Abortion has been legalised nationwide in Mexico. Image credit: ProtoplasmaKid, Wikimedia Commons
Mexico’s Supreme Court has decriminalised abortion across the country, claiming the current ban was unconstitutional.
The ruling requires federal health institutions and public health services to offer abortion across all 32 states of Mexico.
Abortion was already legal in 12 states, after the move towards decriminalisation increased significantly over the last 3 years.
Mexico City became the first state to decriminalise abortion in 2007 and it took 12 years for a second state to follow.
According to the Supreme Court, denying the possibility of abortion violates the human rights of women.
The court said on social media that a “legal system that penalizes abortion in the Federal Criminal Code is unconstitutional, since it violates the human rights of women and people with the capacity to gestate.”
“In cases of rape, no girl can be forced to become a mother — neither by the state nor by her parents nor her guardians,” said the head of the Supreme Court, Arturo Zaldívar.
“Here, the violation of her rights is more serious, not only because of her status as a victim, but also because of her age, which makes it necessary to analyse the issue from the perspective of the best interests of minors.”
Women’s rights activists have welcomed the ruling but have emphasised that many women in Mexico will continue to find it difficult to access an abortion.
“We still have a lot of work to make abortion a cultural reality in Mexico — not just a structural, legal right,” said activist Ana Gonzalez.
“Though this is a big deal, it could still be very difficult for people to get abortions. In some places, they will still likely refuse access to women, for many different reasons, and that will be visible when women actually go in and try to get abortions and are turned away,” said researcher Tyler Mattiace at Human Rights Watch.
In the United States, the legality of abortion varies across states after the Supreme Court overturned Roe v. Wade last year.
Mexican advocacy groups and organisations have already seen an increase in the number of Americans travelling to the country to visit abortion clinics.
