C-088/20
Criminalization of abortion
Constitutionality review as per a citizen request (Natalia Bernal Cano) of Act 599 Of 2000
Date: 03/02/2019
Judge-Rapporteur: Antonio José Lizarazo Ocampo
Concurrence: Carlos Libardo Bernal Pulido. Luis Guillermo Guerrero Pérez. Antonio José Lizarazo Ocampo. Cristina Pardo Schlesinger
Dissent: Alejandro Linares Cantillo. José Fernando Reyes Cuartas. Alberto Rojas Ríos
The reviewed provisions. Article 122 of Law 599 of 2000 by which the Criminal Code is issued. This article sets abortion as a criminal offense.
The plaintiff´s arguments. The plaintiff asserted that the questioned provision conflicts with several articles of the Constitution where fundamental principles of the rule of law such as the rights to life, family, equality of women before men, children rights, and others, as well the Convention on the Elimination of all forms of discrimination against Women, the American Convention on Human Rights, the International Convention on the Rights of Persons with Disabilities, the Convention against Torture and other Cruel, Inhuman or Degrading Treatments, among other international instruments.
Issue: Does criminalizing abortion violate the fundamental constitutional principle of the rule of law?
Ruling and reasoning. The Court refrained from deciding on the merits, due to the absence of clarity, certainty, specificity, relevance, and sufficiency in the charges.
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