Thursday, January 19, 2012

Our own right to die:

The first idea that comes to my mind when I hear the word euthanasia is people who have tried everything to impose their ideas to all the rest, and that those actions have been done in defense of conservative ideas, even in secular states, that have lost its former clerical link, as our country for example, that in the Political Constitution of 1925 declared that the state of Chile is a secular state. The importance of that quality is that our country can take all its political decisions only with political considerations and that include obviously the limit imposed by law (as all rule of law´s country), and through the law the nation protects human rights. The law is a statement of nation´s will and as such it represents a plural opinion, which should respect all the different ideas. The limit of our rights are the other people rights, so while you don´t damage other people, you should do anything with your own life, the problem is that some people can´t understand that and as they have economic and political power they just impose their values.
In the law´s letter you can´t damage another people without commit crime, even when this damage has been spoiled by the other person.  So, our Penal Code sanctions all the conducts directed to produce harm to other people, including assisted suicide and euthanasia. Euthanasia doesn´t have any legal description in our system, but trials have tried all the cases as murdered or assisted suicide. The problem is that rights have a bilateral structure, ergo; you have a right while other people have a relative duty (this idea was developed for Robert Alexy), so we could understand conducts as assisted suicide or euthanasia like unilateral structures because people who intervene in these situations are just tools, which provide the necessary to people that doesn´t want to live suffering.
I think that in Chilean legal system it could be a good solution, while we don´t have a legal reform, that understand that in private decisions can´t decide other people.
A famous case that shows us how powerful and horrible can be an illness and at the same time how necessary is can decide about our own life is The Sea Inside, a film of Alejandro Amenábar that tell us the story of Ramon Sampedro, and Spaniard who suffered and fought a 30 year campaign in favor of euthanasia and his own right to die.

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