Reproductive Health and Constitutionalism in Latin America: A Research Agenda

June 24, 2026 - 07:18

Veronica Undurraga, a professor at the Faculty of Law of Universidad Adolfo Ibanez, has put forward a new research agenda examining the intersection of reproductive health and constitutionalism across Latin America. Her work focuses on how legal frameworks in the region have evolved to address issues such as abortion access, maternal health, and bodily autonomy within the context of constitutional law.

The research agenda highlights a growing tension between progressive judicial decisions and conservative backlash in several countries. In recent years, courts in nations like Colombia and Argentina have expanded reproductive rights through landmark rulings, while other jurisdictions have moved to restrict them. Undurraga argues that this dynamic creates a rich field for comparative study, particularly regarding how constitutional courts interpret rights to health, life, and equality.

Her approach moves beyond simple legal analysis to consider the social and political forces shaping these outcomes. She examines how social movements, religious institutions, and international human rights norms influence constitutional interpretation. The agenda also questions whether Latin American constitutionalism offers a distinct model for balancing competing rights claims in reproductive health, separate from frameworks in Europe or North America.

Undurraga emphasizes that the region's experience with authoritarian pasts and democratic transitions has uniquely shaped its constitutional debates. She calls for scholars to pay closer attention to how legal doctrines either protect or fail to protect vulnerable populations, including women, girls, and LGBTQ+ individuals. The research aims to provide a roadmap for understanding how constitutional law can adapt to emerging reproductive technologies and changing social norms without losing sight of fundamental rights protections.