Abstract

MOLINA BETANCUR, Carlos Mario  and  ROLDAN GUTIERREZ, Sergio. La distancia entre el discurso jurídico y la práctica del aborto en Colombia. Opin. jurid. [online]. 2006, vol.5, n.10, pp.15-31. ISSN 1692-2530.

The original conception of the Constitutional Court, concerning if the nasciturus possesses or not the absolute right to life, has been changing gradually while sentences that have studied the theme have been passing. There has not been taken the idea of considering that the right to life is possessed like all the fundamental rights from birth; nevertheless, in the Court has been gaining space the idea that the right to life of the nasciturus, if it possesses it, is not absolute and that is the reason why in occasions It must give way to the woman's rights. 'The right to abort' and 'Tolerance in philosophical discourse and the use of liberal thought in Latin America' are two academics research where seek the use of the term 'tolerance' in the different sectors of power in the society and as an argument of acceptance of the 'Other'. It is a particularly problematic that Colombia admits the abort like a tolerance in a positive sense, this because the influence of religious discourse is so strong that affect the political decisions still in decline with the public policy of health. For this reason, it is necessary to elaborate a conciliating discourse between the political statement and the dogmatic pronouncements of the Catholic Church in Colombia, about the abort.

Keywords : Abortion; Right to abort; Tolerance; personal freedom; Free development of personality; political discourse; religious discourse; right to equality.

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