Autonomy in relation to one’s own death. The Constitutional Court’s rulings 19/2023 and 94/2023

Abstract

The right to self-determination over one’s own death in certain contexts has made its way in Spain through the Organic Law 3/2021, of 24 March, regulating euthanasia, as well as the Constitutional Court rulings 19/2023 and 94/2024 declaring its constitutionality. In this paper we will focus on some aspects raised in these rulings, which are of maximum relevance. Thus, the scope of the right to life and the role of free self-determination in the new configuration of the right to personal integrity, following in the wake of the European Court of Human Rights. Certain aspects of the regulatory model will also be addressed, such as the delimitation of the euthanasia context, especially in cases of mental illness, and the shortcomings related to the situations of “de facto incapacity”.