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Mexico Moves to Decriminalize Abortion at National Level: Supreme Court Ruling and Comparison to US

Mexico confirmed Wednesday its desire to decriminalize abortion at the national level, two years after a first decision by the Supreme Court, against the current of its neighbor, the United States.

Mexico’s Supreme Court has ruled that the “legal system that penalizes abortion in the Federal Penal Code is unconstitutional” because it “violates the human rights of women and people in gestational capacity.”

Just two years ago, on September 7, 2021, the same Supreme Court had already ruled that the criminalization of abortion was unconstitutional.

In doing so, the Court invalidated the article of the Penal Code of Coahuila (one of the 32 states of the Federation) providing for a prison sentence for women who abort voluntarily.

Abortion is already decriminalized in a dozen of the 32 states that make up Mexico.

It all started in 2007 in the capital Mexico City, the first jurisdiction in Latin America to authorize abortion.

In June, the Supreme Court ruled that women could challenge state laws that continue to criminalize abortion.

“All women and people in gestational capacity will be able to have access to abortion in federal health institutions”, welcomed the Information Group for Chosen Reproduction (GIRE).

Mexico, nearly 130 million inhabitants, is an 80% Catholic country. The separation of church and state was proclaimed as early as the Reformation of 1857.

On June 24, 2022, the United States Supreme Court overturned its decision in Roe v. Wade who guaranteed since 1973 the constitutional right of American women to have an abortion, and gave back to each State its freedom to legislate in the matter.

Since then, the country has been split between the twenty states that have banned or strictly restricted access to abortion, mainly located in the south and center of the country, and those on the coasts that have adopted new guarantees.

2023-09-06 21:52:00


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