The Constitutional Court has just made a historic decision: the decriminalization of abortion. Until now it was allowed in Colombia under three grounds: when there is a physical and mental health risk for the woman, due to malformation of the fetus or in cases where the pregnancy is the product of rape.
The decision was not easy, as there were conflicting legal and ideological positions, challenges against regular magistrates and appointed ‘ad hoc’ for the discussion, two presentations and dozens of postponements. Finally a close decision was made.
In favor of the voluntary interruption of abortion were five votes, those of the magistrates Alberto Rojas, Antonio J. Lizarazo, José Fernando Reyes, Diana Fajardo and Julio Andrés Ossa (co-judge). Against, paradoxically, women voted mostly: Cristina Pardo, Jorge E. Ibáñez, Paola Meneses and Gloria Ortiz.
The National Academy of Medicine (ANM), a consulting and advisory body to the Government, spoke on the subject. The entity agrees with the Court that the voluntary interruption of pregnancy should not be penalized, but says that the maximum term should not be 24 weeks (as approved by the Court), but 14 weeks of gestation.
“This is the week before the fetus develops. After the 14th week, up to the 24th, the fetus is already formed. Another thing is that it is not viable outside the mother’s womb. But it is a living being, it is a life within another life. The difference is in the time in which it should be considered an abortion”, explained Germán Gamarra, president of the organization, in dialogue with WEEK.
Likewise, he highlighted that In this case, the ANM was not consulted, so it issued some recommendations. What’s moreestablished some guidelines to guide physicians who agree with the Court’s mandate.
“The ANM recommends developing Public Health policies that favor the prevention of unwanted pregnancies, through sexual education programs, easy access and availability of contraceptive methods. The Health System must have preferential care routes that include preconception consultation, family planning, early prenatal care and information on the woman’s right to voluntary interruption of pregnancy, as provided in the Court’s Judgments,” Gamarra said. .
“It must also provide psychological counseling before and after the interruption of pregnancy, as well as information about the existence of alternatives that offer the possibility of preserving the pregnancy. and assume the upbringing or give the newborn up for adoption,” he added.
It was also emphasized that there must be informed consent in cases where the woman wants to carry out the procedure, along with information on everything related to the procedure to be performed and the risks inherent to it.
And also You should be warned about the possibility of freely revoking your consent at any time. “Guidance and advice should not impose values or beliefs, judge or try to convince the surrogate mother to tilt her decision in one direction or another,” he stressed.
“When it comes to the voluntary interruption of pregnancy of minors under 14 years of age or people with diminished mental capacity, it will be necessary, in addition to the expression of their will, the express consent of their legal representatives,” the entity said in a statement.
Regarding conscientious objection, the president of the ANM was clear that it must be respected if the act interferes with the values of the person, since “this autonomy will be exercised within the framework of self-regulation schemes, ethics, rationality and scientific evidence”.
He also announced that they will work on a document to be taken as a basis and widely discussed in the Congress of the Republic in the next legislature, which allows abortion to be decriminalized “within a framework of respect for human life and the rights and duties of the different actors involved in this momentous decision.”