:quality(85)//cloudfront-us-east-1.images.arcpublishing.com/infobae/U27KHBVVRBEIVIOYOJYPTJ4B3M.jpg "Ana Estrada case: doctors do not want to practice euthanasia for fear of being prosecuted")
the activist Ana Estrade – victim of an incurable disease called polymyositis – You will be able to access a dignified death after decision of the Judiciary.
Ana Estrada case: Judiciary ordered Minsa and EsSalud to comply with euthanasia sentence
To date, the degenerative disease has greatly reduced his health, he cannot speak and communicates only in writing.
However, although the entity urged the Ministry of Health (Sometimes) and Social Health Security (isHealth) to practice the euthanasiaIn this particular case, some doctors are afraid to apply this measure because of the possible legal consequences.
In this regard, the lawyer Josefina Miro Quesadalegal defender of Estrada ruled out any type of sanction or possible administrative action against the doctors. He explained that the court decision, twelve years after the opening of this case, “is unprecedented and applies only to his case”.
Judge refused to execute Ana Estrada’s euthanasia sentence: the slow path to a dignified death
Judge Silvia Nuñez Riva abstained “out of decorum” and disobeyed the Supreme Court’s decision. The Ombudsman pointed out that a judge is not empowered to rule on the merits of the dispute which has already been resolved
“Effects that would normally apply to other people, as long as they continue to be criminalized, do not apply to you. A space of protection is generated with regard to the people who are going to practice euthanasia”, he commented in a dialogue with RPP Noticias.
To this, he added that the medical protocol that must be carried out “must be a faithful reflection of what GOOD you want, because it will be the instrument by which your rights will be made effective.
The tireless struggle of Ana Estrada, the woman who defended her right to a dignified death
The psychologist, diagnosed with an incurable and degenerative disease, has come a long way to have the right to decide when to end her life by euthanasia. “We have gone quite far, more than expected. I have already won,” he said.
The lawyer also explained that the degenerative disease from which her client suffers “worsens over the years” and, therefore, “it implies a greater muscular weakness”.
For these reasons, he said, the activist is suffering from new complications in her state of health.
“That’s the reason why can’t speak anymore, she communicates through social networks, she can write with one finger. It is very difficult for him to verbalize, ”he communicated.
He Judicial authority reported that the Seventh Constitutional Court of Lima ordered the respective medical institutions – Sometimes there isHealth – Comply with the decision rendered in favor of Ana Estrada.
According to the entity, through its official Twitter account, this will allow “to put an end to his life by euthanasia”. This process, he specifies, will be carried out “by the action of a doctor”.
“This resolution is rendered in execution of the judgment of the Permanent Chamber of Constitutional and Social Law of the Supreme Court which, on July 22, 2022, partially ratified the judgment which recognizes Estrada’s fundamental right to a dignified death. .”, they pointed out. last monday thirteen.
The announcement is made after the Judge Nunez Riva refused to carry out the sentence weeks ago because the right to life is “inalienable”.
“In this particular case, I have reasons that do not allow me to assume the execution of the sentence, for this reason, invoking article 313 of the code of civil procedure, a rule of application complementary to this type of trial, I I abstain out of propriety“said the magistrate.
Due to this situation, according to the activist’s lawyer, the health of Estrada was compromised.
“In recent years (…) in the context of a pandemic (…) they have, of course, weighed on his health. It has been a process with ups and downs, there have been joys, but it should also be remembered that just a few weeks ago a judge’s decision to refuse to enforce the judgment affected her a lot, but fortunately that could be amended,” he said.