The Supreme Court in Mexico decriminalises abortion across the country

In a historic ruling, Mexico’s Supreme Court, on Thursday, September 7, legalized abortion nationwide, marking a significant milestone in women’s reproductive rights.

The Supreme Court declared, “The First Chamber of the Court ruled that the legal system that penalizes abortion in the Federal Criminal Code is unconstitutional since it violates the human rights of women and people with the capacity to gestate,” through its social media platform.

This judgment builds upon a previous decision made two years ago, which also asserted that abortion should not be considered a crime. The earlier ruling stemmed from a constitutional challenge to the penal code of the northern state of Coahuila, which granted women access to abortion without the fear of prosecution.

The Information Group on Reproductive Choice (GIRE), a prominent advocate for abortion rights, applauded the nationwide decriminalization of abortion. They asserted that the court had determined that the portion of the federal penal code criminalizing abortion was no longer valid. According to GIRE, “No woman or pregnant person, nor any health worker will be able to be punished for abortion.” The group further announced that federal health institutions throughout the country would be obligated to provide abortion services to individuals who request them.

Before this nationwide ruling, abortion had already been decriminalized in a dozen Mexican states, starting with Mexico City in 2007. However, access to the procedure remained limited in many regions, primarily due to a lack of facilities and public awareness.

Sara Lovera, a women’s rights activist, emphasized the importance of the Supreme Court’s decision, stating that “many women don’t know that they have this right because local governments have not carried out publicity campaigns about it.”

Last week, the central state of Aguascalientes became the 12th state to decriminalize abortion. Judges in states where abortion remained criminalized will now be obliged to consider the Supreme Court’s ruling.

This landmark decision in Mexico reflects a broader trend in Latin America, where countries have been progressively lifting abortion restrictions in recent years, often referred to as the “green wave” of reproductive rights. Notably, the move contrasts with ongoing challenges to abortion access in parts of the United States, prompting some American women to seek assistance from Mexican abortion activists to obtain abortion pills.