Eficacia de la sentencia C-055/2022 de la Corte Constitucional respecto de la formulación de una política pública integral sobre el aborto

Abstract

This research analyzes the effectiveness of Judgment C-055 of 2022 issued by the Constitutional Court of Colombia, which decriminalized Voluntary Termination of Pregnancy (VTP) up to the twenty-fourth week of gestation and urged the Congress of the Republic and the National Government to develop a comprehensive public policy ensuring safe, equitable, and barrier-free access to this right. Using a qualitative and documentary-legal approach, the study assesses the degree of compliance with this mandate and the impact of the ruling on the development of normative and administrative measures aimed at protecting sexual and reproductive rights in the country. The analysis is structured around three original dimensions derived from the research process and the interpretation of documentary sources. The reproductive rights dimension examines the jurisprudential evolution of abortion and the consolidation of reproductive autonomy as an expression of dignity and freedom. The institutional or methodological dimension evaluates the actions undertaken by the Executive and Legislative branches—such as Resolution 051 of 2023 and Circular 044 of 2022—revealing partial progress and a persistent legislative omission that limits the ruling’s effectiveness. Finally, the cross-cutting or differential approach dimension addresses territorial, cultural, and socioeconomic inequalities that shape access to VTP, highlighting the need for policies grounded in gender perspective, intersectionality, and social justice. It is concluded that, despite normative progress, the absence of a formal public policy and the lack of institutional coordination hinder the full materialization of Judgment C-055 of 2022, reaffirming the urgency of a comprehensive, effective, and rights-based state implementation.