Medical, Legal and Jurisdictional Foundations on the Right to a Dignified Death: Case of Ana Milagros Estrada Ugarte

Abstract

The research aimed to develop the medical, legal, and jurisdictional foundations on the Right to a Dignified Death: Ana Milagros Estrada Ugarte case. The research is of a basic nature and under a qualitative and sociocultural approach; This approach considers the person because of the historical and social process with the right to his dignity and is concretized through analysis and criticism on the subject. In this investigation, special attention was paid to the opinions expressed by doctors, jurist and religious judges, giving special emphasis to the grounds put forward in the judicial process initiated by the Ombudsman's Office in favor of Ana Milagros Estrada Ugarte so that she is given the opportunity to access a dignified death, with the support of professionals, but without these being criminally sanctioned. The results showed that there is a diversity of criteria and foundations expressed by doctors, judges, lawyers, specialists, and citizens interested in the subject. There is no uniformity in the fundamentals on the right to a dignified death. However, the findings serve as a basis for the evaluation of possible new cases and for further debate on the right to die with dignity. Further academic deepening is recommended, to achieve a consolidation of criteria that could be generalized.