María Benito

Born in Huancayo, María was an administrator by profession who lived with Amyotrophic Lateral Sclerosis (ALS) for over ten years. By 2022, at age 64, her disease had reached an advanced stage, paralyzing all her muscles. After losing the ability to speak, she could only communicate through eye movements using an eye-tracking system (Tobii).

María’s greatest fear was remaining conscious yet trapped within her own body. Because she relied on a mechanical ventilator, she requested that EsSalud—Peru’s social security system—withdraw this life-support measure and offer her palliative sedation, allowing the disease to take its natural course toward death. Although her request was legally grounded in her right to refuse medical treatment, EsSalud denied it, arguing that she was seeking euthanasia, which was prohibited.

Faced with EsSalud’s refusal, María filed a lawsuit to compel the public institution to protect her right to personal liberty and integrity. In February 2024, the Superior Court of Justice ruled in her favor and ordered EsSalud to respect her decision. Despite obstacles encountered during the ruling's implementation—stemming from the misuse of medical conscientious objection—María’s request was granted on May 3, 2024, pursuant to the court's decision. This made her case the second instance of a "death with dignity" proceeding to go to court in Peru.