The unconstitutionality of the abortion in light of the sentencing purposes
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Keywords
Abortion, constitutionality, human dignity, purposes of punishment, necessity, proportionality.
Abstract
This text analyses the constitutionality of the crime of abortion considering the objectives of punishment in the Colombian legal system. This is done considering the limits established by the Constitutional Court regarding the freedom of legislative configuration in criminal matters, especially the principles of necessity and proportionality. The objectives of punishment are also explained since the analysis of the principles are based on them. Finally, the crime of abortion is analyzed under these principles, and it is concluded that this crime is unconstitutional because it doesn’t pass the proportionality test.
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