The country's top court ruled on Monday that abortion is no longer a crime. A growing grassroots feminist movement that has swept across the country has allowed people to seek the procedure during the first 24 weeks of their pregnancies without fear of prosecution.
There was a sea of celebrators bursting onto the streets of the capital and other major cities in the country after the historic win. Activists dressed in green and wearing handkerchiefs hugged each other outside the Constitutional Court.
A number of Latin American countries have made similar legal rulings. Argentina legalized abortion in 2020 after the Supreme Court decriminalized it in Mexico last year.
Criminal penalties attached to an act are no longer in place. The process of making an act legal is called legalization.
The ruling is a historic victory for the women's movement in the country that has fought for decades for the recognition of their rights.
Women, girls, and people who are able to bear children are the only ones who should make decisions about their bodies. Instead of punishing them, the authorities in the country will have to recognize their independence over their bodies and life plans.
The green handkerchief first became a symbol of Argentina's abortion rights movement. Credit: Photo by Guillermo Legaria Schweizer/Getty Images.
A green wave of celebration in Bogotá. Credit: Raul Arboleda / AFP via Getty Images.
One of the petitions was brought by lawyer Andrn Snchez Molina, who argued that the criminalisation of abortion was unconstitutional. Causa Justa, a coalition of feminist and abortion rights groups, stated that the stigma and overall perception of abortion in the country prevented even legal procedures from taking place.
The Causa Justa movement included over 100 organizations and activists. They filed a lawsuit in 2020.
This week's ruling is a significant step forward in allowing women and girls greater access to dignified abortion care, without fear of punishment and without having to resort to dangerous abortions.
If there were serious risks to life or health concerns for pregnant women, or if the pregnancy was a result of incest, rape, or non-consensual artificial insemination, abortion was not allowed. Women were forced to avoid legal health centers because of the criminal penalties in place. 70 people die each year due to an illegal abortion according to the country's health ministry.
Ardila says that unsafe abortions are caused by the presence of abortion in the criminal code, due to the caveat attached to whether or not an abortion would be permitted.
For women and girls with limited education, poor women, victims of violence, minority women, and women living in rural areas who often end up seeking abortions later in pregnancy because they lack information, resources, and access to healthcare facilities, this is especially true.
Any woman or girl who needs an abortion and makes a free and informed decision to seek one can go to a healthcare facility to have the procedure done safely, without delays or barriers, and without having to show that she falls under one of the exceptions established 15 years ago.
Colombia's abortion rights movement led by Causa Justa is comprised of over 100 organizations. Credit: Photo by Guillermo Legaria Schweizer/Getty Images.
Causa Justa found that at least 350 women have been convicted for abortions between 2006 and 2019. Girls under the age of 18 made up twenty of the people.
The case from Causa Justa was heard first by the court, but the case from Molina will be heard later. According to the NY Times, this decision cannot be reversed.
Ardila says that the case has strengthened the women's movement and is a reference for allies in Latin America litigating on abortion.
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