HomeNewsLatin AmericaTop Mexico court rules criminalizing abortion unconstitutional

Top Mexico court rules criminalizing abortion unconstitutional

Mexico’s Supreme Court on Tuesday ruled that criminalizing abortion is unconstitutional in a decision hailed as “historic” by rights campaigners in the conservative Latin American country.

The unanimous vote opens the way for women across Mexico to access abortion without fear of being prosecuted and potentially imprisoned.

“It is one more step in the historical struggle for (women’s) equality, dignity and the full exercise of their rights,” said court president Arturo Zaldivar.

He said that “from now on it will not be possible, without violating the criteria of the court and the constitution, to prosecute any woman who aborts in the cases that this court has considered valid.”

Up to now, abortion has been legal in Mexico City and three other states in the first 12 weeks of pregnancy, while elsewhere, the procedure was only permitted in cases of rape.

The declaration followed a constitutional challenge to the penal code of the northern state of Coahuila, bordering the US state of Texas, which recently banned abortion after six weeks.

The ruling will affect the whole of Mexico, allowing women in states where abortion is criminalized to undergo the procedure with a judge’s order, a judicial source said.

“The woman must ask (the health services) to perform the abortion,” said Alex Ali Mendez, a constitutional lawyer and expert on abortion issues.

“When they deny it, she may go before a judge… and the judge will order that an abortion be performed,” Mendez told AFP.

Mexico’s states have autonomy to dictate their laws, but they are invalidated if they contravene Supreme Court rulings that establish jurisprudence, like Tuesday’s decision.

The Information Group on Reproductive Choice (GIRE), which campaigns for abortion rights, welcomed what it called a “historic ruling.”

“We hope that throughout the country women and people with the ability to carry a child have the conditions and freedom to determine their reproductive destiny,” it said.

Unsafe abortion is the fourth leading cause of maternal death in Mexico, according to the group.

‘Controversial issue’

Two more Mexican states, Veracruz and Hidalgo, this year decriminalized abortion in the first 12 weeks of pregnancy.

Previously abortion had only been legal in Mexico City, since 2007, and in the southern state of Oaxaca since 2019.

Mexican President Andres Manuel Lopez Obrador sidestepped questions about the issue at his daily news conference on Tuesday.

He said that it would not be “wise to take sides” because it is a “controversial issue” and so the best thing was for the Supreme Court to resolve it.

Among other Latin American countries, abortion is legal in Uruguay, Cuba, Argentina and Guyana.

It is banned in El Salvador, Honduras, Nicaragua, the Dominican Republic and Haiti, and allowed only in certain circumstances such as after rape or for health reasons elsewhere. 

Trending Now

Ciudad Quesada–Aguas Zarcas Road Closed for Weeks After Collapse

Anyone traveling between Ciudad Quesada and Aguas Zarcas will need to use alternate routes for at least a month after heavy rain washed out...

Montezuma or Santa Teresa? Choosing Your Corner of Costa Rica’s Nicoya Peninsula

Every week someone asks us the same question. Should we be looking at Montezuma or Santa Teresa? It sounds like a choice between two...

Human Trafficking Cases Reach 16-Year High in Costa Rica

Costa Rica recorded 83 human trafficking victims in 2025, the highest number reported in any single year since at least 2010, according to figures...

Costa Rica Flooding Hits More Than 400 Homes After Tropical Wave

More than 400 homes were flooded across Costa Rica over the weekend as Tropical Wave 47 brought heavy rain to several parts of the...

Tropical Wave 47 Brings Afternoon Storms to Costa Rica This Weekend

Tropical Wave 47 brings afternoon storms across Costa Rica today, with heaviest rain in the north and central mountains. Plan outdoor time early.

Costa Rica Red Taxis Can Now Be Booked Through Uber

Uber users in Costa Rica can now request one of the country’s licensed red taxis directly through the app. Uber Taxi started yesterday with...

Costa Rica Takes Two Top Honors in National Geographic UK Travel Awards

British travelers have placed Costa Rica at the top of two major travel categories, naming it their favorite destination for both adventure and responsible...

Bryan Ruiz Debuts as Costa Rica Coach With Nations League Survival at Stake

Bryan Ruiz coaches Costa Rica for the first time tonight against Nicaragua, with Keylor Navas back and Nations League relegation at stake.

Costa Rica Expands Yellow Fever Vaccine Rule to Eight More Countries

Costa Ricans and legal residents planning trips to several parts of South America and the Caribbean need to check their vaccination records before heading...
Loading…

Latest News from Costa Rica

Costa Rica Coffee Maker Chorreador
Costa Rica Car Rentals
Costa Rica Travel Insurance
Costa Rica Travel