Carlos Garcia Jaramillo 11B Sentencia T-388/09 ABORTO INDUCIDO POR MALFORMACION DEL FETOAprobacin conforme a la sentencia C-355

de 2006 CONSTITUCION POLITICA VIGENTE-Proteccin general a la vida/DESPENALIZACION DEL ABORTO-Excepcin para proteger derechos fundamentales de la mujer ABORTO-Procedencia cuando embarazo es resultado de acceso carnal o acto sexual sin consentimiento, inseminacin artificial o transferencia de vulo fecundado no consentidas ABORTO-Exigencia de denuncia cuando embarazo es resultado de incesto, acceso carnal o acto sexual sin consentimiento, inseminacin artificial o transferencia de vulo fecundado no consentidas ABORTO-Procedencia cuando est en riesgo la salud fsica o mental de la madre ABORTO-Exigencia de certificacin mdica cuando embarazo constituye peligro para la vida o la salud de la mujer o exista grave malformacin del feto que haga inviable su vida
Abortion is the removal of an embryo or fetus from the uterus in order to end a pregnancy (dictionary. Reference). This act has different reasons to occur, as it is explained in the four cases that the law accepts an abortion, these four scenarios, as follows when a woman is raped and she gets pregnant, that the mother is in risk of being physical or psychological affected, or that there is a bad formation of the fetus. These is what the law says it is acceptable, but for this to happen it has to be a whole process of investigation and it also includes a third person, like the doctor who is asked to do the procedure of the abortion, he might say no because of his moral believes. So having an abortion is not that easy because it requires a lot of evidence.

From the objective point of view, the law is correct showing these four case scenarios that happen every time and that it can prevent some injuries of the woman that is passing through this situation. All the persons has the rights to choose what to do with their bodies and what will happen to them in the future, in this case having a baby changes their future. Seeing this law it is clear that it is from the positive law, because it describes what should be done, in this case they show what should be done if one of these four cases happens, and it has no moral values connected to the law, it is just what the normativity is, seeing the law by right; wrong; duty. The right thing is that if the women want to have an abortion and it is because of one of the cases previously exposed, so she should have an abortion, the wrong thing would deny that the women have an abortion because of the moral side, because the judge and the state thinks it is not the right thing to do, and the duty is that the state should protect and veil for the good of their citizens, and if one citizen has passed through this situations the duty of the states is to protect the citizen and making he be the best he can be, even if it ends with the life of another human being( the fetus). From the subjective point of view, I disagree of what the law says because I believe in life and defend it from any case or situation. No human being has the right to end with someones life, because life is a gift of God, and we as human beings dont have any authority about what God has given, in this case life. I understand that the law defends abortion from the point of view in which a woman has suffered and has some traumas or her life is in risk, but what happen if the woman who was rapped has the children and gave it to adoption, she didnt wanted but she gave him or her the right to life and have a future. In the case of the baby who was bad formed and could have trouble living, this case is very close to my family because my cousin when he was just a fetus was diagnosed of bad forming and the doctor suggested to have an abortion, that in this case the law will accept it, but my uncles respect his right of living and decided not to abort, the result was that the doctor made a bad diagnosed and my cousin was born with no problems. This is just an example of respecting life, if my uncles will do what the doctor said my cousin will not have lived. Another example will be the case in

which the mother life is in risk, this happened a lot a few centuries ago, in which mother gave birth in their own houses and many of them died, this shows that since a lot of centuries ago humans respect life, even if they have to give their life to a new life to be born. So to conclude, talking about this contrivers cases is really difficult to get into a conclusion that everyone would be happy, because each person thinks different from the other, so I agree what the law says because it respects and understands the situations a person maybe passing through, in which they try is just to do the duty of the state. Bibliography: corteconstitucional. (s.f.). Recovered the 10 of february of 2013, from http://www.corteconstitucional.gov.co/relatoria/2009/T-388-09.htm Dictionary.reference. (s.f.). Recovered the 10 of february of 2013, from http://dictionary.reference.com/browse/abortion