Spotlight on the Americas Euthanasia in Colombia.

Editor's note. Much press coverage has been given to the 1997 decision of Colombia's highest court that seemingly legalized euthanasia in that South American country. NRLC's director of Hispanic Outreach explains that things are not so clear. In light of subsequent action by the Colombian Senate inconsistent with the Court ruling, eminent Colombian authorities argue that under that country's constitutional law, legal protection against direct killing remains.

Jose Parra is a hardworking and dedicated lawyer in Santa Fe de Bogot, Colombia. In the late 1990s Mr. Parra was troubled by what he considered the lackadaisical way in which the Colombian Constitution treated those committing active euthanasia under the banner of mercy killing. In section 326 of the Code of Criminal Law in Colombia, "mercy killing" was described as (literal translation),

"Mercy Killing: That who killed someone else for mercy, to end the acute suffering caused by a bodily injury or serious and or incurable disease, will be sentenced to imprisonment between six months and three years."

Mr. Parra felt that the penalty should be stiffer and that a more protective law would act as a deterrent to the wanton killing of the elderly and infirm. He then took it upon himself to challenge this statute before the Colombian Supreme Court.

Colombia's Constitutional Court agreed to hear his case, and as the date for the hearing loomed closer and closer, local papers began taking editorial positions on one side of the debate or the other. News stories also appeared that either supported Mr. Parra's position or opposed it.

One of the more interesting and well-covered stories was that of Alejandrina Larota de Vargas. Mrs. Larota de Vargas was suffering from terminal cancer when she begged her children to find a doctor to end her life.

Her family members went as far as contacting a doctor willing to perform what they thought was a "mercy killing." Even though the act was illegal at the time, all of Mrs. Larota de Vargas' children agreed to go through with it.