Mecanismos administrativos de garantia de protección del derecho al aborto legal y seguro como parte de los derechos sexuales y reproductivos de la mujer en Colombia

Abstract

Colombia, being a State classified as Social and Democratic, classifies reproductive rights as a fundamental right described through judicial decisions, understood from the scope of the democratic principle, the value of justice and in favor of equity, which fall within the right of access to the administration of justice. The evaluation of the actions carried out to comply with the judicial decisions allows to assess whether the obligor has taken measures aimed at the purposes intended by the ruling; When the right of action is exercised, undoubtedly linked to due process and when the high courts have pronounced, the beneficiaries create an expectation of compliance derived from the decisions, in the case of the IVE, citizens expect the State to deploy its efforts to comply with Ruling C-055 of 2022, In addition, they expect actions to be carried out under conditions of legality and security, because as a consequence, if the Constitutional Court issued such pronouncement, it determines the binding nature of the judicial decisions, and if this is disregarded, it constitutes an undermining of fundamental rights and therefore of constitutional precepts