Obstacles and challenges following the partial decriminalisation of abortion in Colombia

Abstract

During a highly contested process, abortion was partially decriminalised in Colombia in 2006 by the Constitutional Court: when the pregnancy threatens a woman's life or health, in cases of severe fetal malformations incompatible with life, and in cases of rape, incest or unwanted insemination. However, Colombian women still face obstacles to accessing abortion services. This is illustrated by 36 cases of women who in 2006-08 were denied the right to a lawful termination of pregnancy, or had unjustified obstacles put in their path which delayed the termination, which are analysed in this article. We argue that the obstacles resulted from fundamental disagreements about abortion and misunderstandings regarding the ethical, legal and medical requirements arising from the Court's decision. In order to avoid obstacles such as demands for a judge's authorisation, institutional claims of conscientious objection, rejection of a claim of rape, or refusal of health insurance coverage for a legal termination, which constitute discrimination against women, three main strategies are suggested: public ownership of the Court's decision by all Colombian citizens, a professional approach by those involved in the provision of services in line with the law, and monitoring of its implementation by governmental and non-governmental organisations.

Sexual and reproductive health and rights in Latin America: an analysis of trends, commitments and achievements

“…Abortion is legal on broad grounds and safe services accessible only in Mexico City, Puerto Rico and Cuba. 7,8 While Africa and Asia have the highest absolute numbers of abortions each year, Latin America has the highest unsafe abortion ratios in the world, with 31 unsafe abortions per 1,000 women aged 15 to 44, and 39 unsafe abortions per 100 live births. 9 Each year in Latin America, some 2,000 women die from abortion complications, 45% of whom are under the age of 24.…”

Second trimester abortion laws globally: actuality, trends and recommendations

“…However, there is some evidence that women may be delayed in reporting rape and therefore in being able to seek an early abortion. 42 A number of these countries also require more than the woman's statement that the pregnancy resulted from a sexual offence. For example, in Bolivia a prosecution must have been initiated.…”

Movement and counter-movement: a history of abortion law reform and the backlash in Colombia 2006–2014

“…In particular, health service providers have requested judicial authorization or other types of authorizations not mandated in Decision C-355. 15 • The use of collective or institutional conscientious objection by health care providers, which was explicitly banned in the Court's Decision. 15 In particular, private providers linked to Catholic organizations have systematically refused to perform legal abortions, appealing to institutional conscientious objection.…”

“…5,15,16 In some reported cases, the actions by the health care system has amounted to institutional violence against women. 15 As a response to this situation, women requested the judiciary to intervene to protect their rights, and the Constitutional Court upheld their claims.…”

“…5,15,16 In some reported cases, the actions by the health care system has amounted to institutional violence against women. 15 As a response to this situation, women requested the judiciary to intervene to protect their rights, and the Constitutional Court upheld their claims. Whereas Decision C-355 had been motivated by an Action of Unconstitutionality, which in Colombia is filed in the abstract and is directed to challenge the constitutionality of an existing norm, the subsequent Court's jurisprudence on abortion arose from tutela writs filed by individual women and feminist organizations seeking redress for the violation of women's fundamental rights.…”