Euthanasia in Colombia:
legal regulation but still
no law
Juan Mendoza-Vega M.D.
National Academy of Medicine, Colombia
Fundación Pro Derecho a Morir Dignamente
DMD - Colombia
Conflicts of interest
• I, Juan Mendoza-Vega, do not have
conflicts of interest to disclose.
• As president of DMD Colombia, I do not
receive any salary, honorarium or any
other remuneration for my work
• DMD Colombia applied for one of the
travel grants of the World Federation for
this international meeting
Colombia, South America
Colombia, South America
Colombia,
South America
Barranquilla
Cali
Cartagena
Bogotá D.C.
Bucaramanga
Medellín
Caño Cristales
Colombia
• Parliament
– Bi-cameral (Senate, Chamber of Deputies),
elected by popular vote, 4-year period
– Legislative powers
• Constitutional Court
– Highest legal authority on constitutional
matters
– Some of its sentences are erga omnes
Honor to our founder
• Mrs. Beatriz Kopp
de Gómez founded,
in 1979, the nonprofit Fundación
Pro Derecho a
Morir Dignamente,
DMD - Colombia
DMD - Colombia
• Affiliation of members by signing the
document “That is my will”, decisions for
the end-of-the-life period.
• Since 2004, possibility to sign an
addendum asking for voluntary end of life,
under Constitutional Court sentence terms
• Very active educational campaigning in
favor of euthanasia as a way to die with
dignity
First great step - 1997
• Constitutional Court sentence C-239: a
physician will not be prosecuted for giving
death to a terminal patient who is suffering
unbearavebly and consciously asks to put
an end to his life as the only means to end
the suffering; the physician’s act “is
justified”.
• The Colombia Parliament is asked to
legislate on this matter
1997 - 2014
• Four projects of law on euthanasia and
dying with dignity matters introduced to
the Senate and the Chamber of Deputies;
all of them rejected in the first or second
mandatory debates
• Some (few…) physicians practizing
euthanasia procedures “secretly”
A new sentence
• In sentence T-290, 2014, the
Constitutional Court mandates the
Ministry of Health to issue norms for
making operative Sentence C-239, 1997,
to concretize the citizens’ right to a
dignified death by euthanasia
Towards the resolution
• Panel of scientists (mainly physicians)
invited by Health Minister to work on
definitions, criteria and norms regarding
“right to die with dignity” under the
provisions of the Constitutional Court
• Main difficulties: definition of “terminal”,
assesing patient’s will, role of patient’s
family, conscientious objection of doctors
Resolution 1216, april 2015
• Patient’s request for euthanasia must be
received without delay by treating
physician and submitted to an ad-hoc
committee (second physician,
psychologist or psychiatrist, lawyer)
• Approval must not be unduly delayed
• After approval, procedure must be
performed within the following 15 days
Resolution 1216-2015 (II)
• In spite of strong criticism by Colombia
General Attorney, resolution 1216 is in
force
• Some euthanasia procedures performed
• A new law project is being studied at
Colombia Senate
• But, as May 1, 2016, no euthanasia
law yet in Colombia!!
Euthanasia in Colombia:
legal regulation but still
no law
Juan Mendoza-Vega M.D.
National Academy of Medicine, Colombia
Fundación Pro Derecho a Morir Dignamente
DMD - Colombia
Congress of the Union: legislative branch of
the Mexican government.
• Bi-cameral Assembly:

Chamber of Deputies
Senate of the Republic
• Legislative initiatives can be presented by legislators, deputies, the
president or governor of a state, or a group of citizens. They are
analyzed and discussed by special Commissions, then passed to the
Chamber, then to the Senate, for final approval.
•
In Mexico we have the option of a Living Will, only in 12 states, out of
32. Each has its own Living Will Law.
•
We have no legislation on euthanasia. Terminal sedation and withold
or withdrawal of life support treatment is permitted. Active
euthanasia is not permitted and bears a social stigma.