Summary

Summary

On February 21, 2022, the Constitutional Court of Colombia issued a landmark ruling decriminalizing abortion up to 24 weeks of gestation.

The decision was in response to a lawsuit filed September 16, 2020, by the Causa Justa (Just Cause) movement, which works to improve abortion access in Colombia. The Center for Reproductive Rights is a member of the movement.

Before this case, abortion in Colombia was a crime with only narrow exceptions. The ruling is a huge step forward, helping women and girls access legal, safe, and timely abortion care, especially those living in rural areas.

Background

Background

Before 2006, Colombia had one of the strictest abortion laws in the world—classifying all abortion as a crime, with no exceptions. In 2006, the Colombian Constitutional Court ruled that abortion would be allowed only in cases of rape or incest, non-viable fetal diagnosis, or risks to the pregnant person’s health or life.

While the 2006 ruling was an improvement, classifying abortion as a crime continued to stigmatize the practice. And the obstacles still in place kept many Colombian women from accessing safe abortion services,even when they qualified under the exceptions.

That meant most women who needed abortions had to rely on clandestine ones that threatened their health, lives and dignity.

About the case

About the case

The lawsuit asked Colombia’s Constitutional Court to eliminate abortion as a crime, and to instead regulate it as health care.

It argued that criminalizing abortion is inefficient, violates the rights of women and health care workers, and unfairly persecutes vulnerable women.

Rather than using criminal law, the lawsuit proposed, the government should improve its health policies and sexual education programs. This would better prevent unsafe abortions and unwanted pregnancies.

The case argued that Colombia’s abortion ban was unconstitutional, violating:

• The right to abortion granted in 2006, by stigmatizing the practice, keeping people from accessing care—even those who would have qualified under the exceptions.
• The constitutional right to health, by encouraging unsafe abortion.
• Health care workers’ freedom of profession, by forcing them to risk prosecution for providing abortions.
• The right to equality of migrant women, who face additional barriers to care because of their migratory status and their higher risk of experiencing sexual violence.
• The right to freedom of conscience, by forcing women to comply with beliefs they may not agree with. It also violated the principle of the secular state by imposing moral and religious restrictions.
• Several constitutional principles of criminal law.

The case cited evidence to show that criminalizing abortion does little to prevent abortions or protect women’s health, and that decriminalization can help reduce both the total number of abortions and deaths from unsafe abortions.

The lawsuit also pointed out the worldwide trend towards abortion decriminalization and recent actions by global constitutional courts to advance safe abortion access.

Since the Colombian Congress failed to protect the right to abortion even in the few cases where it was allowed, the lawsuit argued, the Constitutional Court must step up in support of women’s rights.

About the ruling

About the ruling

In a 5-4 ruling, the Court decriminalized abortion until 24 weeks of pregnancy. After 24 weeks, abortions remain available to people who qualify under the exceptions for rape and incest, fetal nonviability, or health, including mental health.

In its decision, the Court accepted that the right to health—and, through it, reproductive rights—had been violated. It affirmed that criminalization:

• Creates barriers to safe abortion.
• Violates the right to equality of women, girls, and adolescents, especially migrant women.
• Does not effectively prevent abortions from occurring.
• Does not respect the principle of minimum use of criminal law—going against the Colombian Constitution.

The ruling went into effect immediately.

Next steps

Next steps

Though the Court ruled to decriminalize abortion up to 24 weeks, the fight isn’t over. More action must be taken to remove the crime of abortion from Colombia’s penal code entirely and to make sure women and health care providers are no longer prosecuted for it.

The Center will continue to work as part of the Causa Justa Movement to make this decision a reality—including by:

• Advocating for the Ministry of Health to provide regulations that improve abortion access throughout Colombia.
• Reducing stigma through advocacy and communications campaigns.

About Causa Justa

About Causa Justa

Causa Justa is a movement in Colombia fighting for the reproductive freedom and autonomy of all women.

It includes 90 civil society organizations and more than 150 activists throughout the country, including feminist and grassroots organizations, international organizations, research centers, healthcare providers, scholars, and experts, among others.

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