Decriminalizing abortion: why judges did not support the new procedure and who oppose it

Last Monday, February 21, the Entire Chamber of the Constitutional Court approved Decriminalization of abortion in Colombia up to 24 weeks of pregnancyFor many, it means a historic decision for the country. Thus, a woman will have the right to voluntarily interrupt her pregnancy if she needs to until the sixth month without legal consequences, While health entities must implement the procedure that guarantees the life and safety of the woman.

Colombia’s new abortion law It came into effect from Monday itself.Although, according to the Constitutional Court, Now it will be the task of lawmakers to create the guidelines and public health policy that accompany this new measure.Where the population is informed about the options available to pregnant women, and obstacles to the exercise of sexual and reproductive rights recognized by the sentence and the various programs related to sexual and reproductive education are removed.

Similarly, it was determined that even after 24 weeks, a woman would still be able to have an abortion, despite the three reasons that were dealt with in the country: If your physical or mental integrity is in danger, certified by a doctor; that the fetus has some abnormalities that prevent it in the future from leading a decent life, it must also be certified by a specialist; Or that the woman became pregnant as a result of a violent or non-consensual sexual act.

However, it should be clarified that in order to pass this new law decriminalizing abortion in the country, The Plenum of the Constitutional Court held a vote that was very close, ending with 5 votes in favor and 4 against.being Judge Julio Andres Osa who set the approval for the procedure.

Why did the judges not support the new abortion law?

Justices Antonio Jose Lizarazzo, Alberto Rojas, Jose Fernando Reyes and Diana Fajardo and Deputy Judge Julio Osa voted to decriminalize abortion. While Judges Cristina Pardo, Paula Meneses and Gloria Ortiz, along with Judge Jorge Ibanez, voted against the measure and rejected the agency’s decision.

According to Judge Jorge Ibanez, there was no clear objective reason for a new ruling in this regard, given Judgment C-355 of 2006.Some of the causes of miscarriage have already been identified. In addition to, According to El Tiempo . newspaperIbanez emphasized that there is no right more important than the right to human life, which cannot be discussed even by a court of law.

“The decriminalization of abortion on the basis of a system of conditions up to the twenty-fourth week of pregnancy without any grounds for unconstitutionality, unreasonably and disproportionately affects the constitutional and traditional obligation Protecting the life of the fetus during that period and the associated rights to life, human dignity and health, among other things‘ reassured the judge.

for this part, Judge Cristina Pardo also noted that there had already been a ruling by the Constitutional Court on this issue and that human life was inviolable from the moment of conception. “The stage of life that a human goes through cannot be grounds for granting or denying protection. Human life, like biological life, is a process and must be respected in all its stages,” Pardo said.

Meanwhile, Judge Gloria Ortiz once again referred to the fact that since 2006 a ruling on voluntary interruption of pregnancy (IVE), Although he also made it clear that the Court should not have jurisdiction to decide, but Congress should do so. “Obviously the decision regarding the complete decriminalization of abortion rests with the legislator, as well as the determination of the number of weeks allowed for its practice. This happens because it is the organs of democratic representation that must regulate, with the support of science, the matter.” The official said, according to RCN radio.

Who else is against this measure?

The Constitutional Court’s decision to decriminalize abortion until the twenty-fourth week has provoked various reactions in the country’s public sphere. on one hand, Former President Alvaro Uribe rejected the new court procedureNoting that there are those who are born in the sixth month of pregnancy in complete health. For his part, the presidential candidate of the Conservative Party said, David Bargill, also opposed the decision, emphasizing that he would oppose in his government the decriminalization of abortion.