Obstacles and challenges following the partial decriminalisation of abortion in Colombia.
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.
Department of Philosophy & Centre for the History of Medicine and Disease, Durham University, Durham, UK. eduardo.diaz-amado@durham.ac.uk
Eduardo Díaz
ED
Amado
Maria Cristina
MC
Calderón García
Katherine Romero
KR
Cristancho
Elena Prada
EP
Salas
Eliane Barreto
EB
Hauzeur
D000028:Abortion, Induced / Q000331:legislation & jurisprudence*; D000029:Abortion, Legal / Q000706:statistics & numerical data; D000293:Adolescent; D000328:Adult; D002648:Child; D003105:Colombia; D003415:Crime / Q000331:legislation & jurisprudence*; D005260:Female; D006297:Health Services Accessibility / Q000331:legislation & jurisprudence*; D006806:Human Rights / Q000331:legislation & jurisprudence; D006801:Humans; D011247:Pregnancy; D055815:Young Adult