The newest Constitutional Court along with acknowledged female since victims of your proper to dignity, free growth of character, and you may reproductive freedom, reminding lawmakers:
We can not ignore the fact that women can be fully worthwhile human beings and must getting managed as such, unlike becoming deemed mere reproductive instruments to your peoples battle or becoming pushed every so often, up against their have a tendency to, to help you serve as systems away from procreation … The authority to end up being a mother or father-otherwise, in other words, the legal right to opt for maternity since the a “lifestyle selection”-is actually a decision of your utmost confidentiality for every single lady.
The new court as well as approved the right to fitness, setting up you to definitely expectant mothers and people have the right to supply abortion whenever their maternity poses a threat on the existence or wellness, aforementioned where should be know generally to incorporate each other physical and mental fitness.
Centered on Colombia’s penal code, “Punishment need to follow the goals out of standard cures, merely retribution, special protection, and you will personal reintegration.” This means that, of the classifying certain run since a crime and by applying punishment properly, the latest penal password would be to help prevent such as serves regarding taking place, resolve as much as possible the damage completed to people, and you can “positively influence the long term conclusion from perpetrators of your own crime”-that is, it should send a message so you’re able to crooks, that avoid them out-of committing the fresh crime again.
Rules you to penalize abortion are responsible for place expecting mothers at chances towards the fetus unlike recognizing one to “the new work off conception and also [a great woman’s] fascination with it generally does not mean an objective and far faster a desire for pregnancy
Whenever we deal with this as goal of abuse, we are able to note that classifying abortion due to the fact a criminal activity is actually inadequate on extent one:
Nevertheless, the nation’s sturdy jurisprudence and you may substantial rules and you will regulatory structure recognizing intimate and you may reproductive liberties have failed in order that entry to abortion qualities is sufficient, equal, and you may without traps
a) this is simply not a cautionary level, since it cannot avoid females away from delivering abortions, although it is going to be good at informing women that committing a good offense is not just bad alone and in addition offers a penalty;
b) it is not a way of measuring simply retribution, since criminalization violates ladies standard liberties because the enshrined regarding structure; and you can
c) it generally does not provide women’s reintegration on people, because when a female accesses an abortion, that is recognized as an elementary inside exposure to other liberties, this woman is neither switching the fresh social purchase nor breaking any legislation out-of civic coexistence, apart from which notices maternity since the merely legitimate form of womanliness and as women’s destiny (that courtroom denied).
Along these lines, the latest class away from abortion given that a criminal activity symbolizes good practical strategy to help you punishment without attaining the goal off imparting fairness while carrying out dangerous consequences. And it will get a tool to possess controlling ladies reproduction. According to the literary works, that it design doesn’t know women’s liberty and you may moral liberty, to have, of all liberties, ladies’ freedom is just one very sexually attached to the physical looks and also to reproduction. ” The issue is certainly one of ladies’ ethical liberty insofar since she darmowe sЕ‚odka mamuЕ›ka serwisy randkowe is one whom determines the future of brand new fetus, namely whether it is “destined from the mom-to-be created.”
Colombia’s progress in the making certain conformity to your grounds outlined in its abortion laws-and its growth of abortion-related jurisprudence because of the Constitutional Legal-could have been significant compared to the various countries during the Latin America.
