Movement and counter-movement: a history of abortion law reform and the backlash in Colombia 2006-2014

Autores
Ruibal, Alba
Año de publicación
2014
Idioma
inglés
Tipo de recurso
artículo
Estado
versión publicada
Descripción
In 2006, the Constitutional Court of Colombia issued Decision C-355/2006, which liberalized the country’s abortion law. The reform was groundbreaking in its argumentation, being one of the first judicial decisions in the world to uphold abortion rights on equality grounds, and the first by a constitutional court to rule on the constitutionality of abortion within a human rights framework. It was also the first of a series of reforms that would liberalize the abortion regulation in four other Latin American countries. The Colombian case is also notable for the process of strategic litigation carried out by feminist organizations after the Court’s decision, in order to ensure its implementation and counter the opposition from conservative actors working in State institutions, as well as for the active role played by the Court in that process. Based on fieldwork carried out in Colombia in 2013, this article analyzes the process of progressive implementation and reactionary backlash after Decision C-355/2006, with an emphasis on strategic litigation by the feminist movement and subsequent decisions by the Constitutional Court, which consolidated its jurisprudence in the field of abortion rights. It highlights the role of both feminists and of conservative activists within State institutions as opposing social movements, and the dynamics of political and legal mobilization and counter-mobilization in that process.
Fil: Ruibal, Alba. Consejo Nacional de Investigaciones Científicas y Técnicas; Argentina
Materia
Constitutional Law
Jurisprudence
Abortion Law And Policy
Advocacy And Political Process
Nivel de accesibilidad
acceso abierto
Condiciones de uso
https://creativecommons.org/licenses/by/2.5/ar/
Repositorio
CONICET Digital (CONICET)
Institución
Consejo Nacional de Investigaciones Científicas y Técnicas
OAI Identificador
oai:ri.conicet.gov.ar:11336/34525

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spelling Movement and counter-movement: a history of abortion law reform and the backlash in Colombia 2006-2014Ruibal, AlbaConstitutional LawJurisprudenceAbortion Law And PolicyAdvocacy And Political Processhttps://purl.org/becyt/ford/3.3https://purl.org/becyt/ford/3In 2006, the Constitutional Court of Colombia issued Decision C-355/2006, which liberalized the country’s abortion law. The reform was groundbreaking in its argumentation, being one of the first judicial decisions in the world to uphold abortion rights on equality grounds, and the first by a constitutional court to rule on the constitutionality of abortion within a human rights framework. It was also the first of a series of reforms that would liberalize the abortion regulation in four other Latin American countries. The Colombian case is also notable for the process of strategic litigation carried out by feminist organizations after the Court’s decision, in order to ensure its implementation and counter the opposition from conservative actors working in State institutions, as well as for the active role played by the Court in that process. Based on fieldwork carried out in Colombia in 2013, this article analyzes the process of progressive implementation and reactionary backlash after Decision C-355/2006, with an emphasis on strategic litigation by the feminist movement and subsequent decisions by the Constitutional Court, which consolidated its jurisprudence in the field of abortion rights. It highlights the role of both feminists and of conservative activists within State institutions as opposing social movements, and the dynamics of political and legal mobilization and counter-mobilization in that process.Fil: Ruibal, Alba. Consejo Nacional de Investigaciones Científicas y Técnicas; ArgentinaTaylor & Francis2014-12info:eu-repo/semantics/articleinfo:eu-repo/semantics/publishedVersionhttp://purl.org/coar/resource_type/c_6501info:ar-repo/semantics/articuloapplication/pdfapplication/pdfhttp://hdl.handle.net/11336/34525Ruibal, Alba; Movement and counter-movement: a history of abortion law reform and the backlash in Colombia 2006-2014; Taylor & Francis; Reproductive Health Matters (print); 22; 44; 12-2014; 43-510968-8080CONICET DigitalCONICETenginfo:eu-repo/semantics/altIdentifier/doi/10.1016/S0968-8080(14)44803-1info:eu-repo/semantics/altIdentifier/url/http://www.tandfonline.com/doi/full/10.1016/S0968-8080%2814%2944803-1info:eu-repo/semantics/openAccesshttps://creativecommons.org/licenses/by/2.5/ar/reponame:CONICET Digital (CONICET)instname:Consejo Nacional de Investigaciones Científicas y Técnicas2025-09-29T09:45:56Zoai:ri.conicet.gov.ar:11336/34525instacron:CONICETInstitucionalhttp://ri.conicet.gov.ar/Organismo científico-tecnológicoNo correspondehttp://ri.conicet.gov.ar/oai/requestdasensio@conicet.gov.ar; lcarlino@conicet.gov.arArgentinaNo correspondeNo correspondeNo correspondeopendoar:34982025-09-29 09:45:57.172CONICET Digital (CONICET) - Consejo Nacional de Investigaciones Científicas y Técnicasfalse
dc.title.none.fl_str_mv Movement and counter-movement: a history of abortion law reform and the backlash in Colombia 2006-2014
title Movement and counter-movement: a history of abortion law reform and the backlash in Colombia 2006-2014
spellingShingle Movement and counter-movement: a history of abortion law reform and the backlash in Colombia 2006-2014
Ruibal, Alba
Constitutional Law
Jurisprudence
Abortion Law And Policy
Advocacy And Political Process
title_short Movement and counter-movement: a history of abortion law reform and the backlash in Colombia 2006-2014
title_full Movement and counter-movement: a history of abortion law reform and the backlash in Colombia 2006-2014
title_fullStr Movement and counter-movement: a history of abortion law reform and the backlash in Colombia 2006-2014
title_full_unstemmed Movement and counter-movement: a history of abortion law reform and the backlash in Colombia 2006-2014
title_sort Movement and counter-movement: a history of abortion law reform and the backlash in Colombia 2006-2014
dc.creator.none.fl_str_mv Ruibal, Alba
author Ruibal, Alba
author_facet Ruibal, Alba
author_role author
dc.subject.none.fl_str_mv Constitutional Law
Jurisprudence
Abortion Law And Policy
Advocacy And Political Process
topic Constitutional Law
Jurisprudence
Abortion Law And Policy
Advocacy And Political Process
purl_subject.fl_str_mv https://purl.org/becyt/ford/3.3
https://purl.org/becyt/ford/3
dc.description.none.fl_txt_mv In 2006, the Constitutional Court of Colombia issued Decision C-355/2006, which liberalized the country’s abortion law. The reform was groundbreaking in its argumentation, being one of the first judicial decisions in the world to uphold abortion rights on equality grounds, and the first by a constitutional court to rule on the constitutionality of abortion within a human rights framework. It was also the first of a series of reforms that would liberalize the abortion regulation in four other Latin American countries. The Colombian case is also notable for the process of strategic litigation carried out by feminist organizations after the Court’s decision, in order to ensure its implementation and counter the opposition from conservative actors working in State institutions, as well as for the active role played by the Court in that process. Based on fieldwork carried out in Colombia in 2013, this article analyzes the process of progressive implementation and reactionary backlash after Decision C-355/2006, with an emphasis on strategic litigation by the feminist movement and subsequent decisions by the Constitutional Court, which consolidated its jurisprudence in the field of abortion rights. It highlights the role of both feminists and of conservative activists within State institutions as opposing social movements, and the dynamics of political and legal mobilization and counter-mobilization in that process.
Fil: Ruibal, Alba. Consejo Nacional de Investigaciones Científicas y Técnicas; Argentina
description In 2006, the Constitutional Court of Colombia issued Decision C-355/2006, which liberalized the country’s abortion law. The reform was groundbreaking in its argumentation, being one of the first judicial decisions in the world to uphold abortion rights on equality grounds, and the first by a constitutional court to rule on the constitutionality of abortion within a human rights framework. It was also the first of a series of reforms that would liberalize the abortion regulation in four other Latin American countries. The Colombian case is also notable for the process of strategic litigation carried out by feminist organizations after the Court’s decision, in order to ensure its implementation and counter the opposition from conservative actors working in State institutions, as well as for the active role played by the Court in that process. Based on fieldwork carried out in Colombia in 2013, this article analyzes the process of progressive implementation and reactionary backlash after Decision C-355/2006, with an emphasis on strategic litigation by the feminist movement and subsequent decisions by the Constitutional Court, which consolidated its jurisprudence in the field of abortion rights. It highlights the role of both feminists and of conservative activists within State institutions as opposing social movements, and the dynamics of political and legal mobilization and counter-mobilization in that process.
publishDate 2014
dc.date.none.fl_str_mv 2014-12
dc.type.none.fl_str_mv info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
http://purl.org/coar/resource_type/c_6501
info:ar-repo/semantics/articulo
format article
status_str publishedVersion
dc.identifier.none.fl_str_mv http://hdl.handle.net/11336/34525
Ruibal, Alba; Movement and counter-movement: a history of abortion law reform and the backlash in Colombia 2006-2014; Taylor & Francis; Reproductive Health Matters (print); 22; 44; 12-2014; 43-51
0968-8080
CONICET Digital
CONICET
url http://hdl.handle.net/11336/34525
identifier_str_mv Ruibal, Alba; Movement and counter-movement: a history of abortion law reform and the backlash in Colombia 2006-2014; Taylor & Francis; Reproductive Health Matters (print); 22; 44; 12-2014; 43-51
0968-8080
CONICET Digital
CONICET
dc.language.none.fl_str_mv eng
language eng
dc.relation.none.fl_str_mv info:eu-repo/semantics/altIdentifier/doi/10.1016/S0968-8080(14)44803-1
info:eu-repo/semantics/altIdentifier/url/http://www.tandfonline.com/doi/full/10.1016/S0968-8080%2814%2944803-1
dc.rights.none.fl_str_mv info:eu-repo/semantics/openAccess
https://creativecommons.org/licenses/by/2.5/ar/
eu_rights_str_mv openAccess
rights_invalid_str_mv https://creativecommons.org/licenses/by/2.5/ar/
dc.format.none.fl_str_mv application/pdf
application/pdf
dc.publisher.none.fl_str_mv Taylor & Francis
publisher.none.fl_str_mv Taylor & Francis
dc.source.none.fl_str_mv reponame:CONICET Digital (CONICET)
instname:Consejo Nacional de Investigaciones Científicas y Técnicas
reponame_str CONICET Digital (CONICET)
collection CONICET Digital (CONICET)
instname_str Consejo Nacional de Investigaciones Científicas y Técnicas
repository.name.fl_str_mv CONICET Digital (CONICET) - Consejo Nacional de Investigaciones Científicas y Técnicas
repository.mail.fl_str_mv dasensio@conicet.gov.ar; lcarlino@conicet.gov.ar
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