On June 10, 2021, Colombia’s highest court, the Constitutional Court, voted to decriminalize abortion in certain circumstances, a historic decision that offers a new ray of hope for women in the conservative Catholic country. The decision by the court puts an end to more than a decade of stringent laws criminalizing abortion, allowing it to be performed in as many as 14 instances. Women’s rights campaigners have been fighting for full legal abortion for years, but the court’s decision was a major victory in terms of protecting women in Colombia.
Background to the Decision
For more than a decade, abortion was only allowed in Colombia under the most extreme circumstances, such as when the life of the mother was in danger, in cases of rape, or if the fetus had severe malformations. Women seeking safe abortions outside of these legal restrictions risked long prison sentences, and sometimes even death. As a result, abortions were frequent, but unregulated and unsafe, leading to approximately one million a year, according to a recent study by Colombia’s National University.
Women’s rights activists have long been calling for the decriminalization of abortion and access to safe, legal services. Last year, the government attempted to pass a bill that would have allowed abortion in the 14 scenarios, however, it was defeated by the court.
The Court’s Decision
Given the urgency of the issue and the desperate need to protect the lives of women in Colombia, the court took the decision to decriminalize abortion in 14 different scenarios. Amongst them were cases of rape, incest, fatal fetal malformation, and risk to the life and health of the mother. In effect, the ruling puts an end to the draconian anti-abortion laws that were in place before.
The court’s ruling came amidst a wave of enthusiasm, with pro-choice demonstrators cheering the controversial ruling outside the court building in the nation’s capital, Bogota. The ruling was met with backlash from anti-abortion activists and the country’s powerful Catholic church.
Reactions to the Decision
Reactions to the historic ruling were mostly positive and supportive, with women’s rights activists rejoicing and citing it as a long-overdue victory for women in Colombia. The Constitutional Court’s decision was seen as a landmark victory for women’s rights activists in the country, who had been fighting for full legal access to abortion for years.
The decision was also widely applauded by international bodies, including the United Nations Population Fund (UNFPA) and the Center for Reproductive Rights (CRR).
Abortion Rights Activists Say More Needs to be Done
Despite the cheering and applause that greeted the court’s decision, Latin America’s biggest abortion rights activists are warning that the ruling presents a new opportunity but also brings new obligations. Activists are now calling on the Colombian government to ensure that access to safe and legal abortions is available in all of the court’s 14 scenarios – not only in theory, but also in practice.
The fight to ensure the court’s decision is implemented must now be fought by governments across Colombia, activists say. To that end, they are calling on the government to adopt public policies that guarantee access to safe, legal abortion in all of the court’s 14 scenarios.
The recently enacted Constitutional Court decision to decriminalize abortion in 14 scenarios is a major victory for women’s rights activists in Colombia. It marks the end to more than a decade of stringent laws criminalizing abortion. However, the fight is not over: activists are now calling on the Colombian government to make sure that the court’s decision is implemented in practice. Governments across Colombia must now take the lead in adopting public policies that guarantee access to safe and legal abortions in all of the court’s 14 scenarios.
