Mexico’s Supreme Court Decriminalizes Abortion at Federal Level

Mexico’s Supreme Court declared the federal decriminalization of abortion, citing the unconstitutionality of the existing prohibition on this procedure.

“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,” the Supreme Court said.

Arturo Zaldívar, the head of the Supreme Court, added, “In cases of rape, no girl can be forced to become a mother. Neither by the state nor by her parents nor her guardians. Here, the violation of her rights is more serious. Not only because of her status as a victim. But also because of her age, which makes it necessary to analyze the issue from the perspective of the best interests of minors.”

Even though the federal ban has been lifted, state-level restrictions on abortion remain in place in around 20 Mexican states. In 2021, Mexico’s Supreme Court declared it unconstitutional to criminalize abortion for the first time. This ruling came in response to a law in the state of Coahuila, which imposed penalties of up to three years in prison and fines on women who had abortions. A recent ruling in Aguascalientes featured rights activists expressing support by posting green hearts on social media. These hearts represent the “Green Wave,” a movement supporting reproductive rights that has been growing in Latin America.

Following the US Supreme Court’s reversal of Roe v. Wade, Mexico has unexpectedly become a refuge for US residents. At present, 15 American states have banned abortion throughout pregnancy, with only limited exceptions. In two more states, abortion is prohibited once cardiac activity can be detected, typically around six weeks into pregnancy. In at least four additional states, judges have temporarily halted the enforcement of these restrictions.