Cristóbal Rodríguez | Photo: Kelvin de la Cruz
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The constitutional lawyer Cristóbal Rodríguez assured this Thursday that decriminalizing abortion in the three causes is not contrary to the Constitution, as some sectors have argued, since forcing a woman to continue with a pregnancy that puts her life at risk would also be unconstitutional .
“It is a discussion that has been taking place in the country for a long time and what I have been most concerned with in this debate is to reveal the erroneousness of the argument, according to which the decriminalization by the three is contrary to the Constitution. causal, it is an error in the understanding of the Constitution, “he said when asked about his position on the decriminalization of abortion.
During an interview at The Government of the EveningRodríguez explained that it is a mistake because taking the right to life, if it is contrary to the Magna Carta to make the decision to suspend a pregnancy or produce an abortion due to the fact that the woman’s life is at risk, it is also contrary the Constitution requires the female to carry a pregnancy and die.
“So, in those circumstances: what is the decision? You have to make a decision, any of the two decisions made would count the Constitution, but you have to make one,” he said.
In this sense, the lawyer argued that the aforementioned is not a legal issue, but rather a problem that has to do with a moral and ethical worldview, “regarding which, then, the only person who should have the final decision is the woman”.
“The Penal Code has not approved because we have a leading political class that has been unable to put women’s rights to the fore, that is the reality. It is a lack of commitment to women, to women’s rights, to understanding women as fully subject to rights, that is the reason why there has not been a solution to this issue, “he said.
Regarding the intention of the legislators who announced that the new Penal Code will be submitted but without the decriminalization of abortion on the three grounds and create a special law exclusively for that issue, the constitutionalist argued that this is a “discursive trap”, because if There is no consensus to approve said code, which is very important, much less will there be for the causes.
Also, he specified that with this issue the National Congress does not want to risk political capital, but that this is a “miscalculation”, because they are believing something that empirical studies say it is not, because in the most recent polls 70% of the population agrees with decriminalization.
“I believe that an initiative would be valid, we are going to discuss, we are going to put the people to decide the issue of the grounds in a binding referendum, according to the provisions of paragraph five of article 22 of the Constitution,” he emphasized.
He pointed out that leaving the decriminalization of abortion out of the Penal Code is to leave it in the same terms in which it is or even worse, since the provisions of the new code are more drastic, in terms of sanctions against women and who participates in the suspension of pregnancy.
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