The fresh new Constitutional Legal and recognized ladies due to the fact subjects of the right so you’re able to self-esteem, totally free growth of identity, and you may reproductive freedom, reminding lawmakers:
We can’t disregard the simple fact that ladies are completely deserving individual beings and should become handled as a result, in lieu of becoming considered simple reproductive products for the human competition or being pushed some times, against their have a tendency to, so you can serve as products regarding procreation … The right to end up being a moms and dad-otherwise, in other words, the right to opt for pregnancy as the good “lifestyle possibilities”-is a choice of utmost privacy for each lady.
The new legal together with accepted the legal right to wellness, setting up that expecting mothers and you will ladies feel the to access abortion when its pregnancy poses a risk on the existence otherwise fitness, the latter of which should be know broadly to incorporate both physical and mental wellness.
Predicated on Colombia’s penal code, “Punishment need certainly to adhere to what it is away from general cures, just retribution, special protection, and social reintegration.” This basically means, by the classifying certain run once the a criminal activity and also by using punishment consequently, brand new penal password will be help alleviate problems with like acts away from going on, fix in terms of it is possible to the damage done to area, and you may “positively dictate tomorrow choices from perpetrators of the offense”-that’s, it has to post a message to help you crooks, that’ll avoid them regarding committing the fresh offense once more.
Statutes you to definitely penalize abortion have the effect of establishing expectant mothers on possibility into the fetus instead of taking one “brand new act out of conception and even [an effective female’s] interest in it generally does not indicate an intention and much smaller a desire for maternity
Whenever we undertake that it just like the aim of punishment, we could see that classifying abortion since a crime is useless for the the total amount you to definitely:
Nevertheless, the country’s sturdy jurisprudence and you may ample policy and you will regulating design taking intimate and you can reproductive legal rights have failed in order that access to abortion characteristics is enough, equivalent, and you may clear of barriers
a) that isn’t a preventive scale, whilst will not prevent people away from taking abortions, although it can be effective in advising women who committing a offense is not only crappy by itself but also deal an effective penalty;
b) it is not a measure of just retribution, since the criminalization violates women’s important legal rights once the enshrined about structure; and you may
c) it doesn’t render women’s reintegration on the community, since when a lady accesses an abortion, that’s recognized as a simple inside contact with most other liberties, the woman is none switching the fresh new social purchase nor breaking people guidelines regarding civic coexistence, apart from hence observes maternity just like the simply appropriate variety of womanliness and also as ladies destiny (that the judge refused).
Similar to this, brand new classification away from abortion since the a criminal activity embodies a great practical strategy to abuse without achieving the mission of imparting justice while carrying out dangerous consequences. Also it becomes a hack getting managing ladies’ reproduction. According to books, which model doesn’t recognize ladies independence and you can moral self-reliance, getting, of all of the legal rights, ladies freedom is just one very intimately linked to the bodily human body and to reproduction. ” The problem is certainly one of ladies ethical self-reliance insofar because she is certainly one who determines the future of the brand new fetus, namely should it be “destined by mother to be produced.”
Colombia’s progress inside making sure conformity with the grounds outlined with its abortion law-as well as its development of abortion-related jurisprudence of the Constitutional Courtroom-might have been significant than the various countries inside Latin The usa.