The Constitutional Court of Colombia ruled this Monday (21) that no Colombian woman can be tried for an abortion performed before the 24th week of pregnancy. The decision was taken by five votes in favor and four against, removing abortion from the list of crimes in the Colombian Penal Code — when performed within that period.
Decriminalization is a historic achievement for the feminist struggle in a country with a Catholic majority where, each year, around 400 women were sentenced to 16 to 54 months in prison for terminating a pregnancy.
The decision makes Colombia the top country in South America, in terms of population, to decriminalize the procedure — and the third major Latin American nation to do so in just over a year, along with Mexico and Argentina.
In the Mexican case, decriminalization is national, but states regulate the appeal according to decisions taken by local parliaments. Argentina passed through Congress a law on abortion only by the woman’s will until the 14th week of pregnancy, which can be performed in public clinics and hospitals, free of charge. In the region, abortion is still allowed and legal in Cuba, Uruguay and Guyana.
The recent wave of decriminalization and legalization in Latin America clashes with the setback in parts of the United States, where projects to ban the practice are advancing in some circumstances, in places like Texas, Mississippi, and Arizona.
Meanwhile, Monday was full of celebrations next to the Constitutional Court building and at various locations in downtown Bogotá.
Although the decision is a step forward, it does not mean that, for the time being, there will be regulations and a law that guarantee free, free and safe abortion in public hospitals — as is already the case in Argentina, Uruguay, Guyana, Cuba and in some states of Mexico. This phase must be regulated and decided by Congress.
Until now, in Colombia, abortion was only allowed in three circumstances: rape, malformation of the fetus or risk of death of the mother. The procedure performed until the 24th week, only by the woman’s will, is no longer a crime.
It was also considered a crime for a hospital to fail to report an abortion that resulted in complications, leading the woman to seek medical help. Most of the clandestine cases registered —up to 70% of them— were discovered through complaints made by health personnel.
The Colombian Justice’s decision was based on a demand presented by the Just Cause movement, made up of 90 women’s organizations. The request was to completely eliminate the criminalization of abortion from the Penal Code, but the resolution only covers up to the 24th week of pregnancy.
From this second decision, a mixed style becomes valid, then. Until 24 weeks, it becomes free and legal. From that period onwards, in order for the procedure to be carried out, it must fit into the three circumstances described above and already authorized.
Currently, there are 346 women serving prison terms for clandestine abortions. They will be released.
In addition to the street party, there were also celebrations by politicians, such as the center-left mayor of Bogotá, Claudia López. “What an emotion it was to have lived to finally see this achievement for women in Colombia. After the right to vote, it is the most important for women’s life, autonomy and full and equal fulfillment,” she said.
Uribe Senator MarÃa del Rosario Guerra, from the right-wing Centro Democrático, stated that it is a “day of mourning for Colombia and for those Colombians who defend life and say ‘no’ to abortion. child in the womb until the 24th week gives us pain in the soul”.
The next step is now up to Congress — the Court’s decision spurs Parliament to adopt abortion regulations — and pressure from feminist groups now shifts to this instance.
The national government spoke out against the decision, through interventions carried out by the Ministries of Health, Education and Justice, asking the Court not to accept the demand of the feminist group and stating that this issue should only be dealt with by Congress.
“Society deserves to know why, in the event that the lives of animals are harmed, it is a crime, and in the case that injuries and death are caused to the lives of human beings, this is not a crime. It is unreasonable”, the Ministry of Justice said in a statement.
The Ministry of Health stated that it recognizes that the WHO (World Health Organization) and other international organizations recommend decriminalization, but that it considers that this would already be covered by the law of the three circumstances.
Despite recent advances, there are countries in the region where abortion is completely prohibited under all circumstances, such as El Salvador, Honduras, Dominican Republic, Jamaica, Suriname and Haiti.
