Colombia's Highest Court Decriminalized Abortion

The Colombian Constitucional Court made history on February 21 by decriminalizing abortion until the 24th week of pregnancy.

This is a huge advance for Colombian women’s reproductive rights and an achievement made possible by activists. In October 2020, the Causa Justa movement, which was formed by several pro-choice Colombian organizations, presented a 153-page demand to the Constitucional Court; the demand opposed the inclusion of abortion in the Colombian Criminal Code. A survey conducted in 2017 showed that 61% of the Colombian population supported the movement, and that they also opposed imprisonment as a punishment for having an abortion.

Since 2006, abortion has been allowed in Colombia under three circumstances: in the case of rape or incest, in the case that the woman’s life or health is at risk, and if the fetal life is incompatible with extrauterine life. Yet, between 2006 and 2019, more than 5,700 women had to face punishment for having an abortion, even when it was sought under one or more of these three circumstances. According to Women’s Link Worldwide, dozens of recent prosecutions for illegal abortions have been against girls under 14 years old, and 30% of women prosecuted for having abortions were victims of sexual crimes. What’s more, almost all of the Colombians who have been prosecuted for the crime of abortion in recent years have been impoverished, vulnerable women, 97% of whom lived in rural areas.

Legal abortions have also been difficult to obtain in Colombia because many health care professionals are afraid to perform the procedure, even in legal cases, for fear of being prosecuted or due to moral reasons (which the Causa Justa movement referred to in their document). This forced many people to seek abortions elsewhere, which, according to the “Embarazo no deseado y aborto inducido en Colombia” study, resulted in health complications in 32% of those cases.

The Colombian Constitutional Court’s ruling not only means that many people will be able to safely obtain an abortion but, for the Causa Justa movement, also marks an important win in their fight to reduce the prejudices and stigmas suffered by women who decide to have an abortion. What’s more, the judges also recommended that Congress and the government formulate public measures guaranteeing the right of safe abortion and implement them in the shortest possible time.

Colombia now joins other Latin American countries, such as Cuba, Uruguay, Mexico, and Argentina, in advancing women’s reproductive rights. Yet, abortion is still illegal under all circumstances in nearby countries such as El Salvador and Honduras. Brazilian president Jair Bolsonaro criticized the Colombian Constitutional Court decision, saying that he “will fight to protect Brazilian children’s lives.” Nevertheless, the green wave continues to spread hope in the region and hopefully will soon influence reproductive rights for all women in Latin America.