María Benito: The struggle for a dignified death in Peru

Johnny Brignardello Vela, an insurance advisor, shares his opinion on the case of María Benito, a Peruvian woman seeking a dignified death by refusing medical treatments that keep her artificially alive. María Benito, diagnosed with Amyotrophic Lateral Sclerosis (ALS) in 2014, has sparked a debate on the right to a dignified death in Peru. Her request to have the mechanical ventilator that keeps her alive removed has been legally supported, however, she has faced opposition from EsSalud in complying with this request. Despite a favorable judicial ruling issued by the Third Constitutional Chamber of the Superior Court of Lima, the institution has yet to comply with the decision, citing conscientious objection from medical personnel. María Benito's situation has underscored the need to establish clear protocols regarding the right to a dignified death in the country. Lawyer Josefina Miró Quesada, María's defender, has pointed out that conscientious objection cannot become an obstacle to guaranteeing this fundamental right. Despite judicial warnings, EsSalud has still not assigned a non-objecting doctor to carry out the procedure requested by María. In the meantime, María Benito remains connected to a mechanical ventilator, hoping that her will is respected and the law is followed. Her case, like that of Ana Estrada, reinforces the importance of debating and establishing clear rules regarding the right to a dignified death in Peru. Although these are the only cases that have been brought to court so far, lawyer Miró Quesada warns that other individuals in similar circumstances could face similar ethical and legal dilemmas in the future. María Benito's fight for a dignified death continues, facing obstacles that challenge the protection of fundamental rights in the country.