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In a 12-page concept, Attorney General Margarita Cabello gave the Constitutional court your position in front of abortion, in the midst of a lawsuit that is being studied by the high court that asks to fully decriminalize this procedure in the country.
Since 2006, abortion is allowed in Colombia under three causes: malformation of the fetus incompatible with life, sexual abuse, or risk to the life or health of the mother.
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Already in 2020 the then attorney Fernando Carrillo had sent to the high court a concept against this lawsuit, in which he said that the three grounds should be maintained but not decriminalize beyond that since, considered Carrillo, the regulation against this issue it is up to Congress.
In the same sense goes the concept that Margarita Cabello now sent, who tells the magistrates of the Constitutional Court that in Colombia it is the Legislature which is responsible for drawing up the rules on the criminal policy of the State.
Although that is the main position of the Procurator, her concept goes further, since it indicates that the Congress could even totally ban abortion. “For the Public Ministry, by virtue of the constitutional value of the life of the one who is about to be born, the Congress of the Republic can choose to penalize, as a general rule, abortion without said determination being per se contrary to the higher order, especially when it is an eminently political decision reserved for the power that has democratic legitimacy to adopt this type of measure, “the document reads.
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On the issue of the constitutionality control of the norm that the Constitutional Court is making to determine if a general prohibition of abortion violates rights that are in the Constitution, Attorney Cabello considered that this control is not to decide whether or not to decriminalize abortion.
“From the beginning of the discussion of the conformity of the crime of abortion with the Political Charter, the control of constitutionality” is not, as some claim, to discuss the criminalization or decriminalization of abortion, since this does not correspond to the Constitutional Court but to the Legislator ‘”, continues the concept.
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Finally, he pointed out that by virtue of the partial decriminalization of abortion that has existed since 2006, “public authorities have the obligation to adopt the necessary measures to ensure the prerogative of women to request the voluntary interruption of pregnancy before the configuration of any of the decriminalized abortion grounds “.
Thus, He asked the Constitutional Court to declare itself inhibited from the lawsuit that calls for the total decriminalization of this practice.
Attorney Cabello’s document points to two conclusions: first, that Congress is the power that must define how far the decriminalization of abortion goes; and second, that there is a legal reality in the country, the 2006 ruling of the Court, which decriminalized abortion in three situations and which must be followed by all authorities.
1. “In respect of the principle of the democratic constitutional axis, axis of the Colombian State, it corresponds solely to the Congress of the Republic, as a representative body of the interests of society, to regulate abortion and the scope of the prerogative to the voluntary interruption of the pregnancy, within the framework of the higher order “.
2. Public authorities, in compliance with the constitutional duties to abide by judicial decisions and the rights of individuals, have the obligation to adopt the necessary measures to ensure the prerogative of women to request the voluntary interruption of pregnancy before the configuration of some of the decriminalized abortion grounds “in 2006.
Cabello, the current Attorney General, was a fundamental part of the Attorney General of Alejandro Ordóñez, current Colombian ambassador to the OAS and one of the most staunch opponents of abortion and the 2006 Constitutional Court decision that partially decriminalized this conduct.
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