Colombia

A twelve-year-old girl requested voluntary termination of pregnancy after having consensual sex with her boyfriend on the grounds that her mental and physical health, particularly with respect to the effects from obstetric complications, were in jeopardy as a result of the pregnancy. The healthcare provider denied her request, despite the fact that the request fulfilled legal requirements, on the grounds that the medical certificate to the girl’s health conditions was issued by a doctor who did not belong to the same healthcare provider network as the girl’s healthcare network.

The Court affirmed that an employer is not only constitutionally-required to provide adequate maternal leave for pregnant workers, but also bound by regional and international treaties to which Colombia is a signatory, such as the Additional Protocol to the American Convention on Human Rights  ("Protocol of San Salvador").

The Court ordered defendant, a health-care provider, to provide a mentally and physically-disabled woman with an abortion after she became pregnant from nonconsensual sexual intercourse. The Court held that because of her mental disability, the woman's parents could request the abortion, despite the fact that the woman was 24-years old. The Court also held that the rape need not have been reported to the authorities, as was argued by the defendant.

The defendant was convicted on charges of domestic violence and sentenced to 72 months of imprisonment. The plaintiff accompanied a friend to the bus station, where the defendant, her ex- partner, insulted and physically attacked her. One of the plaintiff’s daughters intervened and the defendant ceased. The defendant appealed his conviction and requested judicial review on the grounds that they were no longer a couple, therefore, the conduct did not qualify as domestic violence.

The case concerned maternity leave. In this case, the plaintiff gave birth to a premature baby in the 32^nd week of pregnancy. The Colombian Labor Code provides a regular maternity leave of 14 weeks, however, the court ruled that the terms must be extended in cases of premature births since the babies are highly prone to health complications and, therefore, are subject to special constitutional protection. According to the Constitutional Court, maternity health care is not limited to the period of gestation and birth.