Abstract:
If applied in isolation from the fundamental rights of women seeking abortion services,
the right to conscientious objection can render any given rights to abortion
illusory, including the rights to health, life, equality and dignity that are attendant
to abortion. A transformative understanding of human rights requires that the
right to conscientious objection to abortion be construed in a manner that is subject
to the correlative duties which are imposed on the conscientious objector, as well as
the state, in order to accommodate women’s reproductive health rights. In recent
years, the Colombian Constitutional Court has been giving a judicial lead on the
development of a right to conscientious objection that accommodates women’s
fundamental rights. This article reflects on one of the court’s decisions and draws
lessons for the African region.
