arrest civil-legal-system
it&#39;s not against the constitution to arrest a pregnant woman in Bolivia
<p>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?</p>

<p>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 <a href="https://www.constituteproject.org/constitution/Bolivia_2009.pdf" rel="nofollow noreferrer">Bolivian Constitution</a> limits the president and VP to 2 terms in a row:</p>

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

<p>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.</p>

<p>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).</p>
