C-355 of 2006 was a decision of Colombia's Constitutional Court partially decriminalizing abortion, holding that a total criminal prohibition on abortion in every circumstance was unconstitutional and that abortion had to be permitted at least where a pregnancy endangered the life or health of the woman, resulted from rape or incest, or involved a fetus with malformations incompatible with life outside the womb. It was the first ruling to open any legal access to abortion in Colombia, and it was followed in 2022 by a further decision, C-055, that decriminalized abortion up to twenty four weeks of pregnancy.
Facts
Decision Year Decision Date HoldingThe Constitutional Court ruled five to three that a total ban on abortion in Article 122 of the Penal Code was unconstitutional, holding that it reduced the pregnant woman to a mere receptacle of unborn life lacking constitutionally relevant interests, and ordered that abortion be permitted where the pregnancy results from rape or non-consensual insemination, where it endangers the physical or mental health or life of the woman, or where the fetus has a malformation incompatible with life. 1 Current StatusPartially superseded. A 2022 Constitutional Court ruling, Case C-055, later permitted abortion on request up to 24 weeks, but this 2006 decision remains the origin of decriminalization in Colombia and continues to govern later-term abortions sought due to risk to life or health, fetal malformation or rape. 1 Connections
In Legal System
Colombia's legal system sits within the civil law tradition; no live entity yet exists for the Constitutional Court of Colombia specifically.
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Found In
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Sources
1. Abortion in Colombia (Wikipedia)
Wikipedia- Sentence C-355 of 2006 section, first sentence
Sentence C-355 of 2006 section, receptacle sentence
reduced her to "a mere receptacle of unborn life, lacking rights or constitutionally relevant interests meriting protection."
Lead paragraph, 2006 ruling reference
Later in pregnancy, it is only allowed in cases of risk of death to the pregnant woman, fetal malformation, or rape, according to a Constitutional Court ruling in 2006.
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