Aspectos internacionales de la demanda contra la penalización del aborto

Abstract

The objective of this article is proving that the wrongfully called “monitoring committees” of the treaties dealing with the protection of human rights being ratified by Colombia are neither entitled nor empowered to bind or oblige the country in any way, and that their recommendations - on which the demand against abortion penalization is based - have no constitutional status whatsoever. And that, in contrast, the substantive right in these treaties establishes an obligation to respect life from the very moment of conception. For this purpose, an analysis is made of article 93 of the Colombian Constitution, whereby it is ordered that treaties/agreements dealing with human rights shall prevail in the internal order while serving to construe the constitutional rules. The meaning of the words “treaty [“tratado”] or agreement” [“convenio”](*) is defined, while determining when can they be deemed to be classifiable under article 93 and how can they be construed within the framework of international law. Then, in the light of this interpretation, the treaties are examined as well as the role of committees, to finally conclude that - based on these recommendations - the Constitutional Court cannot declare unenforceable article 122 of the Criminal Code [“Código Penal”], which penalizes induced or artificial abortion.