Decriminalization of Abortion in Colombia: End of a Battle?

“This decision puts Colombia at the forefront in all of Latin America. It’s historic.” With these words from Mariana Ardila, a Colombian lawyer at Women’s Link Worldwide (an organization that promotes the right to abortion), the decriminalization of abortion up to the 24th week of gestation was experienced with joy in various sectors of Colombia. The decision that had been delayed for months due to various obstacles ended up being possible through the approval of five votes against four in the Constitutional Court.

For the feminist movements this is a great victory, since abortion in the nation was punishable by up to 54 months in prison, although as of 2006 it began to be considered legal under three circumstances: if the fetus presents malformations, due to rape or incest, and when the woman’s health is at risk. That is why the Court’s ruling has become a new milestone for progressive Latin America.

It is important to point out that the decriminalization of abortion in Colombia is partial, so its practice after 24 weeks remains illegal unless one of the three causes mentioned is presented. But this is not a decision unrelated to a feminist wave throughout the region. Recently, the Supreme Court of Justice of Mexico and the Senate of Argentina had also made progress in legalizing and regulating the voluntary interruption of pregnancy. In other words, three of the four most populous countries in Latin America have opened the door to broader access to abortion.

Also read: Abortion depenalized in Colombia. How will this impact public health?

Likewise, the Constitutional Court of Colombia urged Congress and the Executive Power to that they design and implement a “comprehensive public policy” in this regard. In fact, they detailed in a statement that said the policy must include -among many others- “the existence of instruments for the prevention of pregnancy and planning, the development of education programs in sexual and reproductive education for all people, and measures that guarantee the rights of those born in circumstances of pregnant women who wished to abort”.

A new milestone for the Constitutional Court

Without a doubt, this measure is part of a radical cultural change in Latin America, a region historically known for its faith in Catholicism and social conservatism.

At this point, it is necessary to highlight what the Constitutional Court in Colombia has done to date. This institution has a long history of legislating on issues that Congress has preferred to omit or ignore. Court decisions have approved many progressive changes, such as the legalization of same-sex marriage, euthanasia, preventing indefinite re-election, and setting specific guidelines to guarantee women’s rights to health, education, and politics.

Even part of its strategy focused on demanding the crime of early termination of pregnancy, knowing that it would not be feasible to propose a new scheme of laws which had to pass through Congress, an entity that has been deeply influenced by conservative sectors and traditional. From there, then, arises the advantage that the debate took place in civil society, where the majority approves free abortion according to multiple polls.

The voices behind the rejection

As expected, the reactions towards decriminalization of abortion also had their share of rejection, mainly from the Catholic Church and conservative political sectors. Precisely, former President Andrés Pastrana (Conservative Party) was one of those who raised his voice the most and even proposed calling a referendum with the intention of overturning the decision of the Constitutional Court.

“I believe that we Colombians have to have different mechanisms and this is a proposal for this or the next government. It doesn’t matter, but let the Colombians vote and not four or five magistrates make the decisions. […] A referendum must be called to stop this madness,” said Pastrana, who also added that this practice is committing “infanticide.”

In turn, other political figures who also proposed a referendum as a measure were former senator Omar Yepes Alzate and the representative to the Chamber for Bogotá Juan Manuel Daza. However, and as some academics affirm, the referendums are being instrumentalized by political leaders to achieve their own objectives, especially by congressmen or candidates for the presidency. The detail is that the political history of the country indicates that these measures almost never prosper, as happened in 2009 to authorize the second re-election of former President Álvaro Uribe, which was declared unconstitutional by the Constitutional Court.

In short, these types of tools should come from the citizenry and not from the political class, since in the end, the people should have the last word. Given the new initiative promoted by the Constitutional Court, which looks as definitive as what has been seen in Mexico and Argentina, the only thing left to do is keep waiting for it to advance and take on a new level because, in the end, the main thing is to continue the fight for the rights of the woman.

Durante las próximas elecciones legislativas no solo está en juego la composición del Congreso de la República, sino también de la Corte Constitucional, pues seis de nueve magistrados serán elegidos en el cuatrienio que inicia el 20 de Julio. pic.twitter.com/yObO4fonLJ

— Colombia Risk Analysis (@ColombiaRisk) February 15, 2022

Likewise, politicians have also been heard in the past in proposing a Constituent Assembly or a judicial reform that affects the confirmation of the high courts. All these measures should be taken with a grain of salt since it could be a new center of the battle for abortion and many other social struggles.