Resumen

RESTREPO, JOHN FERNANDO  y  AICARDO VERGARA, SANTIAGO. Fundamental Right to Dignified Death in Colombia. A Jurisprudential Correction to A Legislative Omission. Rev. Derecho Estado [online]. 2024, n.59, pp.35-63.  Epub 09-Jun-2024. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n59.02.

The failure to explicitly enshrine the right to a dignified death in the Constitution and its lack of legislative development have not been an impediment for the Constitutional Court to recognize the existence of this right and determine its legal nature as a fundamental right. Initially this normative concession was recognized as a fundamental right due to its connection with the rights to human dignity, life and the free development of personality. The progressive development of jurisprudence has made it possible to understand that the right to a dignified death is a complex and autonomous fundamental right that can be translated into a subjective right. It is a complex right because it depends on very particular circumstances for its configuration and involves criminal elements that distort or reinforce its guarantee. It is an autonomous right insofar as its violation is not conditioned to the transgression of other constitutional rights and although it is related to the right to life, dignity, autonomy, health and other rights, it retains its independence as a fundamental constitutional guarantee.

Palabras clave : Dignified death; euthanasia; fundamental rights; judicial review; unconsti-tutionality due to legislative omission.

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