Constitucional y legalmente, el nasciturus es persona y titular del derecho a la vida

Abstract

An opinion about the constitutionality process regarding articles 122 through 124 of the Colombian Criminal Code. The concept is supported on the following general grounds: The nasciturus as an individual and holder of the right to live, where the doctrine of the Constitutional Court itself is reviewed, because it has recognized in previous judgments the nasciturus as a human person. If this reality is accepted, it has to be admitted then that, in constitutional terms, the incipient human being has a right to live. And if human rights are preached in behalf of human beings, then every human being is a holder of that right to live.

With respect to the initiation of human life, embryological and genetic facts are recalled, particularly those used by scientists to affirm that in fecundation itself a new human life begins. About how pregnant women’s rights are affected, a dissertation is included about women’s fundamental rights, as well as on the constitutional legitimacy of attaching the right to live of the unborn as a rule and, therefore, of not acknowledging abortion as the legitimate exercise by a woman of her fundamental right to procreative freedom. Finally, the article examines abortion as an alleged public health problem, and whether its partial legalization is justifiable or not.