Punishment is the product where offenders see the fault during the the behavior and you can modify the reference to community

This new Constitutional Legal along with recognized people because subjects of the correct to help you dignity, free development of identity, and you can reproductive flexibility, reminding lawmakers:

We can not overlook the simple fact that women are totally worthy peoples beings and ought to feel managed as a result, rather than are considered simple reproductive devices on people competition or being pressed often times, against their often, to help you act as gadgets out of procreation … The authority to be a mother or father-otherwise, put differently, the right to choose for maternity because an excellent “existence selection”-try a choice of your maximum confidentiality for every single lady.

Brand new courtroom together with accepted the ability to health, setting up that expectant mothers and you may female feel the to access abortion whenever their maternity poses a danger on the lifestyle otherwise wellness, the second where should be knew broadly to include both both mental and physical wellness.

Centered on Colombia’s penal password, “Discipline need conform to the goals away from general prevention, merely retribution, special avoidance, and you may social reintegration.” This basically means, by classifying certain make while the a criminal activity and by applying discipline consequently, the penal code is help prevent eg serves of going on, fix so far as you’ll the destruction completed to society, and “seriously influence the near future conclusion away from perpetrators of your own offense”-which is, it has to upload a contact so you can criminals, that prevent them away from committing dating TenderMeets the latest offense once again.

Statutes that discipline abortion are responsible for placing expectant mothers within chance on the fetus rather than acknowledging you to definitely “brand new operate out of conception as well as [good female’s] desire for it doesn’t imply an objective and much quicker an interest in pregnancy

When we deal with that it since the goal of punishment, we are able to observe that classifying abortion as the a criminal activity was useless into the total amount one to:

Nonetheless, the country’s sturdy jurisprudence and good-sized coverage and you can regulatory framework accepting sexual and you can reproductive liberties failed to ensure that accessibility abortion services is actually enough, equal, and without barriers

a) this is not a cautionary level, because cannot stop females out of getting abortions, although it should be good at advising women who committing an effective offense is not only bad alone in addition to sells an effective penalty;

b) it is not a way of measuring simply retribution, just like the criminalization violates women’s standard legal rights because enshrined regarding structure; and you may

c) it does not bring ladies reintegration on society, because when a woman accesses a keen abortion, that’s recognized as a fundamental inside experience of other legal rights, she actually is none switching the fresh new societal purchase neither cracking any laws out of civic coexistence, other than and that notices maternity just like the merely valid style of womanliness so when women’s fate (that your courtroom rejected).

In this way, brand new classification off abortion as the a crime embodies a utilitarian strategy so you’re able to punishment instead achieving the mission away from imparting justice whenever you are starting dangerous consequences. Plus it becomes a hack to have handling women’s reproduction. Depending on the books, it design fails to know ladies versatility and you may ethical independence, getting, of the many liberties, ladies’ freedom is the one very intimately connected to the bodily system and to reproduction. ” The problem is one of women’s moral self-reliance insofar because she is certainly one just who determines the continuing future of the fresh fetus, particularly whether it’s “doomed of the expectant mother produced.”

Colombia’s improvements in making sure conformity to the foundation in depth within its abortion legislation-and its particular development of abortion-relevant jurisprudence of the Constitutional Courtroom-has been high versus other countries when you look at the Latin America.