The abortion in Colombia , or voluntary termination of pregnancy as technical name, based on induced abortion in Colombia , is allowed on three grounds since the judgment C-355 of 2006 of the Constitutional Court. 1 2 3 4 5
Partial decriminalization of abortion in Colombia
Abortion in Colombia was decriminalized through a letter of in-constitutionality that the doctor and lawyer Monica Roa put before the constitutional court, several years before feminist groups as Catholics for the right to decide, and women activists for sexual and reproductive rights as Maria Ladi Londoño, the French Florence Thomas among others, fought to be able to decriminalize the abortion in Colombia like a case of social justice, but these struggles were through the congress to legislate laws in favor of the women who abort but they failed in several attempts, until The arrival of lawyer Mónica Roa with a high-litigation project for the decriminalization of abortion in Colombia, supported by women’s world link and saw the triumph through the Colombian Constitutional Court and with the support of several groups of women and non-governmental organizations I put the letter of in-constitutionality mentioning that the total penalization of abortion in Colombia is unfair and therefore the rates of unsafe and clandestine abortion were higher where many women died or were injured for life, through an abortive abortion procedure, knowing that Abortion is a much safer procedure than natural childbirth, thus causing a national public health crisis. Until 2006, the court sentenced the Judgment of the Colombian Constitutional Court C-355 of May 10, 2006, following the case of Martha Sulay González , 6 7 8 in three specific situations: 1 9 10 11
… no offense of abortion is committed when, with the will of the woman, the interruption of the pregnancy occurs in the following cases: (I) When the continuation of the pregnancy constitutes a danger to life or the physical or mental health of The woman, certified by a doctor; (II) When there is a serious malformation of the fetus that makes life unfeasible, certified by a physician; And (III) When the pregnancy is the result of a properly denounced behavior, constitutive of carnal access or sexual act without consent, abusive or artificial insemination or transfer of fertilized ovum not consented, or incest. 12
When there is danger to the physical or mental health of the woman
When continuation of pregnancy constitutes a danger to the woman’s life, or affects her physical or mental health, the only legal requirement that can be asked of this woman is the certificate of a doctor or psychologist, another extra requirement that a provider Health request is illegal. The Colombian Constitutional Court, uses the health referent of the World Health Organization, which mentions that health is a state of complete well-being between the physical, mental, psychological and social. 12
When there is a serious malformation of the fetus that makes unfeasible extrauterine life or disability have a life very unworthy
Diseases or malformations of the fetus that make life unviable beyond the uterus is another causal factor for accessing legal abortion in Colombia. It is important to clarify that not any malformation in the fetus is a legal cause of abortion but only those that prevent life outside the uterus. 12
In case of violation, transfer of fertilized ovum or artificial insemination not consented
It has been considered that the conception as a cause of rape is likely to cause serious psychological harm to women, so that the Colombian legal system contemplates this case as one of the alleged cases in which the pregnant woman is legitimated to interrupt gestation . Sentence C355 / 06 of the Colombian constitutional court decriminalized abortion when the pregnancy is the result of a behavior constitutive of violent, abusive, properly denounced, or artificial insemination or transfer of fertilized ovum not consensual, or incest . 12
The penalty in Colombia for the practice of abortion, in cases not decriminalized by the Constitutional Court and according to Article 122 of the Colombian Criminal Code is: “A woman who causes her abortion or allows another to cause it will incur a prison of sixteen (16) to fifty-four (54) months. at the same sanction will be subject who, with the consent of the woman, perform the conduct referred to in the preceding paragraph. ” 13
Illegal abortions and maternal mortality in Colombia
The number of illegal abortions in Colombia, according to different organizations, would be around 300,000 per year, being the third cause of maternal mortality when carried out illegally and therefore without sanitary minima. 14
Movement against and in favor of abortion
Like in many other countries of strong tradition and catholic customs , there are social groups against the practice of abortion. These often claim that life , as a sacred matter, can only be removed by God , calling himself groups therefore pro . fifteen
In contrast, a variety of pro- choice groups , including feminist movements , often argue that their positions are based on the fact that the possibility of a life (that of the fetus) can not be above a life already formed, such as Of the woman, adding that if the future life of the fetus would not be worthy, it is legitimate to prevent it from being born. 15 16 17
- ↑ Jump to:a b SENTENCE C-355/06, Reference: files D- 6122, 6123 and 6124 Lawsuits of unconstitutionality against Arts. 122, 123 (partial), 124, modified by Art. 14 of Law 890 of 2004, and 32, numeral 7, of law 599 of 2000 Penal Code. In Mayoral of Bogota
- Back to top↑ The situation of abortion in Colombia within the Latin American context, Ana Cristina González, Cad. Saúde Pública, Rio de Janeiro, 21 (2): 624-628, Mar-Apr, 2005
- Back to top↑ Colombia – Abortion and the Courts, Santiago Pardo Rodríguez – El Tiempo, 12/1/2012
- Back to top↑ McDermott, Jeremy (August 25, 2006). «First legal abortion in Colombia» . BBC News (Bogota) . Accessed May 27, 2012 .
- Back to top↑ «First Legal Abortion Performed In Colombia Following Authorization From Country’s High Court» . Medical News Today . August 30, 2006 . Accessed May 27, 2012 .
- Back to top↑ “Abortion Adds to Colombia’s Election Turmoil”, Women’s E-News , May 2006
- Back to top↑ Inter-Press Services article on the Gonzalez case
- Back to top↑ Documentary on the Gonzalez case from The Current (radio program)
- Back to top↑ Abortion in Colombia
- Back to top↑ Legal abortion in Colombia, what cases covers the sentence C355 of 2006?
- Back to top↑ Normative Framework for the Comprehensive Management of Sexual and Reproductive Health 2007
- ↑ Jump to:a b c d Constitutional Court of Colomiba (2006). [ ‘Judgment C-355/06 10 May 2006, Liberation of abortion in certain circumstances. Claims of unconstitutionality against articles of law 599 of 2000 Criminal Code, In Mayor of Bogota] » . Judgment C-355/06 Mayor of Bogota . Accessed November 7, 2014 .
- Back to top↑ Colombian Penal Code, article 122
- Back to top↑ The Liberation of Abortion in Colombia, Family / Maternity / 3cifras.htm Maternal Mortality in World Figures, Healthy Maternity </ r <r Y Reproductiva, November 9, 2006 Induced abortion, a public health problem
- ↑ Jump to:a b Carlos Mario Molina Betancur, The right to abortion in Colombia: I part the legal concept of human life, 2006, ISBN 958-97944-0-8
- Back to top↑ Why Colombia seeks to ban abortion “in any circumstance”, Arturo Wallace, BBC Mundo, Bogotá, Wednesday, August 3, 2011
- Return to top↑ See The debate on abortion in Colombia. Ten reasons that achieved their decriminalization , in ‘mujeresenred.net’