Sentencia C-355 de 2006: the three grounds for abortion
- Court ruling
In 2006 the Constitutional Court ruled that abortion is not a crime in three cases: risk to the woman, severe fetal anomaly, or rape.
What it is
In Ruling C-355 of 2006, the Constitutional Court held that voluntary termination of pregnancy (IVE) is not a crime, with the woman's consent, in three cases: when the pregnancy endangers her life or health, when a fetal anomaly makes the fetus's life unviable, and when the pregnancy results from rape, non-consensual insemination or embryo transfer, or incest. It also held that conscientious objection is individual, not institutional, and that the objector must refer the woman.
What the Court decided
- It conditionally upheld art. 122 of the Penal Code (Law 599 of 2000): there is no crime of abortion, with the woman's consent, in the three grounds.
- Ground 1: continuing the pregnancy endangers the woman's life or health, certified by a doctor.
- Ground 2: a severe fetal anomaly that makes its life unviable, certified by a doctor.
- Ground 3: the pregnancy results from duly reported non-consensual or abusive intercourse or sexual act, non-consensual artificial insemination or transfer of a fertilised egg, or incest.
- Conscientious objection: only natural persons may invoke it, not legal persons or the State; a doctor who objects must refer the woman at once to another professional who can perform the procedure.
Background
- Before 2006 the Penal Code punished abortion in every case.
- The challenge asked the Court to strike down the total ban; the Court found it disproportionate in these three situations.
In clinical practice
- Resolution 051 of 2023 (art. 7) accepts that the risk to life or health may be certified by a doctor or a psychologist.
- The three grounds still apply after week 24 (Ruling C-055 of 2022).
- Requiring extra conditions, such as third-party authorisations or boards that delay care, is a prohibited barrier.
Status and official text
- Official text checked on 2026-11-05 at corteconstitucional.gov.co (relatoría).
- Ruling C-055 of 2022 widened the framework: abortion is punishable only after week 24, and the three C-355 grounds remain with no time limit.
- Ministry of Health Resolution 051 of 2023 adopted the single regulation of IVE care, in line with Rulings C-355 of 2006, SU-096 of 2018 and C-055 of 2022.
- Ruling T-388 of 2009 developed the rules on conscientious objection in IVE.
Test yourself
Think of the answer, then tap the question to see it.
What are the three grounds of Ruling C-355 of 2006?
Danger to the woman's life or health; a severe fetal anomaly that makes its life unviable; and pregnancy from rape, non-consensual insemination or transfer, or incest.
Can a hospital declare itself a conscientious objector to IVE under C-355 of 2006?
No. Conscientious objection is a right of natural persons, not of legal persons.
What must a doctor who objects to an IVE on grounds of conscience do?
Refer the woman at once to another professional who can perform the procedure.
Which article of the Penal Code did Ruling C-355 of 2006 review?
Article 122 of Law 599 of 2000, which defines the crime of abortion.
Connections
Educational content on ethics and health law; not legal advice. Laws and case law change: each page links the official text and says when it was last checked. For a real case, read the text in force and ask a lawyer or the medical ethics tribunal.
Sources: Sentencia C-355 de 2006 (Corte Constitucional de Colombia, 2006); Resolución 051 de 2023, regulación única para la atención integral en salud frente a la interrupción voluntaria del embarazo (Ministerio de Salud y Protección Social, 2023).
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