La producción de conocimiento experto: un eje central en la implementación del aborto legal en Colombia

The Use of Criminal Law on Abortion: A Structural Barrier that Limits Women’s Rights

“…4 These arguments can be reviewed in reference [3]. 5 Both the indication regime and time-limit model are built on arbitrary notions about reasons (the first one) or time limits (the second one), by which or within which the woman can or "must" interrupt a pregnancy. Both are supported by legal paternalism that grants third parties, physicians and judges among others, the power to share in or directly make the decision of when to abort for women.…”

“…3 For the pedagogical work, La Mesa formulated numerous arguments that support the need to eliminate the illegality of abortions. 4 These arguments encompass issues such as the inefficacy of the crime of abortion, the failures regarding service provision within the context of abortion as a crime, its impact on women's freedom, critique to the indications regime (or legal grounds) and the time-limit model, 5 and the lesser value assigned to women's lives when they have an abortion or refuse maternity as their destiny, which causes restrictive abortion regulations [4].…”

“…Along with this petition and an action strategy on several fronts [5], 6 the Just Cause Movement moreover seeks to stop the State's punitive power being applied in issues regarding abortion, so that women can freely be the protagonists of their lives and thus be equals in society. Furthermore, the movement endeavors to eliminate the stigma surrounding abortion, to reduce inequality among groups of women, and to create an environment of legitimacy around the decision to have an abortion, in order to keep criminalization from forcing women to be mothers and taking away their autonomy [3].…”

“…To expand on the inaction of Congress, see reference[5].29 The requests to Congress have been recorded in the Constitutional Court's Decisions: C-355/2006, T-532/ 2014 and SU-096/ 2018.…”