A recent ruling by the Mexican Supreme Court marked a significant development in the ongoing evolution of abortion access in the region. The ruling, which took place on Wednesday, nullified all federal criminal penalties associated with abortion, marking a progressive shift. However, it left intact a diverse array of state-level restrictions, creating a complex patchwork of laws across the country.
In its decision, the high court decreed the removal of abortion from the federal penal code. This move mandates the federal public health service and all federal health institutions to provide abortion services upon request, a transformation that will potentially impact millions of Mexicans. Notably, the Social Security Service and other federal institutions primarily cater to those engaged in the formal economy, AP reported.
The Information Group for Chosen Reproduction, known as GIRE, issued a statement emphasizing that no woman, pregnant person, or healthcare worker would face punitive measures for seeking or providing abortions. Although abortion prosecutions were not widespread, many medical professionals had refrained from performing abortions due to existing laws.
It's essential to acknowledge that despite this groundbreaking ruling, approximately 20 Mexican states continue to criminalize abortion. The Supreme Court's decision did not alter these state-level laws, but it is anticipated that abortion advocates will use the ruling's principles to challenge these restrictions at the state level.
The news of the ruling quickly spread across social media platforms, with numerous celebrations and expressions of support. Mexico's National Institute for Women heralded the decision as a significant step towards gender equality. Former Supreme Court justice and Senator Olga Sanchez Cordero commended the ruling as an advancement toward a more just society, urging Mexico's Congress to enact corresponding legislation.
However, the decision was met with opposition in Mexico, a country with deeply ingrained religious beliefs. Irma Barrientos, director of the Civil Association for the Rights of the Conceived, vowed to continue the fight against expanded abortion access, echoing sentiments from conservative groups in other countries.
The Supreme Court's decision was grounded in its assertion that the previous legal framework criminalizing abortion violated the human rights of women and individuals with gestational capacity. This landmark judgment followed a previous ruling two years prior, which declared abortion legal in one northern state. This initial ruling triggered a gradual, state-by-state process of decriminalization, with the central state of Aguascalientes becoming the 12th state to abandon criminal penalties last week.
Despite the positive implications of the Supreme Court ruling, it does not guarantee immediate access to abortion for all Mexican women. Fernanda Díaz de León, a legal expert for women's rights group IPAS, noted that it obligates federal agencies to provide care, removing one of the excuses used by healthcare providers to deny abortions in states where it is no longer a criminal offense. However, concerns remain that women, particularly in more conservative regions, may still face obstacles in accessing abortions.
The ruling in Mexico is part of a broader trend in Latin America, often referred to as the "green wave," symbolized by green bandanas worn by activists advocating for abortion rights in the region. This trend contrasts with increasing restrictions on abortion in parts of the United States, where some American women have sought assistance from Mexican abortion rights activists to obtain abortion-inducing pills.
Mexico City set the precedent by decriminalizing abortion 16 years ago, and this momentum continued in Latin America, with Argentina legalizing the procedure in 2020 and Colombia following suit in 2022. In contrast, the United States witnessed a rollback of abortion rights following the Supreme Court's decision to overturn Roe v Wade, leading to a patchwork of state-level restrictions.
