Using constitutional courts to advance abortion rights in Latin America

Abstract

Over the past two decades, the abortion rights controversy has become the most prominent field of dispute between feminists and religious conservatives across Latin America. In this context, the political branches of government have generally been reluctant to change the region’s restrictive legal frameworks around abortion. Since the mid-2000s, Latin American feminists have turned to the courts in search of long-pursued reforms in this field. Through an analysis of the role of constitutional courts in the liberalization of abortion laws in Colombia, Brazil, Argentina, and Mexico, this study points out the diverse ways in which courts have contributed to the advancement of abortion rights, becoming alternative venues for feminist advocacy in Latin America. It highlights how courts have been used to liberalize abortion laws, ensure the implementation of existing abortion laws, and deter backlash processes. Furthermore, it details how courts have offered a platform for public debate on abortion. The study’s findings show that the judicial system can be a favorable forum for feminist activism in Latin America when access to other institutions is blocked. The findings also add nuance to the critique of the use of courts for social change, which stresses the pernicious consequences of the judicialization of social movements.