Colombia Continues to Advance the Right of the End-of-Life Choice

(Dr. Asunción Alvarez, professor and bioethics researcher of the Psychiatry and Mental Health Department, Faculty of Medicine at the Universidad Nacional Autonoma de Mexico, is a member of Final Exit Network and is president of the World Federation of Right to Die Societies.)

In 1997, Colombia became one of the first countries in the world to decriminalize euthanasia (by which a doctor causes the death of a patient in response to her request to end her suffering), one of the modalities of medical aid in dying (MAiD). This was accomplished through a ruling of the Supreme Court of the country based on the liberal constitution of 1991 which defended the right to self-determination and dignity. This great achievement has not been free of opposition. For example, the national congress failed to pass a law to officially legalize this option. Given this situation, in 2015 the Supreme Court of Colombia forced the Ministry of Health to establish a regulation providing guidelines to support the right of patients to receive help in dying and give doctors clarity on how they should offer this help.

Thanks to the important support of organizations such as DescLAB (Laboratorio de Derechos Económicos, Sociales y Culturales) and DMD Colombia (Fundación Pro Derecho a Morir Dignamente), both members of the World Federation of Right to Die Societies, progress has continued in the defense of the right to decide the end-of-life. In July 2021, it was extended to individuals with non-terminal illnesses and on May 12th, 2022, the Constitutional Court took a third step, recognizing a right to “suicidio médicamente asistido” (physician assisted suicide, as it is called in Colombia when a patient ends his life after receiving from his doctor the means to do so). This is an important advance because there are people who would like to have this option. However, it may have limited impact. The experience of Canada and the Netherlands suggests that when both alternatives (clinician-administered and patient-administered) are available, fewer than 1 in 1,000 individuals choose self-administered MAiD.

According to Psychiatrics Times, Victor Escobar, aged 60, became the first Colombian with a nonterminal illness to die by legally-regulated euthanasia on Friday, January 7, 2022. Escobar’s lawyer Luis Giraldo confirmed his death.

“We reached the goal for patients like me, who aren’t terminal but degenerative, to win this battle, a battle that opens the doors for the other patients who come after me and who right now want a dignified death,” said Escobar in a video message.

Escobar had been ill since 2008, when he suffered two strokes. Later, he developed end-stage chronic obstructive pulmonary disease and several other conditions, including hypertension, diabetes, severe arthrosis, and costochondral junction syndrome. He fought for two years for his right to euthanasia in the face of opposition from doctors, clinics, and courts, where he was turned down because his illnesses were not yet terminal. When he knew he would receive help in dying, he told the Associated Press, “I feel an immense tranquility. I don’t feel fear of what is to come.” The procedure took place in a clinic in the city of Cali.

For now, Colombia is the only country in Latin America that allows medical aid in dying. In many other countries in the region, we feel that we have a lot to learn from this country with which we share many cultural characteristics, among them the influence of the Catholic Church (and increasingly of other churches) that want to impose their beliefs on public policies. Colombia has shown that it is possible to overcome this obstacle. In Mexico, surveys show that an important majority of the population (70%) is in favor of being able to count on a medical help to die if suffering irremediably from a disease that has no cure. In several countries such as Argentina, Uruguay, Chile, and Mexico, there have been or currently are initiatives to legislate medical aid in dying. Hopefully soon the right to decide how and when to die will expand in the region.

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Final Exit Network (FEN) is a network of dedicated professionals and caring, trained volunteers
who support mentally competent adults as they navigate their end-of-life journey.
Established in 2004, FEN seeks to educate qualified individuals in practical,
peaceful ways to end their lives, offer a compassionate bedside presence and defend
a person’s right to choose. For more information, go to www.finalexitnetwork.org.

Payments and donations are tax deductible to the full extent allowed by law.
Final Exit Network is a 501(c)3 nonprofit organization.