A woman who has had an abortion in cases that have been approved by the Supreme Court will no longer be prosecutable.
In a unanimous vote Tuesday September 7, the Supreme Court of Mexico declared unconstitutional the criminalization of the abortion. This will allow Mexicans to have access to this procedure. This decision was described as“Historical”By human rights defenders in this conservative, but very Catholic Latin American nation.
“This is another step in the historical struggle for equality [des femmes], dignity and the full exercise of their rights ”Arturo Zaldivar was declared President of Court.
The Mexican Supreme Court of Justice’s decision comes six days after the Supreme Court of the United States rejected the blocking of a Texas law that prohibits the majority termination of pregnancy in any case, including incest or sexual rape.
For two days, the Supreme Court of Mexico met plenary for the purpose of examining the constitutionality of articles of northern Mexico’s penal code, Coahuila. They punish women who have a baby and can result in sentences of up to three year imprisonment.
The ten present judges unanimously declared these articles unconstitutional, creating a case law that will be used by all courts throughout the country. According to a judicial source, this judgment is indeed of national significance because it will allow women living in states that have made abortion illegal to have abortion by a judge.
“The woman should ask.” [aux services de santé]To perform an abortion. If they refuse, the judge will allow her to appear before a judge to file an appeal. The judge will have the power to ordain that the abortion be performed., explained to AFP Alex Alí Méndez, constitutional lawyer and expert in abortion issues.
Lawyer added that there will be a third consequence to the Supreme Court ruling: It will be a tool for women in prison for having abortions to regain freedom.
The Reproductive Choice Information group (GIRE), which supports the right to abort, has praised what it called “a wonderful idea.” “Historical judgment” This is:“We hope that all women, including those who are able to have children, will have the opportunity and freedom to decide their reproductive destiny., did he declare. According to the group Unsafe abortion is Mexico’s fourth leading cause of maternal deaths.
During Tuesday’s daily press conference, Andres Manuel Lopez Obrador, the Mexican president, dodged questions about the subject, before the announcement. It would not be prudent to “To take part”It is because it’s a “Controversial Issue”And that was the best thing to do.
Mexico is a federated nation. The states can adopt their own laws but they can be challenged by the Supreme Court if they are in violation of decisions that make jurispruence such as this one. Tuesday
Mexico City made abortion legal up to 12 weeks in 2007. It is now free and available in clinics within the city. Hidalgo, Veracruz, and Oaxaca are all states that have decriminalized abortions up to twelve weeks.
According to the latest official census, 77.7% of Mexicans believe in Catholicism, which prohibits abortion.