The fundamental ius sense of de conscientious objection to abortion against the right to sexual and reproductive health in Ibero-America: jurisprudential perspective

Authors

  • Santiago Leyra-Curiá Universidad Villanueva de Madrid

DOI:

https://doi.org/10.18042/cepc/aijc.25.12

Abstract

This article aims to assess the fundamental legal sense of the OCI to abortion in Ibero-America against which it seems to claim the right to sexual and reproductive health reflected in the jurisprudence of recent years. For which, all the laws of the Ibero-American countries related to abortion are briefly studied, distinguishing those states in which it is legalized from those in which it is not, going on to briefly study the conscience clauses that protect health personnel and/ or or to health institutions. It is pointed out how it is not demonstrated that the most protective legal clauses correlate with the countries with the most deaths of pregnant women, trying to deny the relation of conscientious objection to abortion with the violation of the right to life of these women. This allows us to affirm that the OCI to abortion by health personnel is really a manifestation of the exercise of a fundamental right that is exercising a prophetic function (from the sociological point of view) and of fundamental legal guarantee.

Published

2021-12-28