THE JUDICIALIZATION OF ABORTION IN LATIN AMERICA AND THE LIMITS OF CITIZENSHIP

Resumen

The judicialization of politics in Latin America has given several
supreme/constitutional courts sufficient autonomy to immerse themselves
fully in national debates around reproductive rights. This article presents
an analysis of this phenomenon focusing on four high-court rulings in
Argentina, Colombia, Mexico and Costa Rica. It analyzes the arguments
these tribunals have advanced for or against abortion in order to establish
how much they have expanded gender equality. Thinking in historical terms,
we are interested in assessing how close these arguments have, or not,
resolved what Reva Siegel has called “the woman question:” The inclusion
of women as subjects with full rights necessary to enjoy full citizenship.
Our analysis suggests that in the Argentine, Mexican and Colombian cases,
and despite important differences, the rulings made important strides in
advancing equal citizenship, thereby pushing democratization further by
expanding its limits. In the three cases the woman question is partially
resolved (since there are still limitation on abortions). The Costa Rican
case is diametrically opposed insofar as it prioritizes the right to life of the
unborn, beyond any woman’s right, and limits the right to abortion, except
when her physical health or life is in danger.