Judge and your participation in one case
Can Juana be forced to finish her pregnancy under the assumption that she is a minor (14 years), she was the product of a violation, Juana has a mental condition such as bipolar disorder with limit personality and is also a resident of street? Why? As a judge, we consider that Juana will be made to Juana under the assumptions. Being a minor and having the status of a subject of special protection, it is the duty of the State (represented by this official) the integral protection of the child, as well as the materialization of principles such as the observation of the best interests of children and adolescents (NNA) and the prevalence of the rights of the NNA (arts. 7, 8 and 9 of the CIA and 44 of the Political Constitution of Colombia).
It is necessary to take into account the co -responsibility between family, state and society with respect to comprehensive protection to minors and parental responsibility (headed by those who hold the homeland about the minor). Consequently, it is observed that, in view of the protection of the fundamental rights of the NNA, indicated in article 44 of the Charter, rights as to physical integrity, health, care, life that according to judgment C– 355/2006; “The legal system, although it is true, that gives protection to Nasciturus, does not grant it in the same degree and intensity as the human person."It should be noted that, refers to the above, because, we must bear in mind that in observance to Juana’s best interests, her life should prevail as it is a risky pregnancy.
Also, it can be evidenced that the aforementioned article of the Charter as well as article 12 of the Convention on the Rights of the Child, speaks of the right to freedom that the NNA expresses its opinion, and that it be taken into account when making decisions that affect it; It must be understood that this precept is not absolute because, for this, the child’s age and maturity must be taken into account. In this sense, we must bear in mind that, Juana holds another special condition – apart from being a minor – and is that, she is diagnosed with a bipolarity and personality disorder, and that, she is also in a street situation , since it does not want to live in a house, so this judge cannot consider decision making.
For its part, it corresponds to a logical exercise of dimension It must meet a reasoning, and the weighting of benefits or not of the same by the person who consciously opts for one or another decision due to this logical process, in such a way that such decision is maintained and that, such determination Do not product an irreflexive or precipitous situation. In addition to the above, it should be noted that Juana is in the frame.
Yes when the continuation of pregnancy constitutes a danger to the life or health of women considering that Juana’s pregnancy constitutes a high -risk pregnancy and, when pregnancy is the result of behavior, constitutive of carnal access or sexual act without consent, abusive, etc., since it could be determined that her pregnancy was the product of a rape. In response to the above, it is the legal representative of the minor who can authorize the realization of such a procedure, under the figure that the doctrine has called as substitute consent. In this case, Georgina can authorize Juana to be made to Juana, since this judge considers that she is a manifestation of the exercise of parental rights.
Through which Georgina aims made the best decision for her. Can Juana be considered as a vulnerable person? Why? Yes, since we see that several situations such as being a subject of special constitutional protection concur because it is a minor, in addition to being a person with a mental disability, since it has been diagnosed with a bipolarity and bipolarity disorder Personality, and, coupled with the above for being in street situation. In her condition, what rights should be protected to Juana? Can she exercise them? How?
Juana, according to article 44 of the Constitution, fundamental rights such as life, physical integrity, health and care must be protected. Also, its harmonic and comprehensive development must be guaranteed. Similarly, Juana should be protected the rights established in articles 17 "Right to life, to the quality of life and a healthy environment" and 36 "rights of children and adolescents with disabilities" of the code of code Childhood and adolescence as the other principles that seek the integral protection of minors. In this sense, it is to be recognized, that, according to article 7 of the Code of Children and Adolescents, children and adolescents are subject to rights, and are also subjects of special constitutional protection.
In turn, recognized as such by the different international instruments, and to whom the Colombian State must guarantee the materialization and fulfillment of all the guarantees that are due to the same. Being a minor, it means that it has the capacity to enjoy, but not that of exercise, therefore, therefore, Juana if they can exercise their rights, but the way in which they are exercised depends, since, it can sometimes exercise them By itself and others through their legal representatives or guardians, it should be noted that, this exercise can meet the criterion of progressive capacity in which, there are certain acts that although the person is a minor, is enabled to carry it out in Attention to your age and degree of maturity.