Latin Analysis: Will Chile Legalize Euthanasia?
Manuel Augusto Moreno
Assisted dying, or euthanasia, has been a topic that previously dominated Chilean political discourse over the last decade. A bill legislating for euthanasia and assisted suicide for over-18s was passed by the Chamber of Deputies in 2021, which was submitted even further back by the center-left opposition made up of the Broad Front and Communist party in 2014.
This legislation outlined that “a person seeking euthanasia would have to be diagnosed by two doctors as having a serious and incurable disease, be conscious when making the request or have previously established the request, and suffer from unbearable physical ailments,” with one of its articles stating that a third party cannot request euthanasia. Despite critics saying that the bill’s sponsors were suffering from ‘James Bond syndrome: license to kill’, the legislation- which sought to regulate euthanasia and assisted suicide- was passed by the Chamber of Deputies. However, due to stalling within the Senate since then, little progress has been made into making this legislation into law.
Despite this stalemate, the issue of euthanasia and assisted dying was brought back into public consciousness, thanks to a Chilean woman called Susana Moreira, who suffers with degenerative muscular dystrophy. Susana’s prognosis is bleak; due to the progressive nature of her condition, she has lost the ability to walk, bathe or take care of herself, and “[o]ver the last two decades, the 41-year-old Chilean has spent her days bedridden.” One day, she will no longer be able to speak, and then her lungs will stop working. When that time comes, Susana wants to be able to end her life, on her own terms. Therefore, seeing the lack of progress within the Senate to push forward to assisted dying bill, Susana wrote to President Gabriel Boric, pleading him to act and afford a semblance of autonomy over the end of their lives to those living with degenerative and life-shortening illnesses.
Thus, during his third annual budget as president, Gabriel Boric made a statement that shocked many throughout Chile. He vowed to commit significant energy into efforts to progress euthanasia and palliative care provision within law, as well as abortion rights. He emphasized that he receives letters from people across the country over many issues including this one and argued that those in government owe it to those who suffer from terminal diseases to provide them with an answer over the future of this bill. Boric made specific reference to Susana and promised that in the name of her and countless others who are suffering a similar fate, he would encourage policymakers not to avoid this debate any longer. He argued that passing this law is “an act of empathy, responsibility and respect”.
Unlike those within the Senate, public opinion on assisted dying and euthanasia has evolved since it was first brought into the political arena in 2014. Unsurprisingly due to the strong influence of the Catholic Church, with Chile being categorized as one of the most conservative countries on the continent at the time, the idea of legislating for assisted dying was met with skepticism and hostility. However, it appears that this resistance to the euthanasia bill has weakened over the last few years. According to some 2024 surveys, 75 per cent of participants supported euthanasia, with 89 per cent of the population in October last year arguing that it should “always be allowed” compared to 11 per cent who affirmed they disagreed with it in every circumstance. This appears to coincide with a weakening of the Catholic faith in Chile, with the country currently finding itself in a so-called “crisis of faith”. The exposure of a series of sex-scandals involving high-ranking figures in the Catholic church in Chile has had a profound impact on its membership; “between 2013 and 2017 the percentage of self-declared Catholics decreased by 11%, from 56% to 45%” in the country. In all likelihood, this may have informed the turning of public opinion aware from traditionally Catholic ideas, leading to more people supporting measures such as assisted dying and abortion provision.
If Chile did succeed in decriminalizing euthanasia and assisted dying, they would not be alone in doing so. In February 2024, Ecuador decriminalized euthanasia, with its constitutional court voting “seven to two in [favor] of allowing doctors to help a patient die.” This lawsuit, which was initiated by an Ecuadorian woman suffering from ALS, meant that doctors and medical personnel supporting someone to end their life would no longer be subject to homicide charges for doing so. This move made Ecuador the second country in Latin America to decriminalize euthanasia, after Colombia in 1997.
Despite Colombia ruling to decriminalize this practice in 1997, this did not mean that assisted dying was a widespread practice. On the contrary, the first assisted death only took place in 2015, after the Constitutional Court ordered the Ministry for Health to produce a protocol to mandate for assisted dying. However, no one can deny that “Colombia is a pioneer in the American continent, and globally, in recognizing this right to patients with terminal or incurable diseases”, with almost 700 Colombians deciding to end their lives this way since 2015. There has been an uptake in the number of people choosing euthanasia since 2021, as a result of a legal resolution that year which removed having a terminal illness as the only circumstance under which you could access euthanasia.
However, this practice is not widespread throughout Latin America. For example, in Mexico, “the General Health Law prohibits euthanasia, assisted suicide and mercy killing”, with several euthanasia bills having been voted down. The only option available to Mexicans is an ‘anticipated will’ – a legal document that a terminally ill person can make their end-of-life treatment and care wishes clear. In Argentina, assisted dying is also prohibited, but it is also “one of the few Latin American countries that contemplates passive euthanasia.” Steps were taken in attempting to legislate for euthanasia under the previous government with their ‘Alfonso Law’, but thus far no more progress has been made. In Peru, the situation appears to be less clear. Technically, euthanasia is punishable with prison sentences. However, in 2021, the courts approved the request by a 44-year-old Peruvian woman to an assisted suicide. Surprisingly, in liberal and progressive Uruguay, euthanasia is still illegal. However, public opinion is generally supportive of such measures being brought in.
Overall, it appears that change to the law could be coming in Chile, as well as other countries in Latin America. However, in Gabriel Boric’s case, there may not be time for him to fulfil his commitment to Susana and countless others who are relying on a change in the law for them to be able to control their own deaths. Soon enough, Chilean political discourse will be dominated by talk of the November 2025 Presidential Elections, which could mean that public interest in the passing of the euthanasia bill wanes. Alternatively, Boric could decide that this move is not politically viable for his party. Although Boric is constitutionally barred from seeking re-election, he could face pressures from his party to avoid making controversial decisions faced with an election, and a high approval rating for his party’s opponent.
