English

 SEXUAL AND REPRODUCTIVE RIGHTS

On this occasion, a husband requests the constitutional judge to order a Medical Institution to effectuate a procedure of interruption of the pregnancy of his wife, as well as the practice of a genetic and pathological test on the fetus, on the basis of a diagnosis of malformation and a series of complications during the pregnancy.  The Tribunal ordered the raising of a series of informs related to the observance of the Sentence C-355/06, referring to the events of decriminalization of the abortion, and proceeded to study: (i) the sexual and reproductive rights of women in cases of voluntary interruption of the pregnancy, (ii) the requirements needed to be fulfill in order for the health centers to practice the abortion and (iii) the relevance of the consent in minors aged less than 14 years. This Tribunal uttered a series of guidelines so women can have free access to exercise their right to interrupt voluntarily their pregnancy, always within the frame of the authorized scenarios to do so. The Court also fixed boundaries and the scope of the objection of consciousness right, about this topic was remarked that it can’t be exercised collectively and that can’t be effectuated by juridical persons. The Court granted the fundamental rights to human dignity, free development of personality and health in connection with the right to life. In this vein, this Corporation ordered the Ministry of Social Protection, Ministry of Education, The Procuraduría General de la Nación, and the Ombudsman Office to design and start up massive campaigns of promotion of the sexual and reproductive rights of women, and the Superintendence of Health to adopt a series of measures routed to grant ensure that the health centers and medical institutions have a suitable staff to attend the service of voluntary interruption of the pregnancy.