Abstract

VIVAS-BARRERA, Tania Giovanna. The Place of Comparative Law in the Decriminalization of Abortion in the Global South. Cuest. Const. [online]. 2023, n.49, pp.457-487.  Epub Aug 05, 2024. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2023.49.18591.

The constitutional debate on recognizing the innominate right to abortion and the weighted diminution of the right to life of the nasciturus seems not to diminish with the passage of time after decades of historical rulings. After 15 years of the iconic sentence of the Colombian Constitutional Court, the constitutional debate has been opened with new demands invoking a review of the position of the constitutional court that once accepted the decriminalization of the crime of abortion in certain circumstances. Comparative law has been a fundamental part of the constitutional controversy in the countries of the global south, as well as the transcendence of foreign decisions in the local decision, so the comparative methodology and the judicial dialogue will be the heart and beat of this article.

Keywords : abortion; judicial dialogue; global south; comparative law; comparative constitutional law.

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