THE TRIBUNAL DECLARES THE MORNING-AFTER PILL UNCONSTITUTIONAL STATING THAT IT VIOLATES THE RIGHT TO LIFE AS IT IS POSSIBLE THAT IT PREVENTS THE IMPLANTATION OF A FERTILIZED EGG IN THE UTERUS.

Judges: Raúl Bertelsen Repetto, Mario Fernández Baeza, Marcelo Venegas Palacios, Juan Colombo Campbell (dissenting), Hernán Vodanovic Schnake (dissenting), Jorge Correa Sutil (dissenting), Francisco Fernández Fredes (dissenting), José Luis Cea Egaña, Marisol Peña Torres.

On March 5, 2007, 36 representatives filed a petition before the Constitutional Tribunal requesting that certain provisions of the Decree titled "National Provisions Regulating Fertility" were declared unconstitutional.

The representatives challenged the section referring to Hormonal Emergency Contraception (morning-after pill) and Non-hormonal contraception and IUD arguing that they are abortive methods and therefore violate the constitution. Additionally, they also challenged the section referring to the provision of confidential counseling to adolescents, which does not require knowledge or consent by the parents, stating that it violates the right to life.

After considering multiple third-party intervention, including that of the President who submitted an opinion favoring the challenged provisions, the Tribunal declared unconstitutional the section allowing for the provision of emergency contraception to both adults and adolescents, stating that it violates the right to life since a potential effect of the morning-after pill is preventing the implantation of a fertilized egg.

The Tribunal rejected the other claims.