Bonifaz Alfonzo Leticia, Mora Sierra Rosalba
Committee on the Elimination of Discrimination Against Women and National Autonomous University of Mexico (UNAM), Mexico City, Mexico.
Direction of Access to Justice at the General Unit of Scientific Knowledge and Human Rights, Mexican Supreme Court, Mexico City, Mexico.
Int J Gynaecol Obstet. 2024 Apr;165(1):375-381. doi: 10.1002/ijgo.15433. Epub 2024 Feb 16.
In September 2021, the Mexican Supreme Court issued a decision disallowing any federal or local judicial authority to indict someone for the offense of voluntary or consensual abortion. This decision also declared unconstitutional penalties imposed on medical personnel who facilitate or assist such procedures. Furthermore, the Court decided that limiting access to abortion in cases of rape to a specific time frame was disproportionate. Later on, in September 2023, the Supreme Court confirmed that absolute criminalization of abortion was unconstitutional and declared that the rule supporting criminalization in the Federal Penal Code was without effects. Consequently, healthcare providers who work in public federal health institutions cannot be criminalized for guaranteeing the right to abortion. This article reviews the reasons advanced by the Supreme Court to guarantee the right of reproductive self-determination, as well as the effects of both decisions beyond the decriminalization of abortion by Mexican federal and state legislatures. The paper also examines the scope and limitations of these rulings and identifies the remaining challenges regarding voluntary abortion procedures in Mexico.
