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June 24, 2022
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Government asks to annul the ruling that decriminalized abortion in Colombia

What changes with the partial decriminalization of abortion in Colombia

In the last hours the Ministry of Justice requested the Constitutional Court to overturn the sentence of February 21, 2022 in which it decriminalized the voluntary interruption of pregnancy (IVE) in Colombia until the 24th week of gestation.

(Read: US Supreme Court annuls the protection of the right to abortion).

This was indicated by the portfolio in a document sent to the Court, which must study the petition for annulment of the Universidad de la Sabana and other people who question the justification of the sentence.

The main criticisms are regarding the 5-4 vote with the participation of Deputy Judge Julio Andrés Ossa and whether it was possible to make a new pronouncement after the decriminalization of three causes in 2006.

According to the Government, in this case there was constitutional res judicata with respect to that decision of the Court itself in 2006 and, furthermore, irregularities in the study of the papers presented by the magistrates Antonio José Lizarazo and Alberto Rojas on account of the demands presented, respectively, by the Just Cause movement and the lawyer Andrés Sánchez, requesting the decriminalization of abortion.

The questioning of the Ministry of Justice comes after the Supreme Court of The United States will annul this Friday the protection of the right to abortion in force in this country since 1973, in a historic decision that will allow each state to decide whether to maintain or prohibit this reproductive right.

The ruling states that the Constitution “does not grant” this right and returns the authority to legislate on abortion to the “people” and their “elected representatives.”

(Also: List the agenda: this is how the joint meetings between governments will be).

The decision published today reverses both the judgment known as “Roe versus Wade”, agreed upon 49 years ago, which protected the right to abortion throughout the country, like another resolution from 1992, “Planned Parenthood versus Casey”, which reaffirmed such protection but allowed states to establish regulations on the process.

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