This publication has four objectives which are pursued in three chapters. First, it synthesizes and describes the emergence of the right to die with dignity in Colombia, analyzing how it was born, how it has evolved, and how it has been consolidated in recent decades, proposing a genealogy of the process that allows us to understand and communicate it. Second, it reflects on the law as an instrument of social change: it uses the path of the emergence and evolution of the right to die with dignity as a successful case—despite its difficulties and limitations. These two objectives are developed in the first chapter. Third, the publication examines Colombia's current state of the right to die with dignity. It explains its legal nature and core obligations and discusses the mechanisms available to exercise it and the criteria that must be met to access them. The second chapter develops this objective. Finally, in the conclusion of the text, it identifies the challenges that we will face in the future, not only in Colombia but also in Latin America, when it comes to the right to die with dignity, that is, the recognition, expansion, and deepening of the possibility of making free and autonomous decisions about the end of life.
As a result of the methodological route traced and followed, this document systematizes nine technical guidelines that will guarantee the right to a dignified death, to legal capacity and make operational the principle of the best interpretation of persons’ will and preferences. These guidelines address the following matters: (1) the significance of making the best interpretation of the person’s will and preferences; (2) the need to assess the impossibility of giving consent of those for whom MAiD is requested; (3) the composition of the support network; (4) addressing and ruling out conflicts of interest; (5) verifying that the health system has offered palliative care and the adequacy of the therapeutic effort ; (6) the role that both the medical records and previous conversations with care practitioners can play in the process; (7) the assessment of suffering in terms of the person’s life experience; (8) constructing the life narrative and the best interpretation of the will and preferences through interviews with the support network and; (9) the necessary consensus in the interpretation of the will and preferences.
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