In September 2021, the Supreme Court ordered the state of Coahuila (Articles 196, 198, and 199) and the state of Sinaloa (Articles 4 to A) to remove abortion sanctions and restrictions from the penal code and local constitution, respectively. This decision dates back to 2017, when former Attorney General Raúl Cervantes questioned the constitutionality of both laws. [45] On the same day, the Coahuila state government ordered the immediate release of all women in pretrial detention. Women who have already been convicted are released from amparo. [46] On Monday, eight out of 11 judges voted to overturn a law in the northern state of Coahuila that punishes women for abortion with up to three years in prison, even in cases of rape. On Tuesday, the court issued a more comprehensive and unanimous decision in which all these laws are unconstitutional. Between September 7 and 9, 2021, the Supreme Court decriminalized abortion in Coahuila and Sinaloa in a unanimous 10-0 decision. [20] [21] [22] Nevertheless, the implications of these decisions are broader because they set a national precedent: judges cannot sentence people to prison for performing or supporting induced abortions, even if local law has not changed their criminal laws. [23] The Supreme Court also found that local regulations granting “life from conception” protection are invalid[24] and that access to legal abortion is a fundamental right. This historical landmark paves the way for advocates to challenge abortion restrictions in every state.
[25] On 29. In October 2021, Baja California became the fifth state to legalize abortion on demand up to the 12th week of pregnancy. [47] On March 9, 2022, Sinaloa became the seventh state. [9] On May 17, 2022, Guerrero became the eighth state. [10] On June 2, 2022, Baja California Sur became the ninth state. [48] “Sonora is one of the most extreme states in this region,” she said. “In general, Sonora is one of the most violent and repressive states in Mexico. Domestic violence, kidnappings, murders and repressive abortion laws are among them. In Mexico, the price of abortion services varies depending on the type of abortion and the health facility. In the state public institutions listed in the CDMX Secretariat of Health, they offer free abortion services. Yet despite liberalized laws, abortion providers in Baja California still face cultural resistance. Garcia said it was extremely difficult to find landlords willing to rent to an abortion provider.“It is important to ensure access to safe abortion for the poorest women,” Mojica added. Yet while parts of the U.S. introduce laws that further restrict access to abortion, things could take a different direction in Mexico. And activists said the Supreme Court`s ruling gave them new hope. More than half were single. [3] Within the states of the Mexican Republic, access to safe abortion is differentiated in each of its 32 states, as each state has a different penal code that provides different legal bases for access to abortion: On 24 April 2007, the Legislative Assembly of the Federal District (LAFD) amended articles 145 to 148 of the Criminal Code and article 14 of the Health Code. all deal with abortion; 46 of the 66 members (from five different parties) of the LAFD approved the new law. [26] The amendments expanded the previous law, which allowed legal abortions in four limited circumstances.
[27] In Mexico, abortion procedures are subject to local state law. A landmark 2008 Supreme Court ruling found no legal impediments in Mexico`s constitution, stating that “the assertion that there is absolute constitutional protection of life during pregnancy would lead to the violation of women`s human rights.” [28] “There are many women and girls who have become pregnant after being raped, but although they should be able to have legal abortions in the hospital, they are afraid to leave,” said Andrea Sanchez of the activist group Marea Verde. “And we understand why. We have checked ourselves and hospitals do not understand their legal obligations. And they don`t provide pregnant women with the services they need. “This full decriminalization is the first step towards full legalization. As with same-sex marriage, each of the 28 local laws that do not allow safe and free abortions on demand will now be forced to change their laws. Each state will set the time limit (weeks or months of pregnancy) for access to elective abortion. Many NGOs such as IWRM said they would push for the twelve-week framework, as did in Mexico City, Oaxaca, Hidalgo and Veracruz. [38] If local legislation does not change, the Supreme Court could intervene and declare the unconstitutionality (as in the Coahuila and Sinaloa cases in September 2021) and push even further for legalization. “There is still a lot of stigma around abortion, even though it`s legal. It is on September 28 – International Day of Safe Abortion – that women in Latin America have been demonstrating for decades to demand the right to abortion.In 1931, fourteen years after the drafting of the national constitution, the Mexican government treated abortion by declaring it illegal, except in cases where the abortion is caused by the negligence of the mother, the continuation of the pregnancy endangers the life of the mother or in a pregnancy as a result of rape. [11] [12] [13] Earlier this month, about 2,000 people marched through the Mexican capital to demand the abolition of the right to legal abortion, encouragement from the Catholic Church and conservative groups.