In 2022, the United States Supreme Court and Colombia’s Constitutional Court both handed out 5-4 decisions heading the opposite way on the issue of abortion. Historically, Latin American countries have been very strict on abortion. The Latin American populace is known to be of devout religious faith and to hold culturally conservative values. However, in 2022, Colombia joined a growing trend in Latin America when the country’s Constitutional Court ruled that the criminalization of abortion under twenty-four weeks is unconstitutional. In 2006, the Constitutional Court upheld the criminalization of abortion. However, the Court at that time carved out exceptions when: 1) there is a threat to the mother’s life; 2) the fetus is non-viable; or 3) the pregnancy is the result of rape. These exceptions continue to apply in Colombia for pregnancies that are terminated after twenty-four weeks.
This post was originally published on the Cardozo International & Comparative Law Review on October 2, 2022. The original post can be accessed via the Archived Link button above.
Libo, Ethan, "Backslide: A Comparison of the United States and Colombia’s Recent Rulings on Abortions" (2022). CICLR Online. 51.