Do Not Interrupt the Law: The National Health Superintendency’s Purview on the Right to Choose
Annika Dalén, Nina Chaparro González | February 11, 2015
This document seeks to contribute new arguments to advance the debate about the implementation of guarantees to the right to choose in Colombia, overcoming the two obstacles outlined in the report.
This document aims to advance the debate on the guarantees for the implementation of the right to voluntarily end pregnancy in Colombia, explaining how to overcome two obstacles. We seek to show that the normative dispersion and confusion about the scope of the Constitutional Court decisions that make it possible to interrupt a pregnancy can be overcome by an expedited and novel legal way . Specifically, we propose to revise with a magnifying glass the power to issue instructions from the National Superintendence of Health, a function through which this entity can collect the mandates given by the Constitutional Court regarding voluntary interruptions and socialize them to its monitored entities, fulfilling their legal obligations without usurping the regulatory power of the Executive or Legislative Branch.
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