Legal provision for the right of life of minors: A necessary discussion about euthanasia and assisted suicide in Chile

Abstract

Both euthanasia and assisted suicide have not been sufficiently explored by Chilean experts, lack of reflection heightened when referring to minors. This article aims to make clear that the main provisions of fundamental rights related to euthanasia and assisted suicide in minors, that is the right to life and the rights of children and adolescents, admit diverse interpretations and, therefore, they may be used to argue in favor or against the legalization of such issues. After a brief definition of the concepts considered and a general view of compared legislation, the main rights involved are addressed, making clear that the supposed legal impediments to decriminalization of euthanasia and assisted suicide, are interpretations of rights involved, which they are not completely concordant with current tendencies about the theory of fundamental rights and, therefore, the only variation in interpretation will allow to open the possibility of a regulation that, at least, will not penalize all cases of euthanasia and assisted suicide of minors in Chile.