyer for Estrada.

“This is a historic sentence,” said Gutiérrez, and indicated that “it is based on the dignity of the person and the freedom of the person.”

“What Ana has achieved is to recover her freedom, in the epilogue of her life, to be able to recover her freedom and say how long she wants to continue living. And that is a right that is not only Ana’s,” added the lawyer.

Although the amparo only applies to Estrada’s particular situation, Gutiérrez indicated that this case has managed to open a path for other people who go through similar situations in Peru, where euthanasia is not allowed. In addition, he did not rule out that legislative initiatives may eventually be given that seek to incorporate the practice legally in the country.

About Estrada, Gutiérrez indicated that she “is very happy. It has been a long battle, she is a very brave person and – paradoxical though it may seem – she loves life, wants to continue living within the limitations of her circumstances and considers that it has been done Justice”.

Estrada – who is a psychologist by profession – suffers from polymyositis, a chronic and degenerative disease that affects the muscles and keeps her in a bed at home, with medical care 24 hours a day and connected to a respirator at night. She has been there since she left the intensive care unit of a hospital in 2015, where she had been admitted due to the disease she suffers from and which was diagnosed as a child.

In February 2021, the Peruvian Judiciary ordered the Ministry of Health and EsSalud to “respect Estrada’s decision” to end his life through the technical procedure of euthanasia. Those organizations decided not to appeal the sentence.





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