El aborto en Latinoamérica : un análisis argumentativo-constitucional.

Abstract

The purpose of this thesis is to analyze the way in which constitutional courts in Latin America have decided on abortion, to determine where the weight of the reasons given lies and thus to know where their reasoning leans. For this purpose, the period chosen was from 2007 to 2021; and one sentence was analyzed per selected country: Argentina, Colombia, Ecuador, El Salvador and Mexico. To this end, the reasons that constitutional courts use to support their decisions have been identified and categorized according to two classifications: the one made by Summers, to differentiate them between authoritative and substantive reasons -the institutional ones will not be considered for this paper-; and, according to their weight or force, distinguishing between peremptory and non-peremptory reasons. This analysis leads to the conclusion that, in constitutional decisions on abortion, the weight of the reasons must be based on the values and principles to be protected in order to guarantee women's rights.