In Bolivia my liberal party is about to make it illegal to arrest an pregnant woman and I am wondering if this goes against the portion of our Constitution that talks about equity before the law. Can anybody tell me if this is constitutional without modifying the Bolivian Constitution?

  • 3
    You have to tell us which country. It's not the US, so you don't want an answer based on US law.
    – user6726
    Oct 31 '18 at 17:03
  • I am in bolivia, but in almost evey roman based law it say the same "All are equal before the law and are entitled without any discrimination to equal protection of the law."
    – mark
    Oct 31 '18 at 17:08
  • How do they plan on dealing with cases such as the pregnant woman committing murder, etc.?
    – JAB
    Nov 2 '18 at 6:43
  • Im wondering that too
    – mark
    Nov 3 '18 at 0:42

It is difficult to say for sure. The Tribunal Supremo de Justicia would decide the constitutionality of such a law, and it's not possible to predict how they would rule. Article 168 of the Bolivian Constitution limits the president and VP to 2 terms in a row:

The period of the mandate of the President or Vice President is five years, and they may be reelected once for a continuous term

but a 11 months ago the court ruled (ruling not available anywhere that I find), but based on news reports) that this clause is contrary to a requirement under the American Convention of Human Rights that there is a protected right to be re-elected. While Art. 168 is pretty clear to me, the TSJ appears to follow different rules in interpreting the Constitution of Bolivia.

The law itself may set forth the constitutional basis for such a law. One might conjecture a connection with Art. 18 regarding health. The court seems to not have ruled on the person status of an embryo or fetus, so it could be reasoned that arresting a pregnant woman entails arresting an innocent person (which could be unconstitutional).

  • 1
    tjs has already stated that abortion is a right of a raped woman and with that logic we cannot consider a fetus a person with rights to be innocent or have live more than a piece of meat a woman wants to be removed so we are left with a health issue but ever the jail has medical care where a pregnant woman can be take care of her situation so I dont think there will be a risk for her health there
    – mark
    Oct 31 '18 at 22:48

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