Unidad 6 (Sesión 5): Justificación constitucional para la interrupción voluntaria del embarazo

Constitutional Justification for Abortion In this session, Professor Beatriz Ramírez addresses the constitutional justification for the voluntary termination of pregnancy through the application of the proportionality test. She examines the normative conflict between the protection of life from conception and the rights of pregnant people, such as the free development of personality, equality, health, life, integrity, and the right not to suffer cruel, inhuman, or degrading treatment. Based on the Peruvian constitutional framework and binding Inter-American standards, such as the Artavia Murillo v. Costa Rica case before the Inter-American Court of Human Rights, she demonstrates that prenatal protection is not absolute. Finally, it is concluded that the proportionality test offers a methodological framework for weighing the rights at stake and justifying different regulatory scenarios, differentiating the impact of restrictive punitive models versus systems of decriminalization based on time limits or grounds. This material is promoted by the Association of Judges for Justice and Democracy (JUSDEM) and the Peruvian Association of Women Judges (APMJ). Video Chapters 00:00 Introduction 00:24 Analysis of the Proportionality Test I 01:05 Rights of Pregnant Women 06:12 Protection of Life from Conception 07:41 Analysis of the Proportionality Test II 09:25 Legal Regulation of Abortion: Different Options 10:31 Key Ideas