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’s New High-Security Prison for Organized Crime to Be Ready in 15 Days

Costa Rica’s new high-security prison for organized crime is expected to be handed over to the government by the end of September, with authorities...

New Costa Rica Law Requires Wildlife Crossings on Public Infrastructure

Costa Rica now has a law requiring wildlife crossings on public infrastructure projects, but the regulation that will actually put it into practice could...

Why Experts Say Costa Rica Is the Best Wellness Trip After 50

Costa Rica keeps turning up at the top of lists aimed at older travelers and retirees. The latest comes from Travel + Leisure, which...

Costa Rica Investigates Alleged Mass Data Leak that Included the President

Costa Rica's National Cybersecurity Directorate is investigating a dark web posting in which an unidentified threat actor claims to hold tens of millions of...

Panama repeats China invitation to Canal Neutrality Treaty

Panama’s government again asked the People’s Republic of China to accede to the protocol of the Treaty Concerning the Permanent Neutrality and Operation of...

Costa Rica’s Juan Santamaría Airport Keeps Highest Passenger Experience Accreditation

Costa Rica’s Juan Santamaría International Airport has renewed the highest level of an international passenger experience accreditation, placing the country’s main airport among just...

Costa Rican TikTok Star Julián Valverde Reported in ICE Custody

Costa Rican content creator Julián Valverde, known online as Julián Valjota, is in the custody of US Immigration and Customs Enforcement. A source close...

Costa Rican Influencer Julián Valverde Released by ICE Without Bond

Costa Rican content creator Julián Valverde was released from U.S. Immigration and Customs Enforcement custody in Florida on Sunday, Sept. 20, after five days...

Nicaraguan Journalist Luis Galeano Detained by ICE in Florida

U.S. immigration authorities arrested a Nicaraguan journalist on Monday who is critical of the government of Daniel Ortega and has been living in exile...
🌴 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