Examinando por Autor "Aaron Monsalvo, José-Nelson"

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  • Publicación
    Restringido
    Tratamiento jurisprudencial de la corte constitucional sobre los requisitos para ejercer el derecho a la muerte digna (eutanasia) en Colombia
    (Valledupar : Universidad de Santander, 2019, 2019-05-28) Aaron Monsalvo, José-Nelson; Suarez Duncan, Angie-Ximena; Camelo Cárdenas, Olmer-Enrique
    The debate on the right to dignified death in our country has become popular and controversial since the constitutional court decriminalized euthanasia, consequently to a claim of unconstitutionality to the type homicide for mercy; such controversy is based on the fact that it directly affects life, human dignity, personal autonomy and health; all fundamental rights. For this reason it is important to know the concept of dignified death (euthanasia), his epistemological variations and other alternatives to this practice, to avoid confusion and understand it from a more universal perspective; which necessarily implies the historical study and the comparative analysis with some (European) countries in which there are already legislations on the subject, thus allowing the interpretations that are made about the Colombian reality to be developed by broader concepts. Related to the jurisprudential evolution in the hands of the constitutional court, In addition to the unconstitutionality lawsuits, the claims for tutelage are taken into consideration; since it is thanks to the resolution of the corporation that this right can be exercised fully in Colombia, because the requirements and some procedures that allow its application were established jurisprudentially; causing the recognition of dignified death as a fundamental human right. All the above developed under a qualitative and descriptive approach; because the observation and analysis of the data collected allowed us to specify the characteristics and requirements that the court established to exercise the right, which thanks to legal hermeneutics resulted in a study that understands dignified death as part of a legal system.