No menu items!

COSTA RICA'S LEADING ENGLISH LANGUAGE NEWSPAPER

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

Truck Damages Fiber Network and Disrupts Costa Rica’s San Jose Airport

A damaged fiber-optic connection caused long lines, delayed flights and widespread system failures at Juan Santamaría International Airport yesterday. The disruption began after a...

Costa Rica Braces for Higher Fuel Prices as Oil Climbs Back Above $100

Global oil prices climbed back above $100 a barrel this week, and the increase is on course to reach Costa Rica's gas stations within...

Costa Rica Ordered to Fix Safety Problems on Route 32

Costa Rica’s Comptroller General has ordered highway authorities to address safety problems on Route 32 after finding that seven roundabouts on the key Caribbean...

US Open Celebrates Hispanic Heritage During 2026 Quarterfinals

The US Open is putting Hispanic and Latin American tennis in the spotlight today with its annual Hispanic Heritage celebration at the USTA Billie...

El Niño Hits Very Strong Intensity and Could Last Until June 2027

El Niño has reached very strong intensity and could last until June 2027, covering Costa Rica's entire dry season.

Four quakes above magnitude 4 hit Costa Rica’s Southern Area in 32 hours

A magnitude 5.1 quake struck near Golfito on Friday night, the strongest of four events above magnitude 4 recorded in Costa Rica's Southern Zone in roughly 32 hours.

Costa Rica Nears 49,000 Short-Term Rentals as Tourist Numbers Lag

A new study counts 48,985 short-term rental listings in Costa Rica, more than double 2019, while international arrivals remain below pre-pandemic levels.

Road Closures Start Monday for Costa Rica’s Independence Holiday

If you are driving anywhere in the Central Valley on Monday afternoon or Tuesday morning, add time. Costa Rica marks 205 years of independence...

Tropical Wave 41 Crosses Costa Rica With Afternoon Storms and 75 km/h Gusts

Tropical wave No. 41 moved into Costa Rica before dawn today, and the part that matters for the rest of your day arrives after...
🌴 The Weekly Pura Vida

Costa Rica, Once a Week

The week's top stories, weather & insider tips — delivered every Sunday. One email, zero clutter.

🔒 Free. No spam. Unsubscribe anytime.

Loading…

Latest News from Costa Rica

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