Sobre la constitucionalidad de la Ley Orgánica 3/2021, de regulación de la eutanasia(Algunas inexactitudes y tergiversaciones en el debate)

Resumen

After the recent approval of the Spanish Act on the Regulation of Euthanasia (LORE), different authors argue the previous doctrine of the Spanish Constitutional Court and of the European Court of Human Rights as a basis for its unconstitutionality. This paper intends to show that these reasonings tend to be ill-focused, which in the case of one of the two unconstitutionality appeals filed against the LORE turns into a direct manipulation of this constitutional doctrine that also includes the recent ruling of the Portuguese Constitutional Court on the Portuguese euthanasia legislation. On the other hand, the paper also focuses on the opposed view (the defence of the LORE’s constitutionality) and insists on the necessity of a moderate and accurate use of the doctrine of those constitutional jurisdictions (Colombia, Canada, Germany, Austria) that in recent times and with different reaches have affirmed a fundamental right to obtain (certain) help to die, a fundamental right that the Spanish Constitutional Court doesn’t need to assess in order to declare the LORE compatible with the Spanish 1978 Constitution or the European Convention of Human Rights.