Constitutional Court postpones decision: Debate in Colombia on full decriminalization of abortion continues unresolved

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November 19, 2021 03:45 GMT

A tie in the debate over the handicap of one of the nine judges who would have to decide on the rule’s constitutionality has delayed the process.

The controversy in Colombia over the complete decriminalization of abortion – except for the three reasons – which the Constitutional Court expected to make a substantive decision on Thursday, continues unresolved. Before focusing on the legal case, the public chamber had to decide this day whether to keep or disengage from the debate, one of the nine judges responsible for sentencing, but the vote was tied.

With four votes in favor and four against, the tiebreak is now in the hands of Assistant Judge Hernando Yepes Arcela, who will have to decide whether the judge Picture of Alejandro Linares It will remain part of the situational discussion about voluntary interruption of pregnancy. Sources close to the Constitutional Court, citing sources close to the Constitutional Court, stated that its decision may take a week or two viewer.

The discussion about Linaris came after a challenge Submitted by attorney Anna Maria inclusion to the plenary session in the framework of formulations From the investigative judge to Semana TV on November 11, accusing him of publicly expressing his position on the abortion issue. Under that interview and appeal against him, Linares himself declared disabled This week to participate in the debate and leave it to his colleagues to assess whether they accept his handicap or not.

The position of the jurist It is not a secret from public opinion. He had already expressed his support for decriminalization before as he had voted for decriminalization on previous occasions. This way, its output will represent a low sensitivity For the forces that moved towards complete decriminalization. At the moment, it is expected that in addition to Linares, Jose Fernando Reyes, Alberto Rojas Rios and Jose Lizarazzo will vote for and against Gloria Ortiz and Cristina Pardo, but there is no certainty about the position of Jorge Enrique Ibánez, Paola Meneses and Diana Fajardo.

November 19 was the deadline for a vote on one of the two papers – that of Judge Antonio Jose Lizarazzo – being examined by the Constitutional Court, which calls for the crime to be repealed from the Code of Criminal Procedure. however, Decision will be delayed As a result of the Linaris case. The second presentation to be evaluated – that of Judge Alberto Rojas Rios – has a deadline for its discussion until January 2022.

Since the Constitutional Court began the debate, in mid-October, feminist and religious organizations have mobilized in the streets and campaigned on social networks to try to influence the decision. Since 2006, abortion has been decriminalized in Colombia if the woman’s life is in danger, because of rape and incest, and because of fetal abnormalities.

However, Article 122 of the Penal Code still prescribes prison sentences from 16 to 54 months for women who voluntarily interrupted their pregnancy without adjusting to the three reasons, which helps them determine this.