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

Costa Rica Fines Contractor Over Long-Delayed Cartago Road

Costa Rica has started fining the company building the long-delayed Taras-La Lima highway project $20,000 for every additional day the work remains unfinished. The...

Guanacaste Bakes While the Caribbean Floods in Costa Rica’s Split August

August gave us two very different versions of Costa Rica’s rainy season, with unusually little rain falling around Liberia while parts of the Caribbean...

How El Nino is choking the Panama Canal

The Panama Canal will restrict the number of vessels transiting the crucial waterway from Friday for the second time ever due to drought caused...

Costa Rica Free Zones Lose Jobs for First Time in Seven Years

Employment in Costa Rica’s free-zone regime fell year over year in July for the first time in seven years, ending a long stretch of...

Why is Daniel Ortega Shutting Nicaragua’s Opposition Out of Elections?

Nicaragua approved a constitutional reform that bars the opposition from participating in elections and extends Daniel Ortega’s term in office, a measure aimed at...

Costa Rica Vehicle Thefts Hit a Ten-Year High

If you own a car here, it is more likely to be stolen now than at any point in the past ten years. Costa...

Costa Rica’s Whale and Dolphin Festival Returns This Weekend

If you have been waiting for the right weekend to see humpback whales in Costa Rica, this is it. The 16th Whale and Dolphin...

Costa Rica Stops 4 Panama Gang Suspects at Border

Four men linked by Costa Rican intelligence to Panamanian groups involved in drug trafficking and contract killing were stopped Saturday as they tried to...

A Night With Costa Rica Soccer Fans in Perez Zeledon

Perez Zeledon is home to a team in the first division of Costa Rica soccer. Known as Los Guerreros del Sur, the club has...
🌴 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