Abortion in Latin America: Recent Insights from the Judicial Formant

Abstract

Abstract: Abortion in Latin America: Recent Insights from the Judicial Formant – This article examines recent developments in the regulation of abortion in Latin America, focusing in particular on the role of the judicial formant. Through a comparative analysis of selected rulings delivered in 2022, 2023, and 2024 by the constitutional courts of Colombia, Peru, and Mexico, alongside the case law of the Inter-American Court of Human Rights, the contribution shows how courts have played a significant role in shaping standards for the protection of reproductive rights. In a region marked by profound regulatory divergences, case law has become a key factor in redefining the balance between the protection of prenatal life and women’s fundamental rights.

Keywords: Abortion; Comparative law; Inter-American Court of Human Rights; Latin America; Reproductive rights.