Evolución jurisprudencial de la corte constitucional respecto a la fertilización In Vitro y el derecho a conformar una familia

Abstract

This article examines the evolution of the Honorable Constitutional Court of Colombia in its jurisprudence, regarding the fundamental nature of sexual and reproductive rights in Colombia, specifically, in Assisted Human Reproduction (ART) Techniques, and within these, In vitro fertilization (IVF). For the above, the jurisprudential line methodology is applied in the pronouncements made by the high court, concluding that, although initially it was completely reluctant to recognize, by way of guardianship, the right to access treatments considered as TRA , through a landmark decision, it was ended by separating from the precedent jurisprudential to recognize that there are specific cases in which these procedures can be ordered, in order to guarantee the sexual and reproductive rights of citizens and the lack of part of the state to give progressive treatment to these violated rights.