Aborto En Colombia Legal O Ilegal

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  • Sep 27, 2022
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Aborto En Colombia Legal O Ilegal

Until now, the right to abortion existed in Colombia for three reasons – rape, malformation of the fetus incompatible with life or risk to the physical or mental health of the woman – which was approved in 2006, with the crime in case of termination of pregnancy outside these cases. But in practice, the possibility of a conviction has limited access to safe and legal abortion. Especially among the most vulnerable women. The fear of being denounced has separated thousands of women from legal clinics during these 15± years and has even found its way into cases. Most of the lawsuits about the abortion crime came from the health system itself — between 59 and 70 percent of the complaints came from health workers — which always sent a message labeled like «Don`t Come,» says Mariana Ardila, a lawyer at Women`s Link, one of the organizations that make up Just Cause. The abortion rate in a country does not depend on its legalization, but on other conditions such as the availability of contraceptives (which should be the responsibility of the state as the main guarantor of rights), access to adequate sex education for the entire population and the elimination of power differences between men and women. Is it true that if abortion is legalized in Colombia, the number of abortions will increase indiscriminately? Today, as it was 15 ± years ago, it is the justice system that has responded to the feminist movement`s struggle to put abortion rights on the country`s agenda. «Women win,» the plaintiffs said after announcing the decision. Successive Colombian governments have never fully embraced an issue that they do not consider a priority and that is not beneficial to them because of the controversy it generates in the streets. Colombia is a secular but deeply religious state. A 2017 survey found that 97% of citizens believe in God. The various Churches, especially Catholic and Evangelical©, still have enormous power over the faithful and push them into a global struggle against abortion. In the demonstrations of these months against decriminalization, it has not been particularly ± or groups praying the Rosary.

In Colombia, the Penal Code considers abortion legal in three specific cases: rape or incest, fetal malformation that makes one`s life unprofitable, or when the continuation of the pregnancy constitutes a threat to the life or health of the woman, confirmed by a doctor. But anyone who performs an abortion – or performs it – outside of these three scenarios commits a crime. One such request was filed by the Movement for a Just Cause, which advocates for the abolition of the crime of abortion in the Colombian Penal Code and claims to be composed of more than 90 organizations and more than 150 key actors. According to the plaintiff, who does not agree with the decriminalization of abortion, this practice violates the «dignity, psychological and physical integrity» of women who voluntarily abort, and also endangers «the conscience and mental health of doctors who perform the procedure» with the permission of states. The Constitutional Court declares the criminalization of consensual abortion enforceable, in the sense that the crime is not configured if the behavior is performed before the 24th week of pregnancy, and without subjecting this limit if the reasons set out in the C-355 judgment of 2006 are set out. Legal procedures for abortion are safe and effective. If they are carried out in the right way in a responsible and high-quality institution such as Profamilia, the woman will keep her reproductive organs in perfect condition. Both trials, which are being considered by the Supreme Court, call for the decriminalization of abortion in all its forms. Induced abortion or voluntary termination of pregnancy is legalized in many countries around the world and can be performed during a certain period of pregnancy.

In others, its causes are limited and in other countries, the voluntary termination of pregnancy by decision of the woman is illegal and punishable. Yes. Any woman, regardless of age, can turn to the health system and make her right to abortion effective without being disabled, provided that her case corresponds to one of the three legal circumstances. Minors under the age of 14± must be accompanied by ± responsible adult. Movements against the voluntary termination of pregnancy believe that it should not be practiced for religious, ethical and moral reasons, and defend the life of the embryo, for which they call themselves pro-life groups. These groups advocate a total or partial ban on abortion and its criminal sanction. [22] [23] Does abortion cause mental disorders in women who© resort to it? According to the Justa case, by ruling in favor of abolishing abortion as a crime, the court would gain recognition of the «freedom and autonomy of women to decide on their bodies and their life plans, fundamental characteristics of full citizenship.» The crime that has been included in the Penal Code to date – and this will continue for those who abort outside the specified period, taking into account the three causes – has indicated two directions: the woman and the executor of the abortion will, which has led to a general refusal among health professionals to interrupt the practice. ±Between 2006 and 2019, more than 5,700 women were brought to justice. The plaintiffs have argued during these months that the crime does not protect life in any way.

Nor does it stop abortions. What criminalization accomplishes is removing women from the health care system so that they can seek out more©illegal clinics that put their lives at risk. Now, it will only be a crime after©the 24th week, as long as it does not match the causes. Law No. 21.030, which was adopted on the 14th. Announced in September 2017 by regulating the decriminalization of voluntary abortion for three reasons, it amended, among other things, the Health Act, replaced its article 119 and adopted articles 119 to, 119 ter and 119 trimester. In this context, the Conscientious Objection Ordinance is approved by Decree No. 67 of 2018, in accordance with the provisions of Article 119 ter of the above-mentioned Code. It is common ground that a surgeon who is required to terminate the pregnancy for one of the reasons described in Article 119(1) of the same legal person may refrain from carrying out the pregnancy if he has expressed his conscientious objection in writing and in advance to the director of the health institution. Similarly, the same command guarantees the rest of the health workers responsible for carrying out their duties in the surgical pavilion during the procedure just described. Finally, this legal norm stipulates that an institution may invoke conscientious objection. Notwithstanding the above, the Office of the Auditor of the Republic, in its Opinion No.

11.781 of 2018, stressed that some health facilities cannot be conscientious objectors, including private health institutions that envisage obstetric and gynecological services, which by their nature include care in the pavilion and have signed agreements that comply with the provisions of the decree with Law No. 36 be subject to. from 1980 of the Ministry of Health.

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