The changing tide: Mexico’s 12th state decriminalizes abortion

Mexican State Becomes 12th to Decriminalize Abortion: Supreme Court Ruling Affirms Rights to Health, Reproductive Autonomy

September 6, 2023

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Introduction

In a historic decision, Mexico‘s Supreme Court has decriminalized abortion in the state of Aguascalientes, making it the 12th Mexican state to remove criminal penalties for abortion. This ruling, which affirms the rights to health and reproductive autonomy, is a significant step forward for women’s rights in Mexico.

Background

The movement towards decriminalizing abortion in Mexico began in 2007 when Mexico City passed the country’s first abortion decriminalization law. However, progress seemed slow for several years, with only one additional state, Oaxaca, following suit in the 12 years that followed. However, the past three years have seen remarkable progress, with 10 more states decriminalizing abortion.

This positive shift can largely be attributed to the vision and perseverance of Mexican civil society. While most states decriminalized abortion through changes in local legislation, the cases of Aguascalientes and Coahuila are unique in that the change came through a Supreme Court ruling.

Litigation Efforts and Precedents

Five civil society organizations – GIRE, CECADEC, Cultivando Género, Morras Help Morras, and TERFU A.C. – challenged the abortion prohibition in Aguascalientes’ criminal code. The Supreme Court found that the prohibition violated the right to reproductive autonomy, the right to health, and the right to equality and non-discrimination, among other rights. The court also affirmed the state’s obligation to provide abortion services.

While litigation efforts are time-consuming, the successful challenges to the laws in Aguascalientes and Coahuila set important legal precedents. The five organizations involved in the legal challenge rightly note that this achievement brings Mexico closer to the decriminalization of abortion nationwide.

Implications and Importance of the Ruling

The Supreme Court’s ruling invalidates the portion of Aguascalientes’ criminal code that criminalizes self-induced or consensual abortion. It also reiterates that no woman or person with gestational capacity, or health personnel, can be prosecuted for abortion. This ruling not only affirms women’s rights to reproductive autonomy and health but also highlights the importance of an independent judiciary in safeguarding these rights.

Furthermore, the collaborative efforts between local and national civil society groups in bringing legal challenges and advocating for the decriminalization of abortion demonstrate the powerful impact of coordinated feminist movements. The “green tide” in Mexico, as part of a larger Latin American movement, stands as a force that rejects authoritarianism, defends democracy, demands rights, and denounces abuses and violence against women and girls around the world.

The Path Forward

While the decriminalization of abortion in Aguascalientes is a crucial victory, it is essential to remember that implementing and ensuring access to abortion services is equally important. Aguascalientes now faces the task of modifying its criminal code and strengthening its health services to guarantee access to abortion services for all individuals who require them.

Conclusion

The decriminalization of abortion in Aguascalientes is a significant milestone in Mexico‘s journey towards ensuring reproductive rights for all women. The Supreme Court’s ruling reaffirms the importance of health, reproductive autonomy, and equality, and sets valuable precedents for future legal challenges. It is now crucial for other Mexican states to follow suit and continue working towards the decriminalization of abortion nationwide. The fight for women’s rights and reproductive justice must continue, and the collaboration between civil society organizations and the judiciary is vital in achieving these goals.

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