Las acciones Wrongful Birth y Wrongful Life en Colombia: una perspectiva hacia el futuro jurídico del país

Abstract

At the time the Constitutional Court decriminalized abortion, a great controversy about the legal consequences that this would open. Because the subject is too recent for the Colombian population. Therefore loopholes are created and new situations faced by judges only with the support of auxiliary sources of law. Thanks to this we can include actions that are unknown to the Colombian legal system as it is the action of wrongful birth and wrongful life. Shares of wrongful birth and wrongful life, which translated reference "inappropriate actions birth" and "inappropriate actions of life", where the case of wrongful life, usually the baby and the parents sue the doctor hospital not provide adequate information that would have allowed them to know the malformation during pregnancy, or a bad genetic disposition of a parent before becoming pregnant. Therefore there is some kind of responsibility where if he had advised mothers, these could have an abortion, so it is necessary to observe the issue and legal debate concerning the inherent medical liability to Colombian social reality and the potential impact the decriminalization of abortion in the three existing in the Colombian legal system legal cases.