La política contenciosa y la contramovilización legal conservadora del aborto en Colombia

Puga, Alma Beltrán y; Monsalve, Viviana Bohórquez

doi:10.18800/derechopucp.202201.002

Cited by 3 publications

(2 citation statements)

References 15 publications

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“…These clinics, which are concentrated in the major cities in the country, offer better abortion services but have limited technical capacity that prevents them from offering late‐term abortions. And even if they have endured persecution by zealous pro‐lifers in the past, 23 this persecution is bound to increase as they proliferate and penetrate regions with stronger opposition to abortion 24 . Increased visibility of doctors performing late‐term abortions, as these procedures have become legal and available upon request as late as week 24, could also spark stronger reactions.…”

Section: Implications For Health Providersmentioning

confidence: 99%

The new Colombian law on abortion

Sierra

2022

Intl J Gynecology & Obste

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On February 21, 2022, the Colombian Constitutional Court (hereinafter "the Court") repealed the existing criminal law on abortion and introduced a mandatory interpretation of the legal text according to which women and health practitioners may be prosecuted only when the voluntary termination of a pregnancy: (1) happens after week 24 of gestation and (2) is not motivated on grounds of health, rape, incest, forced insemination, or malformations incompatible with extrauterine life. 1 This decision is generally binding and of immediate application under the legal framework developed by the Health Ministry and the Constitutional Court after 2006. 2 The present paper provides an account of Colombian abortion law after the Court's 2022 decision, Sentencia C-055/2022, 1 and of the rationale that the Court used to justify its decision. It explains the following: a. how the Court built on its interpretation of the right to health and substantive equality to acknowledge the impact of abortion regulations on women's lives; b. the Court's analysis of freedom of conscience as commanding recognition of motherhood as an intensely personal choice; and c. the appreciation of the legislator's inability to protect prenatal life by other means as crucial to decriminalization of abortion.The paper also describes some of the immediate consequences for health providers and the challenges for civil society in a context of increased polarization and little public support for the Court's decision.

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Section: Implications For Health Providersmentioning

confidence: 99%

The new Colombian law on abortion

Sierra

2022

Intl J Gynecology & Obste

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“…Religious organizations, anti-abortion groups, as well as key figures in government launched various efforts aimed at sabotaging the ruling or forcing its reversal [6,7]. More recently, representatives of the conservative movement have filed various lawsuits focused on protecting life from conception, with the goal of forcing the Constitutional Court to criminalize abortion once again [8]. Though these efforts were not successful, they signaled a strong rejection of abortion rights among some sectors of Colombia's population.…”

Section: Introductionmentioning

confidence: 99%

Motivations for using misoprostol for abortion outside the formal healthcare system in Colombia: a qualitative study of women seeking postabortion care in Bogotá and the Coffee Axis

Ortiz,

Blades,

Prada

2024

Reprod Health

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Background In 2006, a Constitutional Court ruling partially decriminalized abortion in Colombia, allowing the procedure in cases of rape, risk to the health or life of the woman, and fetal malformations incompatible with life. Despite this less prohibitive law, some women and pregnant people preferred self-managing their abortions outside the formal healthcare system, often without accurate information. In 2018, we undertook a study to understand what motivated women to self-manage using medications that they acquired informally. Colombia has since adopted a progressive law in 2022, permitting abortion on request through the 24th week of pregnancy. However, the implementation of this law is still underway. Examining the reasons why women chose to informally self-manage an abortion after 2006 may not only highlight how barriers to legal services persisted at that time, but also could inform strategies to increase knowledge of the current abortion law and improve access to services going forward. Methods In-depth interviews were conducted in 2018 with 47 women aged 18 and older who used misoprostol obtained outside of health facilities to induce an abortion, and who were receiving postabortion care in two private clinics. Interviews explored what women knew about the 2006 abortion law which was then in effect, and the reasons why they preferred informal channels for abortion care over formal healthcare services. Results Women’s motivations to use misoprostol obtained outside the formal healthcare system were influenced by lack of trust in the healthcare system along with incomplete and inaccurate knowledge of the abortion law. Conversely, women considered misoprostol obtained outside the healthcare system to be effective, affordable, and easier to access. Conclusions Obtaining misoprostol outside the formal healthcare system offered a more accessible and appealing prospect for some women given fears of legal repercussion and stigma toward abortion. Though this preference will likely continue despite the more liberal abortion law, strategies should be implemented to broaden knowledge of the recent change in law and to combat misinformation and stigma. This would support knowledge of and access to legal abortion for those who wish to avail themselves of these services.

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“El mito legal del orden sexual”. Etnografía de una audiencia por el reconocimiento del matrimonio igualitario en la Corte Constitucional del Ecuador

Argüello Pazmiño

2024

derest

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Este artículo recoge mis anotaciones y mis reflexiones etnográficas, como observadora participante, en la audiencia pública del caso n.° 0011-18-cn –matrimonio igualitario– del 29 de marzo del 2019. Orientada por las preguntas ¿por qué el reconocimiento del matrimonio igualitario es un campo de disputa? y ¿cómo el reconocimiento del matrimonio igualitario se convierte en un campo de disputa del orden moral?, se examinan los mecanismos legales –simbólicos y procedimentales– que se produjeron a través del debate y anuencia en torno a una de las acciones de protección que la Corte Constitucional ecuatoriana tuvo que procesar para reconocer este derecho civil. Esta nota presenta algunos aprendizajes teórico-metodológicos y hallazgos empíricos desprendidos del ejercicio etnográfico dentro de un programa de investigación más amplio.

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La política contenciosa y la contramovilización legal conservadora del aborto en Colombia

Cited by 3 publications

References 15 publications

The new Colombian law on abortion

The new Colombian law on abortion

Motivations for using misoprostol for abortion outside the formal healthcare system in Colombia: a qualitative study of women seeking postabortion care in Bogotá and the Coffee Axis

“El mito legal del orden sexual”. Etnografía de una audiencia por el reconocimiento del matrimonio igualitario en la Corte Constitucional del Ecuador

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