[Editor’s Note: This is Part IV in our symposium on the one-year anniversary of the Chilean Constitutional Court’s abortion decision. The Introduction to the symposium is available here, Part I is available here, Part II is available here, and Part III is available here.]
—Isabel C. Jaramillo Sierra, Universidad de los Andes, Bogotá
In August 2017, the Chilean Constitutional Tribunal [CCT] ruled in favor of the abortion reform introduced by Law 21030 [the Law]. The Law resulted from a long and difficult campaign led to a large extent by President Bachelet herself. How hard the struggle was is patent in the very fact that the day after its approval, one fourth of the Republic’s Senators asked the CCT to repeal it for violating the Chilean Constitution. At the heart of the debate was the interpretation of article 19 in the Chilean Constitution and the powers it granted to the legislator concerning the protection of “life”. For the plaintiffs, the protection of “life” demands the deployment of state action, and prevents any changes in legislation that represents a step forward in that direction –principle of progressive protection of rights. (….)
Fuente: http://www.iconnectblog.com/2018/08/i-connect-symposium-the-chilean-constitutional-courts-abortion-decision-finding-and-losing-women-in-abortion-law-reform-the-case-of-the-chilean-constitutional-decision-on-law/
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