The termination of pregnancy is advancing in small steps in Mexico, one of the large Latin American countries that has not yet resolved this issue and does not have federal legislation. This Tuesday, the Supreme Court of Justice of the Nation (SCJN) has taken a very important step in this matter and has declared unconstitutional the articles of the Penal Code of the State of Coahuila that punish the interruption of pregnancy, which represents a historic decision in the decriminalization of abortion in the country, since it establishes jurisprudence for the rest of the entities. Until now, the regulation of abortion in Mexico has depended on the decisions of the courts and the legislation of each State. Tuesday's decision is a historic step, and the most recent in a journey that began 14 years ago.
The first State to establish a time limit law was Mexico City, in 2007, where it can already be said that this right is consolidated and that it has received thousands of women in these years for abortions.
Its law of terms indicates 12 weeks of gestation in which it is possible to interrupt the process without giving explanations for it.
This has also been legislated by Oaxaca and recently Hidalgo and Veracruz.
More information
The Mexican state of Hidalgo approves the decriminalization of abortion
The Supreme Court of Mexico opts for the decriminalization of abortion
The rest of the States legislated to decriminalize this practice in case of rape and some add other assumptions such as the risk to the life or health of the pregnant woman or fetal malformations. But in practice, these caveats are not always taken into account and thousands of women undergo home interventions that sometimes end their lives or are referred to a hospital bled to death and subjected to medical humiliation. Complaints and jail are the order of the day. Between 4.7% and 13.2% of maternal mortality in the world can be attributed to unsafe abortions. And in Africa and Latin America, three out of four pregnancy interruptions are unsafe.
Mexico leads the OECD in adolescent pregnancies with 77 births for every 1,000 women between the ages of 15 and 19. And there are about 340,000 pregnancies per year among girls and adolescents, to reduce which a government strategy was launched. From the Executive of Andrés Manuel López Obrador it has been pointed out on several occasions that the pregnancy of girls should be immediately considered a rape. And act accordingly. But it is not easy to abort in Mexico, even in the case of a crime. Sounds have been the cases of girls in Veracruz who went through an ordeal when they became pregnant, in many cases the result of abuse among their relatives and acquaintances.
In the absence of federal legislation, which neither exists nor is expected, the General Law of Victims, which stipulates that the word of the pregnant woman is enough to guarantee that her fetus is the product of a violation, the Official Mexican Norm and the General Law of Health, which establishes the risk to the woman's physical and emotional health as a cause for abortion, in some cases contributes to saving undesirable situations.
But progress often comes after lengthy court proceedings. The judgments of the Court have endorsed the prevalence of these laws over state restrictions. On July 7, the Supreme Court declared unconstitutional the terms established to perform an abortion if the pregnancy had been the result of rape. It was another reason for joy for those who have wanted to declare abortion free in this country for years. In this case, it was a lawsuit that began in Chiapas a long time ago. A 17-year-old girl with cerebral palsy was raped, but when the family found out about her pregnancy it was late according to the deadlines established in this State. They fought it, accompanied by personnel from the Gire organization, always dedicated to this cause. And they won it. But a long time had passed. Nonetheless,the Chamber voted unanimously and set a precedent for future cases.
Oaxaca was the second state where the green scarves were waved, in 2019. However, over time, many activists complain about the slowness and obstacles that are found along the way despite having legislation in favor.
Then Hidalgo arrived, in June of this same year.
The aforementioned 12-week period is established to interrupt the pregnancy without having to allege a specific reason, but rather the woman's free decision about her body.
But, in return, those who do so after that date are penalized with a fine or jail.
And Veracruz.
One month after.
The modifications to the law in this State modernize the causes of the crime of abortion after three months and make them more specific.
For example, it is established that abortion will be a crime if it is carried out against the will of the pregnant woman.
The arrival at the National Palace of Andrés Manuel López Obrador and his party, Morena, which declares itself on the left, has not meant much in this area. The president considers that it is a thorny issue that "provokes confrontations." It limits itself to “respecting” women's activism in this regard. And a little more.
Another obstacle that women encounter in exercising their rights in Mexico is the conscientious objection of doctors. When the capital passed the law of terms, some states were shielded with rules that endorsed life from the moment of conception. This instilled fear among the doctors, who refused to attend abortions using their freedom of conscience. Again the Court had to point the way by dictating that the service had to be provided beyond the will of the doctors. But the weakness of justice in Mexico is great and the laws are many but elusive in their application. Not to mention the complexity of reporting violations, for example.
The whole world celebrated the decriminalization of abortion in Argentina, where the struggle was intense and constant.
They invented the green scarves that still claim that right all over the world.
Now it is Mexico that is about to take a big step in this direction, which would create a breakthrough in Latin America that could open the way for other countries.
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