Algunas consideraciones respecto del fallo del Tribunal Constitucional chileno relativo a la distribución de la “píldora del día después”

What is it about?

In this paper, we explain why the Chilean Constitutional Court cab decide about some constitutional issues regarding the Chilean Norms on Fertility, especially the distribution of emergency contraceptive pills. In this case, the Constitutional Court decided that the norms of the Supreme Decree N° 48, dated January 26, 2007, from the Ministry of Health are from the judicial point of view incompatible with constitutional norms. The second issue addressed is who has the proof charge. We think that what should be proved are positive facts, and who has to prove them is who clame those facts. Therefore, we think that the Constitutional Court have asked the petitioner to prove that levonorgestrel impides the implantation of a fertilized ovule and not asked the respondent to prove a negative fact, that is, that this product does not impide the implantation. We reflect also on some imprecisions of the decision, such as those regarding the starting point of human life and the constitutionalism of the advice given to minors

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