La defensa de la vida humana en Colombia: una visión laica, jurídica y cultural

Abstract

The author exposes the motives leading him to request the Constitutional Court to reject the petition for unconstitutionality of article 122 of the Colombian Criminal Code [“Código Penal Colombiano”] because he deems it res judicata in Judgment [“Sentencia”] C-133 of 1994 in force. And he discusses why the plaintiffs are wrong when they base the concept of violation [of rights] on the clarifications or waivers of vote, arguing the lack of binding force of this concept as to make a new revision effective. He exposes the Colombian people’s voluntary rejection of abortion from the early indigenous tradition through our modern times, the 1991 Constitution, the Criminal Code and Court judgments. He acknowledges that the recommendations of the Follow-Up Committees of International Human Rights Treaties are, neither in fact or de jure, a source of international law nor legally binding. Passing abortion would be just like rating certain fellow human beings as “things” and going against a jus cogens rule.