Linea Jurisprudencia El Derecho Fundamental A Una Muerte Digna Del Ser Humano En Colombia

Abstract

The purpose of this article is the construction of a jurisprudential line in relation to the Fundamental Law of Decent Death, based on the analysis of the founding judgment that is C-239 of 1997 which declared Homicide for Mercy as long as it is generated as a result of a request raised by the patient suffering from a terminal illness. In the same sense, the different sub rules that jurisprudentially have been created due to the normative absence of the case will be found, in accordance with real cases analyzed by the highest constitutional body who in each specific case seeks the protection of the fundamental right to a dignified death. Along this jurisprudential route, the sub-rules and protection of this right will be found in cases of adults with terminal illnesses and the sub-rules of two cases studied by the Constitutional Court on the application of the Fundamental Law to a Decent Death in Children will also be analyzed, Girls and Teens. The construction of the line will follow the guidelines of the dynamic analysis of precedents.