For your interest...
-----Original Message-----
From: REPROHEALTHLAW-L : Reproductive and Sexual Health Law Programme [mailto:REPROHEA...@listserv.utoronto.ca] On Behalf Of Linda Hutjens
Sent: Wednesday, February 29, 2012 6:20 PM
To: REPROHEA...@listserv.utoronto.ca
Subject: Colombia: Constitutional Court upholds abortion rights
Risk to Mental Health is Sufficient Reason to Solicit Voluntary Termination
of Pregnancy
Constitutional Court of Colombia (Judgment T-841/2011) again protects
women's right to voluntarily terminate a pregnancy
February 23, 2012, Bogota. Press release by: La Mesa por la Vida y la
Salud de las Mujeres:
http://www.despenalizaciondelaborto.org.co/RIESGO-PARA-LA-SALUD-MENTAL-ES
Through Judgment T-841/2011, the Constitutional Court of Colombia protected
the fundamental rights of a 12 year-old girl who applied for a voluntary
termination of pregnancy because her life and her health were in danger. The
minor complied with all the requirements necessary for an abortion.
However, after 10 weeks of unnecessary paperwork and formalities, she was
forced to continue with her pregnancy.
As a result of the review process in a writ of injunction presented by the
girl and her legal guardians, with the legal support of La Mesa por la Vida
y la Salud de las Mujeres, the Constitutional Court declared that in this
case an irreparable harm had been caused, and condemned the EPS to
compensate the victim, taking into account that the girl is a minor, the
damages to her mental health and interfering with her project of life; also
they must provide unlimited services for her mental health. The EPS will be
investigated by Supersalud (Superintendent of Health) that will be in charge
of applying the corresponding sanctions that may be a fine, represented as a
large sum of money.
La Mesa considers the Constitutional Court's ruling is an advancement in the
recognition of reproductive and sexual rights of Colombian women, because it
ratifies access to voluntary termination of pregnancy as a fundamental
right, from which certain obligations can be derived for the State and
health entities; It demonstrates that to ask for any additional requirements
or procedures to impede or extend the time for providing the service
constitutes a serious violation of human rights.
Among this high court's conclusions, it was established that a 5 day time
limit is reasonable for the health entities to respond and practice the
procedures. On the other hand, they declared that it was forbidden to
dismiss medical opinions of professionals unaffiliated to the network of EPS
practitioners, when these professionals determine that the continuation of
the pregnancy represents a risk to a woman's life or health. Within health
care services for women that solicit a voluntary termination of pregnancy,
it was said that a woman has a right to a timely and comprehensive
assessment of the risks of continuing the pregnancy and that takes mental
health into account.
>From now on, Colombian judges are ordered to guarantee anonymity to protect
the right to privacy of women filing a writ of injunction so that they may
undergo a voluntary termination of pregnancy.
This ruling is an important accomplishment to protect the lives and health
of women, because it develops arguments so that the health based ground may
be applied in a broadly and comprehensive manner and in such a way that it
benefits a greater number of women.
La Mesa acknowledges the ground-breaking contribution that the
Constitutional Court has made in favor of women, and calls the State to
guarantee the reproductive and sexual rights of all Colombian women.
La Mesa por la Vida y la Salud de las Mujeres is a collective of
organizations and individuals that from their knowledge and experience work
for the reproductive and sexual rights of Colombian Women, for the effective
implementation of Judgement C-355, 2006 and for the liberalization of
abortion in Colombia.
The judgment, Sentencia T-841/2011, in Spanish, can be downloaded here (13
MB):
http://www.promsex.org/docs/varios/Sentencia_T-841_de_2011.pdf
The original Spanish press release by La Mesa por la Vida y la Salud de las
Mujeres is online here:
http://www.despenalizaciondelaborto.org.co/RIESGO-PARA-LA-SALUD-MENTAL-ES
Erick Otieno Owuor, Executive Coordinator, Kamukunji Paralegal Trust (KAPLET)
P.O. Box 9163-00200, City Square,
Nairobi, Republic of Kenya.
Telephone (Mobile): +254 722 361 017
Email: kap...@live.co.uk or ericot...@yahoo.com
Website: Under construction
Skype: mtetezi
--- On Thu, 3/1/12, Rebecca Brown <rbr...@escr-net.org> wrote:
From: Rebecca Brown <rbr...@escr-net.org>
Subject: [ACTIVIST] [ESCR-Right-to-Health] Colombia: Constitutional Court upholds abortion rights
To: "escr...@yahoogroups.com" <escr...@yahoogroups.com>, "escr...@yahoogroups.com" <escr...@yahoogroups.com>, "escr-right...@yahoogroups.com" <escr-right...@yahoogroups.com>
Date: Thursday, March 1, 2012, 9:40 AM
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