The Constitutional Court has unanimously agreed to reject the appeal for protection presented by Noelia’s father, who requested that the process be stopped. The magistrates have adopted this decision considering that in this case there has been no violation of a fundamental right, as reported this Friday by the court. With this refusal, the parent has no more options to resort to in Spain. It has already announced that it will take the case to the European Court of Human Rights (ECHR).
Within the framework of the appeal, the man —— demanded that the Constitutional Court provisionally suspend the euthanasia process of his daughter. He also challenged the judicial resolutions that had considered Noelia’s capacity to request euthanasia proven. In his opinion, the courts had violated his right to effective judicial protection in relation to the prohibition of arbitrariness, as well as the right to life, the dignity of the person and the autonomy of his daughter.
This Friday, in an extraordinary session, the Second Chamber of the Court of Guarantees “has inadmissible the appeal filed” by the man due to the manifest lack of violation of a fundamental right that can be protected under protection. This Chamber is made up of four magistrates from the progressive wing – Inmaculada Montalbán, María Luisa Balaguer, Ramón Saez and Laura Díez – and two from the conservative sector – Enrique Arnaldo and César Tolosa.
Noelia’s father against the ruling of the Superior Court of Justice of Catalonia (TSJC) that ratified the decision of a Barcelona court to allow euthanasia to be applied to his daughter. The high court recalled that the young woman is of legal age and has been authorized by the Guarantee and Evaluation Commission of Catalonia (CGAC, the body that ensures compliance with the euthanasia law in the community) since the summer of 2024.
Said commission adopted that decision unanimously after the duo (doctor-jurist) who decides on each case feigned a disagreement to force a statement from all their colleagues. The objective of these two professionals was none other than to provide even more guarantees to the process, taking into account, above all, the young age of the applicant. Those who have endorsed Noelia’s euthanasia have already mentioned that this somewhat anomalous action “in no way vitiates the procedure as null and void”, since it grants, if anything, “greater guarantees” to the final decision.
The Supreme Court’s ruling marked the end of the road in ordinary justice and caused the precautionary measures agreed by the Barcelona court to decline, automatically and as provided by law. This court had ordered that, while the case was being processed, Noelia’s euthanasia would be paralyzed. Now, on paper, it can be reactivated and the Guarantee and Evaluation Commission of Catalonia. The body, according to the sources consulted, will appoint a responsible doctor to agree with the patient when, how and where she will receive assistance in dying. Noelia remains admitted to a social and health center in Sant Pere de Ribes (Barcelona) and her condition has been increasing, among other things, due to the judicial process, according to medical reports.
Christian Lawyers, representing the father, has announced that it will take the case to the European Court of Human Rights, considering that this procedure is “violating fundamental rights.” “We are not going to leave these parents alone. We are going to continue fighting until the end to defend their right to save their daughter’s life,” said the president of the ultra-Catholic association, Poland Castellanos.
