On Monday 21 February, Colombia's constitutional court decided to decriminalise abortion within the first 24 weeks of gestation in what has been lauded as a landmark decision. This is a transformational shift for the majority-Catholic country, where strong conservative values run deep. 

Colombia's constitutional court ruled five against four in favour of the legalisation of elective abortions, following in the steps of Latin American countries such as Mexico and Argentina,  where abortion restrictions were reduced in late 2020. Pro-choice campaigners welcomed the ruling as a historic achievement. This is another step in the green wave movement that has gained momentum across Latin America since the legalisation of abortion in Argentina. Human rights organisations such as Amnesty International have praised the ruling but have noted that it did not go far enough, as abortion is only legalised until 24 weeks into a pregnancy.

CRIMINALISATION AND HUMAN RIGHTS

15 years prior to this landmark ruling, abortions in Colombia were only allowed in cases of rape, when a woman's life was at risk, and in instances where the pregnancy was not viable under law. Due to these restrictions, many women have historically sought clandestine abortions, which come with high risks of severe bleeding, infections, and death. According to Colombia’s Health Ministry, unsafe abortions in Colombia equate to 70 deaths a year, which demonstrates why the new changes to the law are vital for the very existence and wellbeing of women and girls in the country. Given this reality, protestors in favour of decriminalisation took to the streets in green, a colour chosen by pro-choice activists, to show their solidarity in downtown Bogotá, Colombia's capital, when the decision was released. 

It is worth noting that before the new ruling the country’s penal code imposed criminal sentences that ranged from 16 to 54 months on women who sought to interrupt their pregnancies outside of the three codified stipulations. These restrictions have greatly affected the women of Colombia, who have been denied their human right to abortion, contrary to international human rights law principles, which outline that the denial of abortions serves as a form of gender discrimination and is a violation of the human right to equality, life, and liberty. As such, these new laws may be viewed as a step towards the universality of human rights for women and girls in Colombia.

RIPPLE EFFECT OF THE RULING 

In addition to championing human rights, the ruling aids in pressuring other anti-abortion Latin American countries such as El Salvador, Honduras, Suriname, and Nicaragua to reconsider their strong stances. There has been particular concern about anti-abortion sentiments in El Salvador, where the termination of a pregnancy can result in an eight-year jail sentence, and where judges are known for finding women that have undergone abortion liable for aggravated homicide, which can hold a maximum sentence of up to 50 years. Pro-choice activists hope the ruling in Colombia influences and leads to mass mobilisation in contexts such as El Salvador. 

THE MISSION CONTINUES

Although this progress is vital, there is still a lot to be realised as far as abortion rights. Despite Colombia’s landmark ruling, women that undergo abortions outside of the first 24 weeks of gestation may face up to three years in jail under Colombian law. While jail sentences are rare, abortion-rights activists claim that such impositions create an atmosphere of fear and worry, thereby limiting women’s choices. In actuality, no one should be criminalised for accessing abortion; it is a healthcare right. Thus, it is vital for activist groups in Colombia to keep pushing for full access to safe and legal abortions with no ramifications, so that women have can have the full autonomy to which they are entitled.

Joy is a recent graduate in Biological Sciences. She is now an aspiring personal injury Barrister. She aspires to work with international organisations on medical laws affecting women and young girls helping them to live better lives.
Linkedin