By Karen Delgado
The streets are dressed in green after almost two years since activists and organizations consolidated in the Causa Justa and Mesa por la Vida collectives filed the demand for the elimination of the crime of abortion in the penal code, with more than 90 arguments in favor of decriminalization and multiple protests backed by hundreds of women. On February 21, 2022, the Constitutional Court ruled with five votes in favor and four against for the decriminalization of abortion until week 24. The debate was extensive and complex, until finally the court did the minimum to fail_cc781905-5cde -3194-bb3b-136bad5cf58d_ by and for women.
A decision like the one made in court is gratifying to the extent that it does not condemn women to die in hiding, nor the collectives for providing the support and guarantees that the State does not provide, and claims the right to decide over our bodies under the principle of autonomy. Undoubtedly, the historic ruling is an advance both locally and for Latin America in terms of autonomy, freedom and desired maternity, since it is the first country that covers this number of weeks. Many sectors questioned the extent of the ruling, without understanding the difference between pregnant bodies and how pregnancies can be carried out.
There are multiple factors that make it impossible to detect a pregnancy during its first months. For example: pregnant people with irregular menstruation, polycystic ovaries and other menstrual disorders; methods of contraception that have failed but are assumed to be working; the absence of pregnancy symptoms and other conditions do not allow to be aware of the pregnancy even after 14 weeks. This is why the ruling is so important in terms of timing: 24 weeks gives pregnant people a better time to access all the information tools, allows many to access health services that are centralized and guarantees them a process that does not put their lives at risk. The 24 weeks provide guarantees to the process of voluntary termination of pregnancy.
For a feminist Colombia: historic ruling decriminalizes abortion until week 24
However, the fight continues, since abortion must be completely and not partially removed from the penal code. Aborting cannot be a crime and no woman should be condemned for her right to decide and under no circumstances should she exercise responsibility for unwanted maternity. This introduces us to another series of even more extensive and equally relevant debates regarding the health system, the government provision and the progressive advance of a law that thinks of women.
The court obliges the national government to immediately comply with the promotion of a comprehensive public policy that protects the rights of pregnant women, clear disclosure of the available options during and after pregnancy, eliminate obstacles to access sexual and reproductive rights, the democratization of sexual education, comprehensive accompaniment according to the option that has been decided and the guarantee of rights of those born in circumstances of pregnant women who wished to abort. The real and concrete information of the IVE process is a fundamental right that the State must now take charge of, both the guarantees for pregnancy and its voluntary interruption must be equally effective.
The dilemma of what to do with a State that criminalizes women who abort, that condemns them to secrecy and that ultimately does not reach everyone was complex In all parts of the country, the decriminalization of abortion must go hand in hand with full coverage and a budget in public health policy, which opens the discussion again. The materiality of abortion as a public health service is a struggle that still needs to be fought and for this it is necessary to continue exerting pressure both on the high courts and on government entities. The health system must be rethought to make it accessible and more so for a procedure that does not wait, such as the voluntary interruption of pregnancy. It not only implies solving coverage and budget problems but also accompaniment. Requesting an abortion from the comfort of centrality is what has kept us in ignorance and allows us to ignore the reality of rurality and territories.
Although decriminalization ends with an oppressive burden for women, that is not where the debates and gender slogans end. This failure should serve as gasoline to ignite engines of new claims. Much remains to be done to guarantee abortion as a right, but it continues to be one of the best advances in terms of gender in the country. My full support, solidarity and backing to all those who made this possible, to the slogans that are unleashed from this new panorama in terms of gender and to their commitment to just causes. Thanks to this act, the ability to decide on the bodies comes out of criminality, lives were taken from the clandestine, and the commitment of the country's women is highlighted. Overcoming sexist violence is everyone's job. Every day the strength with which we make ourselves feel is greater because the fight continues until Colombia is a safe place for all.
February 23, 2022
