The topic of abortion continues to be the focus of global media attention. With the latest rise of anti- abortion laws, such as the Texas Heartbeat Act in the United States, mainstream media seems to focus on the restrictions of abortion and push a narrative in which pro-choice abortion advocates are fighting a losing battle. But as anti-abortion laws become more stringent and confining in countries like Poland, Columbia has been moving in the opposite direction, and could soon make history by removing abortion from its criminal code completely.
Abortion has remained a highly discussed subject of public interest due to its implications in various social sectors and activities, such as gender equality and politics. In particular, abortion stigma has often been linked to religious affiliation (Frohwirth et al.). The Catholic Church, for instance, has condemned abortion, with Pope Francis stating that “Abortion is murder... Those who carry out abortion carry out murder” (Povoledo et al.). Therefore, traditionally conservative countries like Poland, where Catholicism remains the predominant religion and the Church continues to wield significant power in its society, often have the most restrictive abortion laws (Wandycz). Even before the recent changes in abortion policies, Polish women were allowed to terminate their pregnancies in only three circumstances: if the mother’s life is endangered by the pregnancy; if there are severe and irreversible fetal abnormalities; or if the pregnancy is the result of rape or incest (Poland enforces controversial near-total abortion ban).
In October 2020, however, Poland’s national government issued a court ruling declaring any form of abortion in Poland, unless for reasons of rape, incest, or the safety of the mother, illegal (Poland enforces controversial near-total abortion ban). This ruling would effectively prohibit 98 percent of all abortions in Poland, formerly carried out on the grounds of fetal abnormalities, and subject doctors who help women abort to criminal punishment, including imprisonment for up to three years. The move sparked national discontent as thousands took to the streets to protest against this tightening of the already-restrictive abortion policies of the nation. Even greater public outrage ensued when a woman named Izabela died from pregnancy complications in September 2021 after being denied life-saving procedures, including abortion, by her doctors for fear of prosecution (Poland clarifies abortion law after protests over mother's death). Her death also drew wider international attention as the EU Parliament and many of its members condemned Poland’s actions and urged the Polish government to clarify its legal restrictions to prevent similar tragedies (Peseckyte).
While Polish laws reflect a conservative majority in the courts and a strong influence of religion on national governance, Columbia, an equally Catholic country across the world (Pier), is making history as its Constitutional Court is due to decide on the removal of abortion from the country’s criminal code.
Before this court case, Columbia permitted abortion in three cases: rape, fetal non-viability, and when the mother’s life is in danger (Oquendo). Nevertheless, women who abort were often criminalized and discriminated against even if their procedures were done within the provisions of law (Oquendo); oftentimes, abortion cases were reported by the very health facilities that women went to seek the procedure (Causa Justa - facts about abortion access in Colombia). To protect these women’s rights, a movement bringing together over 100 feminists and women’s rights organizations and activists across the country called the Causa Justa (Just Cause) Movement filed a lawsuit on September 16, 2020, for the Constitutional Court of Columbia to re-evaluate the criminalization of abortion and to, hopefully, eliminate abortion restrictions from the country’s penal code (Colombia - lawsuit filed in Constitutional Court to take abortion out of The penal code).
The court was meant to announce its ruling on November 19, 2021 (Oquendo), but had to postpone their decision the day before as one of the presiding judges, Judge Alejandro Linares, gave remarks before the court hearing that ran the risk of revealing his vote on the case. Linares, a known supporter of the decriminalization of abortion, then presented the court with his withdrawal from the case (Santaeulalia); the results of the vote on whether or not to allow him to withdraw have not yet been announced. Despite the setback, feminist groups in Columbia remain hopeful, as they believe they have a strong case, with testimonies and briefs from more than a hundred women and medical workers. They have also found—through polls, street protests, and social media campaigns—a major constituency for abortion access, with only 20 percent of Columbians believing that women should face imprisonment for abortion, proving to the court that the majority of Columbian people support abortion rights. In preparation for the court’s decision in their favor, the movement has also begun developing ways to help people gain greater access to safe abortion procedures (Waldron).
This is the closest that Columbia has been to fully decriminalizing abortion in recent history, and regardless of the decision of the court, the pending ruling has already been instrumental in provoking discussion about the highly stigmatized subject both amongst Columbians and on an international stage (Santaeulalia). If the court decides in favor of decriminalizing abortion, Columbia will be the first in Latin America to fully eliminate abortion from its criminal statutes, a groundbreaking act that could galvanize a growing trend in abortion decriminalization in the area. Columbia’s case could not only pave the way for a gradual increase in gender equality but also symbolize a cleaner split between politics and old scriptures like religion, thus setting a precedent for other religious countries in the region, currently home to some of the most restrictive laws regarding abortion in the world, as seen in the total ban on abortion in El Salvador and the near-total ban on abortion in Brazil (Person).
However, despite early indications of the court ruling in favor of decriminalization, whether history will be made in Columbia is still undecided. Regardless, abortion remains a controversial topic that will continue to generate conversations in the future. As countries like Poland tighten their abortion laws, others, like Columbia, continue to work towards loosening restrictions and lessening the stigma attached to abortion in their societies and cultures. How countries choose to fight the abortion war has come to reflect not just their stances on this issue but also their attitudes towards feminism and women’s political and medical rights in general. As members of the Causa Justa Movement argue, without reproductive justice, there can be no gender equality, and policies such as abortion restrictions can harm those who are already marginalized or socioeconomically disadvantaged. On such an issue that knows no boundaries, Columbia’s case could have a lasting impact on not only the country itself, but also on the future of the women’s rights movements worldwide.
Works Cited
Causa Justa - Facts about Abortion Access in Colombia. 2020, https://www.womenslinkworldwide.org/en/files/3183/facts-current-situation-in-colombia.pdf.
“Colombia - Lawsuit Filed in Constitutional Court to Take Abortion out of The Penal Code.” International Campaign for Women's Right to Safe Abortion (SAWR), 25 Sept. 2020, https://www.safeabortionwomensright.org/news/colombia-lawsuit-filed-in-constitutional-court-to-take-abortion-out-of-the-penal-code/.
Frohwirth, Lori, et al. “Managing Religion and Morality within the Abortion Experience: Qualitative Interviews with Women Obtaining Abortions in the U.S.” World Medical & Health Policy, U.S. National Library of Medicine, Dec. 2018, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6424365/.
Oquendo, Catalina. “El Debate Del Aborto Vuelve a Agitar a Colombia.” El País, 13 Feb. 2020, https://elpais.com/sociedad/2020/02/12/actualidad/1581544888_385168.html.
Oquendo, Catalina. “La Lucha Por La Despenalización Del Aborto Llama a Las Puertas De La Corte En Colombia.” El País, 16 Nov. 2021, https://elpais.com/sociedad/2021-11-16/una-semana-decisiva-para-el-aborto-en-colombia.html.
Person. “Factbox: The World's Toughest Abortion Laws.” Reuters, Thomson Reuters, 3 May 2022, https://www.reuters.com/business/healthcare-pharmaceuticals/global-look-abortion-some-worlds-toughest-laws-2021-12-10/.
Peseckyte, Giedre. “EU Parliament Condemns Poland's Restrictive Law on Abortion.” Www.euractiv.com, EURACTIV, 12 Nov. 2021, https://www.euractiv.com/section/health-consumers/news/eu-parliament-condemns-polands-restrictive-law-on-abortion/.
Pier. “Colombian Culture.” Cultural Atlas, 2021, https://culturalatlas.sbs.com.au/colombian-culture/colombian-culture-religion.
“Poland Clarifies Abortion Law after Protests over Mother's Death.” BBC News, BBC, 8 Nov. 2021, https://www.bbc.com/news/world-europe-59206683.
“Poland Enforces Controversial near-Total Abortion Ban.” BBC News, BBC, 28 Jan. 2021, https://www.bbc.com/news/world-europe-55838210.
Povoledo, Elisabetta, et al. “Pope Weighs in on Calls to Deny Communion to Biden over Abortion.” The New York Times, The New York Times, 15 Sept. 2021, https://www.nytimes.com/2021/09/15/world/europe/pope-francis-biden-abortion.html.
Santaeulalia, Inés. “La Decisión Sobre La Despenalización Del Aborto En Colombia Entra En Un Limbo Jurídico.” El País, 19 Nov. 2021, https://elpais.com/sociedad/2021-11-19/la-decision-sobre-la-despenalizacion-del-aborto-en-colombia-entra-en-un-limbo-juridico.html.
Waldron, Travis. “Colombia Weighs Abortion Decriminalization as Feminist 'Green Wave' Sweeps Latin America.” HuffPost, HuffPost, 11 Nov. 2021, https://www.huffpost.com/entry/colombia-legalizes-abortion-latin-america-womens-rights_n_618ae7f9e4b0a518aca70e66.
Wandycz , Piotr S. “Poland.” Encyclopædia Britannica, Encyclopædia Britannica, Inc., 2021, https://www.britannica.com/place/Poland#tab=active~checked%252Citems~checked&title=Poland%2520--%2520Britannica%2520Online%2520Encyclopedia.
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