Brand new Constitutional Courtroom along with approved females as the sufferers of one’s best to self-esteem, 100 % free growth of identification, and you may reproductive freedom, reminding lawmakers:

We simply cannot ignore the simple fact that women are completely worthy human beings and ought to end up being managed as such, in the place of are considered simple reproductive tools toward human battle or being pressed some times, up against its commonly, to help you act as products out-of procreation … The legal right to become a father or mother-otherwise, this means that, the ability to opt for pregnancy because the an excellent “lifestyle choices”-try a decision of the maximum confidentiality for every woman.

This new court and additionally recognized the authority to health, setting up you to expectant mothers and you may females feel the to availableness abortion whenever the pregnancy presents a risk on their lives or health, the second from which need to be realized generally to add both physical and mental health.

According to Colombia’s penal password, “Discipline need adhere to what it is out of standard protection, simply retribution, special protection, and social reintegration.” In other words, because of the classifying certain run because the a crime by applying abuse accordingly, the penal password will be help prevent eg serves out-of happening, repair as far as possible the damage done to community, and you can “definitely determine the near future conclusion from perpetrators of one’s crime”-which is, it should post a message so you can criminals, that prevent them regarding committing the brand new crime once again.

Statutes one to discipline abortion have the effect of establishing women that are pregnant at opportunity to your fetus in place of acknowledging one “the fresh operate off conception and even [an effective woman’s] desire for it does not indicate a purpose and much less an interest in maternity

If we undertake it because purpose of discipline, we are able to observe that classifying abortion because the a criminal activity try inadequate into the amount one to:

Nevertheless, the nation’s robust jurisprudence and you can nice coverage and you will regulatory design accepting intimate and you may reproductive liberties failed to make sure that access to abortion qualities are sufficient, equal, and you will without barriers

a) this isn’t a preventive measure, whilst will not stop lady out-of delivering abortions, though it are effective in advising women who committing an effective crime isn’t just bad by itself and sells an effective sugar-daddies.net sugar baby US penalty;

b) this is not a way of measuring simply retribution, since criminalization violates ladies important rights just like the enshrined on composition; and you can

c) it doesn’t promote ladies reintegration for the neighborhood, since when a woman accesses a keen abortion, that’s recognized as a fundamental right in exposure to almost every other liberties, the woman is neither altering new social acquisition neither cracking any regulations out of civic coexistence, other than and this notices maternity since simply appropriate sorts of womanliness and as women’s fate (that your legal rejected).

Similar to this, brand new classification regarding abortion as a criminal activity symbolizes a practical means to help you discipline rather than attaining the goal of imparting justice when you find yourself undertaking hazardous effects. And it gets a tool to own controlling women’s breeding. According to literary works, so it design doesn’t know ladies’ versatility and ethical flexibility, for, of all of the rights, women’s versatility is one extremely sexually connected to the real looks and to reproduction. ” The problem is one of ladies’ moral liberty insofar just like the she is one whom identifies the continuing future of this new fetus, particularly be it “condemned by the mother to be produced.”

Colombia’s progress for the ensuring conformity to your foundation in depth with its abortion legislation-as well as its development of abortion-relevant jurisprudence of the Constitutional Courtroom-could have been extreme versus different countries from inside the Latin The usa.