Constitutional framework for an eventual physician-assisted death regulation in chile

Abstract

This article presents a constitutional framework for physician-assisted death regarding patients that freely and responsibly decide to end their existence. The said framework is built on the premise that the State is, in the end, exclusively functional State to the person and considers the general purpose and scope of fundamental rights. From this perspective, the author analyzes the pertinence and scope of human dignity —as a constitutional principle—, the right to life and physical and mental integrity, as well as individual autonomy and then presents general guidelines regarding the scope of legislative action regarding the refusal of medical treatment, and physician-assisted suicide/death. Lastly, the author examines the current state of the legislative proposal on assisted death in the Chilean Congress.