Writ of injunction (tutela) aimed at the protection of women’s reproductive and health rights as well as children’s rights to health, dignity, personal integrity and free development of their personality; Undue delay in providing for an abortion permitted by the law; Recognition of women’s right to privacy and anonymity as well as reaffirmation of women’s right to abortion as a reproductive right (both in terms of autonomy and access to health services).
Although the harm the injunction aimed at avoiding had already taken place, the Constitutional Court decided to give its opinion with regard to the relevant rights’ violations in order to prevent future violations (T-209/2008 and T-946-2008). The Court also established a timeline for the implementation of each of its resolutions in order to promote enforcement. Actual outcomes are still to be assessed. Last updated: May 2012
According to the NGO that supported the case, La Mesa por la Vida y la Salud de las Mujeres, “the Constitutional Court’s ruling is an advancement in the recognition of reproductive and sexual rights of Colombian women, because it ratifies access to voluntary termination of pregnancy as a fundamental right, from which certain obligations can be derived for the State and health entities. It [also] demonstrates that to ask for any additional requirements or procedures to impede or extend the time for providing the service constitutes a serious violation of human rights.” DeJusticia believes that this case demonstrates the Court’s commitment to making sure the right to an abortion in legal cases is realized in fact, not only in court.
La Mesa por la Vida y la Salud de las Mujeres