DOI: 10.17151/jurid.2024.21.1.2
How to Cite
Cabrera-Peña, K. I., Navarro-Reyes, D., y Woolcott-Oyague, O. (2024). The materialization of damage caused by contraceptive methods in Colombia and an approach to comparative experience. Jurídicas, 21(1), 23–41. https://doi.org/10.17151/jurid.2024.21.1.2

Authors

Karen Isabel Cabrera-Peña
Universidad del Norte
cabrerak@uninorte.edu.co
https://orcid.org/0000-0003-1285-5500
Perfil Google Scholar
Olenka Woolcott-Oyague
Universidad Católica de Colombia y Universidad Colegio Mayor de Cundinamarca
olenka.woolcott@gmail.com
https://orcid.org/0000-0003-4709-2945
Perfil Google Scholar

Abstract

In the exercise of the right to reproductive freedom, all people have the power to choose if they want to form a family, when to do so, and how to avoid it if they so wish. For civil liability, when the freedom to conceive is truncated by a failed contraceptive method, new compensation scenarios arise in which it is not yet clear how they materialize. In this way, uncertainty arises about who should assume the risk of conceiving as a consequence of having sexual relations with the use of contraceptive methods, whether the pharmacist or company that develops the method, the doctor who formulates and adapts the contraceptive method or the sexual partner. It also represents a challenge of proof and judicial assessment of the announced efficacy of the contraceptive method and the medical technique used, in order to determine the liability and the amount to be compensated. Taking into account the foregoing, this article presents a jurisprudential analysis on the subject in Colombia, where the decisions aim to the assessment of the damage in the protection of that reproductive freedom which implies the freedom to procreate, the freedom to decide or plan offspring, a position that adds to others that arise in comparative experience.

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