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

Bird Watching Helps Older Adults Stay Sharp, and in Costa Rica It Costs Almost Nothing

A study of 1,684 nursing home residents found bird watching supports memory, mobility and social wellbeing. Here is how to set it up at home in Costa Rica.

Spot an Injured Animal on Route 27? Don’t Touch It. Here’s Who to Call

If you see an injured animal on Route 27, the toll highway between San José and the central Pacific coast, don't pull over and...

Costa Rica’s Tropical Depression Risk Fades but the Downpours Don’t

The low-pressure system off Central America's Pacific coast is now less likely to become a tropical depression, but that doesn't mean a dry weekend...

Peru’s Ignacio Buse Stuns Medvedev in Landmark Paris Masters Victory

Peru’s Ignacio Buse delivered one of the biggest upsets of the Paris Masters on Wednesday, defeating world No. 5 Daniil Medvedev 6-4, 6-4 to...

Protest Caravan to Santa Ana Could Slow Traffic West of San José

Shuttle drivers roll from La Sabana to Santa Ana at 7:30 a.m. over new 2027 marchamo fees. Expect delays.

Costa Rica Removes Don Pepe Figueres Monument After Protest Vandalism

Costa Rica’s Ministry of Culture and Youth removed the bronze monument to former President José Figueres Ferrer from San José’s Plaza de la Democracia...

Cristiano Ronaldo Announces Portugal Retirement at 41

Portuguese football legend Cristiano Ronaldo announced on Thursday he was retiring from international football at the age of 41. Ronaldo made his debut for...

Local Elections Drove Costa Rica’s CPTPP Reversal, Sources Say

Concerns about the 2028 municipal elections helped drive Costa Rica's decision to abandon its bid to join the Comprehensive and Progressive Agreement for Trans-Pacific...

Red Tide Spreads in Costa Rica’s Gulf of Nicoya and Cooking Won’t Make Shellfish Safe

SENASA widened the Gulf of Nicoya red tide ban. Cooking doesn't make oysters, mussels or pianguas safe.
Loading…

Latest News from Costa Rica

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