Constitutional developments in Latin American abortion law

被引:13
|
作者
Bergallo, Paola [1 ,2 ]
Michel, Agustina Ramon [3 ,4 ]
机构
[1] Univ Torcuato Di Tella, Sch Law, Buenos Aires, DF, Argentina
[2] Consejo Nacl Invest Cient & Tecn, Buenos Aires, DF, Argentina
[3] Univ Palermo, Sch Law, Buenos Aires, DF, Argentina
[4] Ctr Estudios Estado & Soc, Buenos Aires, DF, Argentina
关键词
Abortion; Autonomy; Constitutionalization; Dignity; Equality; High courts; Latin America; Right to abortion; Right to life;
D O I
10.1016/j.ijgo.2016.08.002
中图分类号
R71 [妇产科学];
学科分类号
100211 ;
摘要
For most of the 20th Century, restrictive abortion laws were in place in continental Latin America. In recent years, reforms have caused a liberalizing shift, supported by constitutional decisions of the countries' high courts. The present article offers an overview of the turn toward more liberal rules and the resolution of abortion disputes by reference to national constitutions. For such purpose, the main legal changes of abortion laws in the last decade are first surveyed. Landmark decisions of the high courts of Argentina, Bolivia, Colombia, and Mexico are then analyzed. It is shown that courts have accepted the need to balance interests and competing rights to ground less restrictive laws. In doing so, they have articulated limits to protection of fetal interests, and basic ideas of women's dignity, autonomy, and equality. The process of constitutionalization has only just begun. Constitutional judgments are not the last word, but they are important contributions in reinforcing the legality of abortion. (C) 2016 International Federation of Gynecology and Obstetrics. Published by Elsevier Ireland Ltd. All rights reserved.
引用
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页码:228 / 231
页数:4
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