Conscientious objection in Voluntary Termination of Pregnancy: A Colombian constitutional jurisprudential review

Abstract

The Honorable Colombian Constitutional Court has established uniform jurisprudence regarding conscientious objection, guaranteeing the protection of the right of health professionals directly involved in the practice of abortion or feticide (induced fetal death) in the voluntary termination of pregnancy (VTP) of pregnant women who meet the criteria established in ruling C-355 of 2006, in the following cases: (i) when the pregnancy poses a risk to the life or health of the woman, (ii) when there is a severe fetal malformation that makes life unviable, and (iii) when the pregnancy is the result of conduct constituting carnal access or sexual intercourse without consent, abuse, or non-consensual artificial insemination or transfer of fertilized ovum (1).

It is important to highlight the efforts of our Constitutional Court to define the scope of the exercise of conscientious objection, both for health professionals and for judicial operators. Through these rulings, the Court unifies criteria and clarifies the potential conflict between the rights to freedom of conscience and to VTP, providing a basis for judicial decision-making and serving as a guideline for public policies aimed at ensuring the prevention of unsafe abortion in Colombia, considering the legislature’s reluctance to promote a bill regulating VTP and conscientious objection