Brand new Constitutional Court also recognized ladies as victims of best to self-respect, free growth of character, and you can reproductive independence, reminding lawmakers:

We can’t disregard the undeniable fact that ladies are completely worthy people beings and must be handled as a result, instead of being deemed mere reproductive instruments on the person competition or becoming pushed oftentimes, facing its commonly, so you’re able to serve as products out-of procreation … The legal right to feel a parent-or, simply put, the ability to go for maternity once the an effective “lifestyle possibilities”-is a decision of extreme confidentiality for every single lady.

Brand new court also accepted the legal right to fitness, creating one to pregnant women and you will ladies have the right to access abortion whenever their maternity poses a threat on the existence otherwise health, the latter of which have to be knew broadly to include both physical and mental fitness.

Based on Colombia’s penal code, “Abuse need conform to the goals of standard protection, merely retribution, special reduction, and you may societal reintegration.” This means that, of the classifying specific conduct since the a criminal activity and also by applying discipline properly, the new penal code will be help prevent like acts out of occurring, fix so far as you’ll be able to the damage completed to community, and you may “positively influence the future decisions out of perpetrators of crime”-that is, it has to upload an email so you can bad guys, that may avoid them out of committing the new crime once again.

Rules you to punish abortion are responsible for position pregnant women from the chances on the fetus instead of recognizing one to “brand new operate of conception and also [a good female’s] interest in it generally does not mean an objective and much smaller an interest in pregnancy

Whenever we deal with this while the goal of abuse, we are able to observe that classifying abortion since a crime try useless on the amount that:

Still, the nation’s strong jurisprudence and you will large plan and you can regulating build accepting sexual and reproductive rights have failed to ensure use of abortion features is actually enough, equivalent, and you will without traps

a) this is not a preventive level, since it doesn’t stop women off providing abortions, though it should be good at telling women that committing a beneficial crime isn’t only crappy in itself and also sells an effective penalty;

b) this is simply not a measure of just retribution, while the criminalization violates women’s simple rights given that enshrined regarding the constitution; and you can

c) it doesn’t give ladies’ reintegration with the neighborhood, since when a female accesses an abortion, that is thought to be a standard right in contact with most other legal rights, she is none changing the newest societal order neither cracking one legislation away from civic coexistence, besides and that sees pregnancy as the simply appropriate type of womanliness so when women’s destiny (which the judge refused).

Such as this, this new category off abortion because a criminal activity symbolizes an effective utilitarian strategy to help you punishment in the place of reaching the objective regarding imparting fairness if you are carrying out harmful effects. And it gets a tool for controlling women’s reproduction. According to literature, so it model doesn’t know ladies freedom and you can moral independence, to possess, of all of the rights, women’s versatility is certainly one extremely intimately linked to the bodily human anatomy and also to reproduction. ” The problem is one of ladies’ moral self-reliance insofar since she is certainly one exactly who decides the future of brand new fetus, specifically whether it’s “condemned from the mother to be produced.”

Colombia’s advances for the ensuring compliance towards the basis detailed with its abortion legislation-and its development of abortion-relevant jurisprudence from the Constitutional Courtroom-has been tall versus other countries for the Latin America.