The Ecuadorian legislation in the framework of international declarations and conventions relating: the rights of the patient

Abstract

Presently, the right to health protection and provision is fully recognized in most western legal systems. However, the patient’s right to refuse medical treatment remains a controversial issue for most physicians and judges, who repeatedly prioritize the right to life above all else. Such doctors can accept or Refuse a medical procedure (principle of autonomy), religious freedom and dignity of a paitient. The European courts tend to side with the decriminalization of the health professionals who respect the patient’s decision, even if it causes considerable prejudice or even death. In Ecuador, the legislation is not totally clear and precise in this subject, therefore, we will study the legal basis that the patient has the right to refuse medical treatment for ideological or religious reasons in declarations, convenants, international agreement.