The decriminalization of abortion is an issue that has valid arguments both for and against; However, the work of the Law is to analyze all these points of view and generate a norm that governs all of society, thinking about what will guarantee the rights of all Mexicans. This, of course, is not as simple as it sounds, so this time we will analyze the details that led the Mexican Senate to declare the criminalization of abortion unconstitutional and what this means.
Social context
The resolution of the Chamber of Senators responds to a declaration of unconstitutionality promoted in the state of Coahuila since 2017 and which stated that women should have power over their reproductive rights, specifically addressing article 196 of the Penal Code of that state in the that deprivation of liberty was required for any woman who has had an abortion or for any person who has assisted in aborting any woman with her consent.
Within the Senate resolution, articles 198 and 199 of said Penal Code were also contemplated, eliminating the prohibition on medical professionals to assist women in the abortion procedure, as well as the limitation of aborting within the first 12 weeks of gestation in case of rape, insemination and artificial implantation.
By declaring these articles unconstitutional, the state of Coahuila will see the need to make reforms to its Penal Code, eliminating all sanctions and penalties for any pregnant person who decides to terminate their pregnancy.
This is not the only case in which a state of the Republic requests a reform to its Penal Code. In 2008, Mexico City - then still called the Federal District - declared the decriminalization of abortion up to 12 weeks of gestation, followed by the state of Oaxaca, which approved the decriminalization of abortion in 2019. Hidalgo and Veracruz did the same in 2021.
Other states such as Yucatán and Michoacán contemplate the possibility of abortion if the woman is in serious poverty conditions, or non-consensual artificial insemination, such as Baja California, Baja California Sur, Chihuahua, Colima, Mexico City, Guerrero, Hidalgo, Michoacán, Morelos, San Luis Potosí, Tabasco, Tlaxcala and Veracruz; but none of these contemplates the possibility of interrupting the pregnancy by choice and without any other conditioner.
Conditions for having a legal abortion
Although only CDMX, Oaxaca, Hidalgo, Veracruz and Coahuila consider the decriminalization of voluntary abortion, there are different conditions or causes that are allowed to have a legal abortion depending on the state in which you are. For example, in the 32 Mexican states the legality of abortion in case of sexual abuse is contemplated.
Other causes are:
One step closer to NON-DISCRIMINATION
Laws transform as society and its context transform. In the past it was considered a moral burden against women who decided to have abortions, regardless of the reason why the pregnancy took place. Women victims of rape were discriminated against and re-victimized in front of society. Today feminist movements have claimed the figure of the free woman to decide on her body and the Law requires adapting to that change.
Thus, the decision of the First Chamber of Senators to consider it unconstitutional to penalize women for resorting to their right to choose over themselves and their maternity in the state of Coahuila, sets a precedent for the entire country that is increasingly displaced to the recognition of motherhood as a voluntary act that no one else can force a pregnant person to comply with.
This would be the first step to avoid the criminalization of the sexual conduct of the woman, managing to understand that any sexual action that the woman decides to undertake should not be judged or punished, much less, be exclusive to procreate if she does not want it, something that, because of the Criminal Codes still in force in most of the states of our country, is still in force.
Although this ruling of the highest legislative authority of the country only applies to the state of Coahuila, it is definitely a sample of the legal future that could be glimpsed throughout the country in the future. Regardless of our conviction, for or against the decriminalization of abortion, respect and non-discrimination will lead us to grow socially and legally in our country.
If you want to guide yourself to deal with a legal situation in which you have felt attacked or attacked due to gender issues, do not hesitate to contact our specialist lawyers who will advise you in all parts of your process.
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SOURCES:
The New York Times Objeción de conciencia
The New York Times Despenalización del aborto
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