"The tyranny of the passions and the clash of social conditions
require, sometimes the woman to feel hatred for what should excite a great joy, that is, to be a mother , and instead want it should have the great misfortune, namely abortion. " CARRARA.
WARNING. C-133, March 17, 1994. The Constitutional Court ruled affirmatively on the constitutionality of the penalty of abortion, relying on the protection of life from conception, noting that the right to procreative autonomy is exercised precisely at that moment of conception through birth control practices, which is made compatible with that right to life of unborn child .
The ruling was divided, his vote saved three judges, who stated they were against the absolute criminalization of abortion, arguing that it does not equate the life of the mother, the life of the unborn, because this is still not a person, not a subject of rights and obligations, although, has state protection, which must be done without prejudice to the rights of the mother.
C-013, 1997: The law has the autonomy to provide justification or grounds for acquittal. Not rule out the possibility of any conflict between the fundamental rights of pregnant women and the rights of the unborn child, but the solution is the task of the law.
C-355, May 10, 2006, no person commits an offense of abortion when the woman's will, the termination of pregnancy occurs in the following cases:
1. When continuation of pregnancy poses danger to life or health of women, certified by a doctor.
2. when there serious malformation of the fetus that makes life unviable, certified by a doctor.
3. when pregnancy is the result of conduct duly reported, constituting rape or sexual intercourse without consent, abuse or artificial insemination or transfer of embryos without consent, or incest.
We said that life is protected in regard to the entity or "independence" existential way of life that is real or potential attack. Thus, we could say that within the first title of the second book of the Criminal Code, protect three different stages of life:
1. protection to life in education. Article 122 (abortion), 123 (abortion without consent), 124 (unconstitutional C-355, May 10, 2006), 125 (fetal damage) and 126 (negligent injury to the fetus).
2. protection to life and formed, but helpless. Criminal laws that aim to protect life outside the womb of people do not have the ability to fend for themselves. Section 127 (abandonment), 128 (abandonment of child sexual intercourse resulting from violent, abusive or artificial insemination or fertilized ovum transfer without consent) and 131 (failure to provide assistance). Is that as life already formed outside the womb of nature, reason of acriminación particular the attacks on those forms of life, lies in the fact that they are lives that can not fend for themselves, or to assist or defend themselves.
3. protection to life and formed and independent. Section 101 (murder).
ABORTION, MORALITY AND PUBLIC HEALTH: THE DEBATE.
Clandestine abortion is not only the problem of teenage and single mother, other factors such as the difficulty to sustain a child's revenge against her husband or partner, fear of childbirth, hide a betrayal, not creatures to face his family or his environment social, among others.
many abortive Media: abortifacients such as beverages, hot bath, purgatives, emanagogos (triggers of menstruation), saffron, iodides, acids, poisons, maneuvers, midwifery, pharmaceutical drugs, mechanical means such as bumps, drops, massage abdominal, intrauterine injections, which are made with a very thin tube, eight inches in length, which is inserted into the cervix and soapy water is applied, leading to the release of the design, quickly and with little risk, etc.
Although there are no real statistics on the problem of abortion in Colombia, it is estimated that by December 1999 the country had about 300,000 abortions that take place in various health centers an average of 27 women daily with problems post-abortions, at least one less than 14 years, discovered methods to abort raise this issue extensively, most abortions occur in situations of poor asepsis and medical technology, that as a result of what many women die before an abortion
latest WHO data indicate that unplanned pregnancies each year lead to a minimum d e20 million abortions in unsafe conditions, resulting in the death of some 80,000 women.
In Colombia, studies carried out in Medellín and Cali show an underreporting of maternal mortality of 50% as the determinant of the high mortality from abortion is outdated legislation criminalizing abortion and it is always illegal . Women of reproductive age dies from abortion and women die because abortion is illegal and clandestine.
raises two points of view about it:
FIRST. Moralist. Part of the conviction that unless it develops, and from the time when the male and female gametes merge into the fallopian tubes, there is human life with the attributes of spirituality that the law protects. For them, abortion is immoral, legally and socially reprehensible offense a problem to be addressed by the state.
SECOND. A moral approach that makes them look like outcasts ethical and scientific openings for distinguished professionals can practice safely. Abortion is fundamentally a public health problem that the legal prohibition and moral obligation to avoid. A woman who aborts, authorities and health professionals that might be addressed, he pursues it as immoral and criminal. It should help a woman with a law decriminalizing abortion.
abortion is a criminal offense that protects the life legally. It is said that also protects the legal interests of the state population policy and women's health. Historically it was protected women's right to dispose of his own body, because the fetus was considered viscerum portio matris.
DEFINITIONS.
"Causing the death of a fetus." CARRARA. This view is highly restricted and it does not cover the destruction of the embryo that is not actually a fetus.
"Causing the premature and violent expulsion of conception." While it is true that very often and in almost all cases, termination of pregnancy is followed by the expulsion of the fetus as a natural defense reaction of the body of the mother, the fact remains that such removal is essential so that you can set the crime of abortion. Is that the expulsion of the fetus or embryo is a criminally irrelevant fact, since there may be cases of abortion without expulsion of the fetus and, conversely, cases of violent expulsion of the fetus without abortion.
"The death of the fruit of conception at any time prior to the termination of pregnancy, with or without the removal of the womb the mother." CALON NECK.
ARENAS. "Causing willful disruption of the physiological process of pregnancy." Because it is irrelevant whether the fetus is viable, or whether or not expulsion of the conceptus.
"Causing the death of the product of conception, before birth." MOLINA Arrubla. The crux of the abortion is the intention of causing the death of the conceptus.
ASPECT MEDICAL LEGAL ABORTION.
pregnancy exists from the moment of conception until childbirth and fertilization since the male germ and germ female are fused or joined or, in other words, DeSdel moment the sperm and egg are brought into contact. Malicious interruption of pregnancy between these two extreme moments, that is, legal abortion.
legal abortion in medicine is "the expulsion of the conceptus and its dependencies before it is viable, which occurs within six months." Expulsion from the same time it can survive is called "premature."
Four issues must be resolved by legal medicine with respect to this crime:
1. Scientific claims that a woman has an abortion.
2. If the abortion was caused or natural.
3. In what ways has occurred.
4. At what point in pregnancy is aborted.
CONCEPT. Death is caused to the product of human conception prior to birth.
LEGAL DESCRIPTION.
A. ABORTION CONSENT. Own abortion or abortion by the mother consented, and they do not operate it or because a third party. Is enshrined in Article 122 of the Penal Code. In this offense is an example of criminal partnership, responding both authors, the mother and the third, which usually is the one who puts knowledge and technique of abortion procedure on an equal footing. Some would find more responsible to the mother, whose action will be more attacks, as it faces its own maternal instincts.
B. ABORTION WITHOUT CONSENT. Article 123 of the Penal Code is a special type of abortion is compounded by the lack of consent of the mother, and therefore also in the doctrine known as violent. Includes a woman less than fourteen years but consents, for the idea that such consent is not free, age of the mother.
be careful also against the autonomy and freedom of a person with life-threatening and personal integrity, and also the legal right, which basically aims to protect the legislature, the life of the creature
ELEMENTS.
1. Death of the embryo or fetus. This is the result of the crime. You may check both inside and outside the uterus, after his expulsion. In the latter case, should result in the premature death of the expulsion, as if the child is born alive and viable, and once outside he seeks death, we address the crime of murder.
2. Causation. Regarding this element that we refer to when studying homicide, because as warned at the time, this is a common element to the crimes of result, and abortion is a crime of outcome. Of course it is a criminal type of result, but we would say that while talking with statistical and practical sense, is a crime of risk: Given the conditions under which it is practiced in countries where it is illegal, because it often exposes the health and life of the mother.
CLASSIFICATION:
1. NEEDED (ectopic). Is one that is caused by the need to save the mother of a current or imminent danger, not otherwise avoidable. In some cases the mother's life at risk can enter if the pregnancy continues.
2. THERAPEUTIC. Is one that comes when it appears advisable for the health of the mother, though not a bad case of "imminent", but future is one that is performed in order to restore health or save the life of the mother, threatened by the process of gestation.
3. HONORARY. It is abortion that is performed to save the honor or that of the mother, wife, offspring, adopted daughter or sister. Appeared set forth in Article 389 of the Penal Code of 1936, thereby reducing half penalty to give two-thirds or even judicial pardon.
4. SENTIMENTAL. Is raised for the removal of a pregnant woman who has been the result of a crime which has been subjected.
5. Eugenics. Is what is done to eliminate fetuses that have congenital problems, as a result of viral infections in the mother (case of rubella can cause deafness, cataracts, mental retardation and severe types of deformations) or consumption of certain drugs during pregnancy (the "thalidomide" German tranquilizer widely used in the 60's, produced serious physical malformations) or genetic flaws (dawn or mongolism).
6. Fault. Is caused when the agent did not foresee the harmful consequences of his act, having been anticipating, or when, despite having anticipated, hoped to avoid.
7. SPONTANEOUS. Is reporting that resulted in the death of the product of conception, before birth, but in between there was evidence of human will or intention. This is an abortion that can not be punished, which is impunity, given the absolute absence of criminal action in a legal sense, by the mother. It is caused by pathological reasons (syphilis, alcoholism, tuberculosis, trauma, poisoning, etc..) Or natural (emotions, overwork, etc.).
TYPE DEVICES AMPLIFIERS.
TENTATIVE. An attempt unfinished when the doctor is caught in the time available to practice surgery and will be finished when the doctor provides a strong dose of Postinor-2 after 14 days of the sexual relationship and under no extraneous causes produce abortion.
If we are dealing with a multiple pregnancy and abortion maneuvers only manage the sacrifice and death of an unborn child abortion accomplished there. Over the other or others will contest with injury to the fetus are affected.
When
realizan maniobras abortivas, pero no se logra la muerte del feto y este nace y muere pocos días después como consecuencia de los daños inferidos, se tiene que existe tentativa de aborto en concurso material heterogéneo con homicidio culposo. Ello es lógico: cuando se atentó contra la criatura era una vida dependiente y no la perdió, pero el daño materializó la muerte posterior ya cuando tenía vida independiente. No ser puede dejar de contar con que ello suceda, puesto que nos encontramos frente a un bien jurídico que admite la progresividad de la afectación, la cual, finalmente, puede darse en cualquiera de las etapas que protege el derecho penal.
Así mismo si se busca induce the abortion, but this attempt fails, confirming personal injury to the fetus, since the legal right physical and mental integrity is more important than fetal life, the complaint shall be by way of injury.
PARTICIPATION. Mutatis mutandis apply the same criteria mentioned for manslaughter. Determination are also feasible: the husband who encouraged his wife to cause an abortion, the complicity, who monitors outside the room while inside an abortion is illegal. Moral or psychological complicity can not be denied because your configuration is already pregnant woman has in his mind the idea that it reinforced criminal advice from your matchmaker.
injury to the fetus.
neglect or disabled person. OMMISSION
RELIEF.
genetic manipulation.
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