Abstract

TABARES-CORTES, Felipe. Delimitation of the Right to Life by Healthcare Professionals: Up to What Point Should the Right to Life be Protected?. Estud. Socio-Juríd [online]. 2011, vol.13, n.2, pp.275-300. ISSN 0124-0579.

This article explores the medical care standard required by law for terminally ill patients and the possibility of limiting therapeutic efforts while respecting the due diligence expected from doctors. To this end, circumstances are identified in which the doctor is forced to choose between two possible actions: to guarantee the right to life by continuing treatment, or to limit the right to healthcare by limiting therapeutic efforts. Two cases taken from English Common Law were reviewed that decided on the factual problem at hand. In our country, the Constitutional Court established a line of jurisprudence on the role of the doctor in deciding whether or not to continue treatment for a terminally ill person. Lastly, jurisprudence precedents are presented along with a comparative analysis of the solutions given in Great Britain and in Colombia.

Keywords : terminal patient; limitation of therapeutic efforts; comparative law; line of jurisprudence; precedent; Colombian Constitutional Court.

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