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

Atenas launches Gallery Nights: a different artist every month, with the Central Valley as a backdrop

The series opens in November with Terry Eldridge, followed by John Taylor in December and Joanna Woskowicz in January Starting in November, Atenas will have...

Some Liberia Hospital Patients Have Waited Nearly a Week in a Chair for a Bed

Patients at Guanacaste's main public hospital in Liberia say they have spent up to six days sleeping in emergency-room chairs while waiting for a bed.

Costa Rica’s Lesser-Known Juan Castro Blanco Park Prepares for Tourists

Construction is underway on new visitor facilities at Juan Castro Blanco National Park, a lesser-known protected area in northern Costa Rica, as officials work...

Costa Rica Prison Faces Court Challenge Before Inmate Transfers Begin

A prisoners’ rights group has asked Costa Rica’s Constitutional Court to stop inmate transfers to the newly inaugurated CACCO prison, saying concerns about heat,...

Costa Rica Office Vacancy Could Hit 27% by 2030 as Multinationals Cut Jobs

Costa Rica office vacancy could reach 27.1% by 2030 as multinationals cut 2,205 free-zone jobs, an analyst warns.

Three Paperwork Problems Led Costa Rica to Deny Beéle Concert Permit

Immigration says a contract filed for the Beéle concert listed a signer who was not in Costa Rica. Ticket refunds start automatically Monday.

Flash Floods Trap People in Heredia and Escazú as Storms Dump Up to 80 mm

Heavy afternoon storms flooded streets across Heredia and western San José on Sunday, trapping people behind fast-rising water and forcing rescues in at least...

First Tampa to Costa Rica Nonstop in 25 Years Is Now Flying Twice a Week

Tampa and Costa Rica are linked nonstop again for the first time in 25 years. Breeze's twice-weekly flights are now operating.

Woman Sought After 74-Year-Old American Found Dead in Playas del Coco

Police in Guanacaste are seeking a woman seen leaving a Playas del Coco condominium where a 74-year-old American man was later found dead.
Loading…

Latest News from Costa Rica

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