Colombia legalises abortion in move hailed as ‘historic victory’ by pro-choice activists

COLOMBIA’S top court has decriminalised abortion in the first 24 weeks of pregnancy following years of grassroots protests, solidifying a shift in historically conservative Latin America on the divisive issue.

Abortions were previously allowed only when the mother’s life or health was at risk, there were life-threatening foetal malformations, or the pregnancy was the result of rape or incest. Monday’s ruling means any woman will now be able to seek an abortion in the first 24 weeks without fear of criminal prosecution. It is estimated that 400,000 abortions are carried out each year in Colombia – but less than 10 per cent are performed legally.

Illegal abortions, which often take place without proper medical supervision, cause about 70 deaths a year, according to its health ministry.

There are approximately 400 criminal cases a year against women who have abortions or people who help them, with at least 346 people convicted since 2006. Nearly all of these have been in rural areas, involving girls as young as 11, says Causa Justa, a prochoice coalition.

The ruling by the Constitutional Court – which voted five-to-four in favour of the rule change – in Catholic Colombia has set an “important precedent” for Latin America, according to Catalina Martínez Coral, of the Centre for Reproductive Rights.

The ruling is expected to have a farreaching impact on reproductive rights across the region. It follows on from similar rulings in Mexico, where the Supreme Court decriminalised abortion in September, and Argentina, which legalised it in late 2020.

Erika Guevara-rosas, Americas director at Amnesty International, called it a “historic victory” and said: “Following the legalisation of abortion in Argentina last year and the recent decriminalisation in Mexico, this ruling is yet another example of the unstoppable momentum of the ‘green tide’ in Latin America.”

The Green Wave movement for abortion rights gained prominence a little over a year ago, when supporters across Mexico, Paraguay and Brazil waved green handkerchiefs to show solidarity with the Argentine decision.

In Colombia, thousands of women took to the streets. “It was very, very powerful,” said Ms Martínez Coral. The Colombian decision followed a lawsuit filed by Causa Justa, a coalition of 90 organisations, which argued that criminalising abortion meant even women who qualified for the procedure were denied it by health professionals out of fear of reprisals.

The ruling puts pressure on antiabortion holdouts in the region, such as El Salvador, Nicaragua, Suriname, the Dominican Republic and Honduras.

In El Salvador having an abortion can result in up to eight years in jail.

However, women are sometimes charged with aggravated homicide, and face up to 50 years in prison.