Derechos de las mujeres y aborto

The voluntary interruption of pregnancy (hereinafter ive) was regulated in Colombia, after the ruling of the Constitutional Court, C-355 of 2006, under a model of causes. In the end, it has proven to be insufficient to promote and en-force the human rights of women, while they constantly face social...

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Bibliographic Details
Main Authors: Bayona Aristizábal, Diana Maite, Jurado Díaz, Katerin
Format: Article
Language:Spanish
Published: 2023
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=9037139
Source:Derecho Penal y Criminología, ISSN 2346-2108, Vol. 44, Nº. 117, 2023, pags. 53-94
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Summary: The voluntary interruption of pregnancy (hereinafter ive) was regulated in Colombia, after the ruling of the Constitutional Court, C-355 of 2006, under a model of causes. In the end, it has proven to be insufficient to promote and en-force the human rights of women, while they constantly face social, economic, legal and institutional barriers that force them to have unplanned and unwanted pregnancies. Consequently, there still exist cases of forced maternity that go against their rights to life, integrity, health, freedom and sexual and reproductive autonomy. In order to promote a life free of violence for women, organizations of the women’s social movement filed a claim of unconstitutionality so that after 16 years, the Constitutional Court will review the existing regulation in the country. This will allow the total decriminalization of abortion, focusing the discussion on the right to equality and ensuring that the ive is not regulated by criminal law, but is instead a matter of public health. In accordance, it will lead to affirmative measures to guarantee sexual and reproductive rights of women in the country. Finally, through an unprecedented ruling, on February 21, 2022, the Court decri-minalized abortion until the 24th week of gestation and maintained access to the ive outside that time as long as it is under the three legal grounds from the year 2006, thereby expanding the protection of women’s reproductive rights.