Nature of the Case
Constitutional challenge to several of the articles and provisions of the Bolivian Criminal Code for alleged gender discrimination against women in several of the articles.
Friday, February 27, 2015
Enforcement of the Decision and Outcomes
The decision has just been published, therefore it is yet to be seen whether state agents will comply with the decision, in particular the aspects that loosen restrictions on performing or obtaining abortions in the case of rape, incest, or threat to the life and health of the mother.
Significance of the Case
The case is important for the advancement of women’s reproductive rights in Bolivia. In spite of the limited nature of the Court’s ruling, the decision should make it easier for women to obtain an abortion in cases of rape, incest, or threat to their lives or health. Ruling that women need not obtain judicial authorization in such cases removes a substantial procedural barrier. Additionally, the Court’s decision to lift the requirement that women report that they have been raped in order to obtain an abortion is also an important step forward in ensuring that that women have access to abortion in such cases by removing procedural barriers. The decision will also allow doctors to perform legal abortions without fear of criminal prosecution. In its ruling, the Court ordered Bolivia to develop a policy regarding sexual education, which may also have positive impacts on women’s reproductive rights. Finally, the Court did not eliminate the possibility of further decriminalization of abortion.
Ruling
- Date of Ruling
- Friday, February 27, 2015
- Forum
- Plurinacional Constitutional Tribunal
- Forum Type
- domestic
- Countries
- Thematic Focus