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

Expect Gusts Up to 85 km/h and Rain in Costa Rica This Weekend

Gusts could reach 85 km/h in Costa Rica's mountains and northern Guanacaste today, with rain in the Caribbean and storms in the South Pacific.

Costa Rica’s Grynspan Wins 12 of 15 Votes in Eighth UN Secretary-General Poll

Rebeca Grynspan won 12 of 15 Security Council votes in the eighth UN secretary-general straw poll.

5,000 Shareholders, No Dividends and a Court Order for Hospital CIMA’s Top Executive

A civil court in San José has ordered Clifton Neal Orme, the legal representative of Hospital CIMA, to appear in person and testify in...

Alejandro Tabilo Falls to Rafael Jódar Again in Paris Masters Opener

Chile's Alejandro Tabilo suffered another disappointing defeat against Rafael Jódar on Monday, losing 6-2, 6-3 in the opening round of the Paris Masters as...

El Refugio Costa Ballena: Making a Difference for Animals and the Community

From rescuing animals in need to providing affordable spay/neuter surgeries and supporting community members’ loving pets, one local nonprofit is changing the lives of...

Two of Every Three Dairy Imports in Costa Rica Now Come From the US

Costa Rica imported $66.4 million in dairy products from the United States in the first eight months of 2026, nearly four times the $17.5...

Chaves Calls TEC Rector a Terrorist as 417 Limón Students Face Campus Closure

Former president Rodrigo Chaves, who now serves as minister of the Presidency and of Finance, called Costa Rica Institute of Technology (TEC) rector María...

Five Costa Rica Regions on Yellow Alert as Saturday Rain Hits Soaked Ground

If you live in or are traveling through the Central Valley, the Pacific coast or the Northern Zone, you are now under a yellow...

Kilos of Marijuana Seized Off Costa Rica’s Border With Panama

Costa Rica's Coast Guard intercepted a speedboat carrying 2,648 packages of marijuana in the South Pacific this week in an operation coordinated with the...
Loading…

Latest News from Costa Rica

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