Title: The Mexican Supreme Court confirms its desire to decriminalize abortion at the national level
Introduction :
The Mexican Supreme Court issued a historic decision on Wednesday, confirming that the “legal system that penalizes abortion in the Federal Penal Code is unconstitutional.” This decision, which is based on the violation of the human rights of women and people capable of gestation, reinforces Mexico’s desire to decriminalize abortion at the national level. This announcement is therefore a major step forward for women’s rights in Mexico.
The context of the decision:
Two years ago, on September 7, 2021, the Mexican Supreme Court had already ruled that the criminalization of abortion was unconstitutional. This decision invalidated the article of the Coahuila Penal Code, which provided for a prison sentence for women who voluntarily aborted. Since then, abortion has already been decriminalized in a dozen Mexican states. However, this latest decision of the Supreme Court confirms the country’s desire to decriminalize abortion at the national level, in order to guarantee the rights of women and people capable of gestation throughout the territory.
Reactions to this decision:
This decision by the Supreme Court was welcomed by defenders of women’s rights in Mexico. The Information Group for Selected Reproduction (GIRE) was pleased to see that “all women and people capable of gestation will be able to have access to abortion in federal health institutions”. However, the path to complete decriminalization of abortion still remains long, as there remain Mexican states that continue to criminalize this practice.
Mexico, a Catholic country:
Mexico is a largely Catholic country, with a population where nearly 80% claim this religion. This decision by the Mexican Supreme Court therefore marks an important step forward, in a country where religious institutions often have an influence on public policies. The separation of Church and State was proclaimed as early as the Reformation of 1857, but debates around abortion and other issues related to women’s rights still remain marked by religious considerations.
Conclusion :
The decision of the Mexican Supreme Court to declare unconstitutional the criminalization of abortion in the Federal Penal Code is a major step forward for the rights of women and people of gestational capacity in Mexico. This decision confirms the country’s desire to decriminalize abortion at the national level and to guarantee the fundamental rights of women. However, there is still work to be done to overcome religious and cultural barriers and ensure full decriminalization of abortion across the country.