By Bradford Short, JD
( NEW YORK — C-FAM) The Friday Fax has recently learned that last year’s controversial judgment of the Constitutional Court of Colombia, legalizing abortion in cases of forced pregnancy, fetal malformation and endangerment of the life of the mother, repeatedly cites pro-abortion-rights misinterpretations of international law.
The Court’s decision, issued on May 10, 2006, was widely celebrated by radical non-governmental organizations (NGOs) throughout the world. Monica Roa, the abortion-rights lawyer who brought the case before the Court, worked at the radical NGO Women's Link Worldwide at the time of the judgment, and she had been employed at the Center for Reproductive Rights (CRR) from 2000 to 2002. CRR is the most prominent America-based NGO to advocate for abortion as a right protected by international law which overrides all national laws all around the world. Because of these circumstances, many observers believed that the Court’s judgment had probably endorsed this pro-abortion-rights view of international law.
Analysis of the Court’s 650+ page judgment, recently obtained by the Friday Fax, supports this belief. The Court’s judgment repeatedly cites international treaties, United Nations conference outcome documents and other international documents that are routinely misread by the radical NGOs as protecting abortion rights. Perhaps the most disturbing portion of the Court’s opinion is the section that quotes the entirety of a legal opinion of the Attorney General of Colombia, who is tasked with writing authoritative opinions for the Court in cases where laws might be struck down.
The Attorney General’s opinion states that Colombia is bound by the recommendations of UN compliance committees. He wrote specifically that Colombia is bound by “the recommendations made by the international authorities in charge of overseeing compliance by” Colombia with the “Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).”
The CEDAW committee, which the Attorney General is referring to, has repeatedly ordered nations that have ratified CEDAW to either eliminate or weaken their laws against abortion even though the CEDAW treaty is silent on abortion and silent even on “reproductive health,” the phrase that is stealthily used to promote abortion.
The Attorney General also cites opinions of the UN Human Rights Committee, the Committee on the Rights of the Child and the Inter-American Commission on Human Rights, all of which advise nations to move towards legalized abortion even though these treaties are also silent on abortion. The Attorney General goes on to say that making new Colombian human rights from the opinions of UN compliance committees is part of “the highest interpreting authority of the” Court.