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16 Health & Hum. Rts. J. 73 (2014)
Striking a Balance: Conscientious Objection and Reproductive Health Care from the Colombian Perspective

handle is hein.journals/harhrj16 and id is 271 raw text is: 






                                                      Health   and  Human Rights Journal





Striking a Balance: Conscientious Objection

and Reproductive Health Care from the Colombian

Perspective




LUISA CABAL, MONICA ARANGO OLAYA, VALENTINA MONTOYA ROBLEDO




Abstract

     Conscientious Objection  or conscientious refusal (CO) in access to reproductive health care
     is at the center of current legal debates worldwide. In countries such as the US and the UK,
     constitutional dilemmas surrounding  CO  in the context of reproductive health services re-
     veal inadequate policy frameworks  for balancing CO  rights with women's  rights to access
     contraception and  abortion. The Colombian   Constitutional Court's holistic jurisprudence
     regarding CO   standards has applied international human  rights norms  so as to not only
     protect women's reproductive rights as fundamental rights, but to also introduce clear limits
     for the exercise of CO in health care settings. This paper reviews Latin American lines of
     regulation in Argentina, Uruguay,  and Mexico  City to argue that the Colombian   Court's
     jurisprudence offers a strong guidance for future comprehensive policy approaches that aim
     to effectively balance tensions between CO and women's reproductive rights.







LuiSA CABAL, LLB, LLM, is Lecturer-in-Law at Columbia University Law School, New York, NY, USA.
MONICA ARANGOL   AYA, LLB, LLM, is Regional Director for Latin America and the Caribbean at the Center for Reproductive Rights,
Bogota, Colombia.
VALENTINA MONTOYA ROBLEDO, LLB, MA, LLM, is Harvard Law School Kaufman Fellow and Legal Fellow for Latin America and the
Caribbean at the Center for Reproductive Rights, New York, NY, USA.
Please address correspondence to Luisa Cabal. Email: Icabali@columbia.edu.
Competing interests: None declared.
Copyright K 2014 Cabal, Arango Olaya, and Montoya Robledo. This is an open access article distributed under the terms of Creative Commons
Attribution Non-Commercial License (http://creativecommons.org/licences/by-nc/3.0/), which permits unrestricted non-commercial use, distri-
bution, and reproduction in any medium, provided the original author and source credited.


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