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Assessment and Communication for People with Disorders of Consciousness

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Tribunal Constitucional y exclusión de personas con enfermedad mental del acceso a la eutanasia: Reflexiones sobre la

Federico de Montalvo Jääskeläinen¹

¹Universidad Pontificia de Comillas ICADE fmontalvo@comillas.edu.

Cuadernos de bioetica : revista oficial de la Asociacion Espanola de Bioetica y Etica Medica

|December 24, 2025

Abstract:

In 2023, the Constitutional Court addressed the debate concerning the negative dimension of the right to life that is, whether an individual may request assistance from the State to die. The Court held that the recognition of such a right is not incompatible with the right to life enshrined in Article 15 of the Spanish Constitution. However, the Court also clarified that this right is not of a general nature, but rather must be situated within a specific context: the context of euthanasia. This context is characterized by the presence of physical or psychological suffering, which must, in any case, occur within the framework of a somatic illness.

Palabras clave:

eutanasia derecho a morir Tribunal Constitucional derecho a la vida enfermedad somática sufrimiento

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