Euthanasia in Colombia: the Constitutional Court's rulings
- Court ruling
In Colombia, euthanasia and medically assisted suicide are not crimes if a doctor performs them, with consent, for intense suffering.
What it is
In Colombia the right to die with dignity was born from the case law of the Constitutional Court. In 1997 the Court held that a doctor who causes the death of a terminally ill patient who freely asks for it commits no crime (C-239). In 2014 it ordered the Ministry of Health to regulate the procedure (T-970). In 2021 it removed the terminal-illness requirement (C-233), and in 2022 it extended the protection to medically assisted suicide (C-164). The Court has repeatedly urged Congress to legislate.
What the Court decided
- C-239 of 1997 (20 May 1997, reporting justice Carlos Gaviria Díaz): upheld art. 326 of the 1980 Penal Code (mercy killing), but held that for terminally ill patients who give free consent the doctor who acts bears no liability. It urged Congress to regulate dignified death.
- T-970 of 2014 (15 December 2014, reporting justice Luis Ernesto Vargas Silva): recognised dignified death as a fundamental right; ordered the Ministry of Health to issue within 30 days a directive for IPS to form interdisciplinary committees and to suggest a medical protocol. It repeated the call to Congress.
- T-970 of 2014: a doctor who objects on grounds of conscience must give their reasons in writing, and another professional must be assigned within 24 hours.
- C-233 of 2021 (22 July 2021, reporting justice Diana Fajardo Rivera): upheld art. 106 of Law 599 of 2000 on the understanding that there is no crime if a doctor performs it, with free and informed consent given before or after diagnosis, and the patient suffers intensely from a bodily injury or serious, incurable disease.
- C-164 of 2022 (11 May 2022, reporting justice Antonio José Lizarazo Ocampo): upheld paragraph 2 of art. 107 of Law 599 of 2000 on the understanding that there is no crime of assisting suicide under those same three conditions. It repeated the call to Congress.
Background
- The Penal Code punishes mercy killing (now art. 106 of Law 599 of 2000) and inducing or assisting suicide (art. 107).
- Constitutionality rulings (C) set how those articles must be read; tutela rulings (T) protect a specific person and give orders to the authorities.
In clinical practice
- Any doctor may receive a request for euthanasia; it cannot be ignored.
- The request goes through the provider's committee; no doctor decides alone.
- Euthanasia is one option alongside palliative care and limiting therapeutic effort; the patient may withdraw at any time.
Status and official text
- Official text checked on 2026-11-05 at corteconstitucional.gov.co (relatoría) for C-239 of 1997, T-970 of 2014, C-233 of 2021 and C-164 of 2022.
- Art. 326 of Decree 100 of 1980 (C-239) was replaced by art. 106 of Law 599 of 2000 (C-233).
- To comply with T-970, the Ministry of Health issued Resolution 1216 of 2015, later replaced by Resolution 971 of 2021; Resolution 825 of 2018 regulated the procedure for children and adolescents.
- Resolution 813 of 2026 (April 2026) now applies: it repealed Resolutions 971 of 2021 and 825 of 2018 (art. 75) and applies C-233 of 2021, requiring an extreme health condition and intense, unbearable suffering, not a terminal illness (arts. 8 and 22). Checked on 2026-11-05 in Boletín Jurídico No. 04 of 2026 on minsalud.gov.co.
- Rulings C-233 of 2021 and C-164 of 2022 repeated the call for Congress to legislate on the right to die with dignity.
Test yourself
Think of the answer, then tap the question to see it.
Which ruling first decriminalised euthanasia performed by a doctor in Colombia?
C-239 of 1997, which held that a doctor's mercy killing is not punishable when the terminally ill patient gives free consent.
Which requirement did Ruling C-233 of 2021 remove?
Terminal illness: intense physical or mental suffering from a bodily injury or serious, incurable disease is enough.
What did Ruling C-164 of 2022 decide?
That assisting suicide (art. 107, para. 2, Law 599 of 2000) is not a crime if a doctor does it, with free and informed consent, for intense suffering from a serious, incurable injury or disease.
What did Ruling T-970 of 2014 order the Ministry of Health to do?
Issue within 30 days a directive for providers to form interdisciplinary committees on the right to die with dignity, and suggest a medical protocol.
Connections
Educational content on ethics and health law; not legal advice. Laws and case law change: each page links the official text and says when it was last checked. For a real case, read the text in force and ask a lawyer or the medical ethics tribunal.
Sources: Sentencia C-239 de 1997 (Corte Constitucional de Colombia, 1997); Sentencia T-970 de 2014 (Corte Constitucional de Colombia, 2014); Sentencia C-233 de 2021 (Corte Constitucional de Colombia, 2021); Sentencia C-164 de 2022 (Corte Constitucional de Colombia, 2022); Boletín Jurídico No. 04 de 2026, section 2.2.6: Resolución 813 de 2026 (Ministerio de Salud y Protección Social, 2026).
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Representative model, for educational purposes only.