Citation

López-Muñiz JLM. Revista Espanola de Derecho Constitucional 2021; 2021(122): 47-83.

Copyright

(Copyright © 2021)

DOI

10.18042/cepc/redc.122.02

PMID

unavailable

Abstract

European Court of Human Rights, interpreting the rights to personal autonomy and life, has only found a basis in the first without injuring the second in the voluntary and free option for therapeutic abstention or against artificial life support, under certain conditions. In a ruling of February 26, 2020, the German Constitutional Court has misrepresented this European jurisprudential doctrine, which in Spain has a quasi-constitutional value and is convergent with case-law so far emanated from its Constitutional Court. A such similar doctrine derives from the Supreme Court of United States of America. Three main considerations back this doctrine: the freedom that is proper to the dignity of every human person does not include eliminating it, no one can kill another except for proportionate legitimate defense, and there is a social and State duty to protect any life. © 2021, Centro Estudios Politicos Constitucionales. All rights reserved.

Language: es

Keywords

Euthanasia; Dignity; Assisted-suicide; Right to life; Right to personal autonomy