Puerto Vallarta, Mexico - In a landmark decision, the Second Collegiate Court on Criminal Matters of the Third Circuit in Jalisco has unanimously overturned the prohibition on abortion in the state's Penal Code. This legal victory marks a significant milestone in the ongoing battle for abortion rights, where judicial action has succeeded where political avenues have faltered. The ruling effectively mandates the local Congress to repeal penalties associated with abortion, making Jalisco the thirteenth state in Mexico to decriminalize the procedure.
The announcement came on Thursday afternoon through Gire, a feminist organization leading a national legal strategy aimed at protecting individuals from criminalization for abortion. The decision builds upon a precedent set in September 2021, when the Supreme Court of Justice of the Nation (SCJN) declared the Penal Code of Coahuila unconstitutional due to its absolute prohibition of consensual abortion. This ruling not only prompted Coahuila to modify its legislation but also had broader implications, effectively decriminalizing abortion across Mexico.
However, despite the historic nature of the SCJN's ruling, its implementation has been gradual across the 32 Mexican states. Only thirteen states have adapted their laws to align with the Supreme Court's decision in the two and a half years since its issuance.
The 2021 ruling not only prevented the incarceration of individuals for abortion but also led to its decriminalization at the federal level in September 2023. This federal mandate compelled public health institutions such as the Mexican Institute of Social Security (IMSS) and the Institute of Security and Social Services of the State Workers (ISSSTE) to offer free pregnancy termination services. Moreover, it provided legal protection for healthcare personnel involved in providing abortions.
The recent victory in Jalisco reflects a strategic approach by organizations like Gire, which have pursued legal avenues to drive legislative change. By leveraging constitutional protections and securing judicial orders, these organizations aim to create a domino effect, compelling more states to revise their laws.
While Mexico allows partial access to abortion in certain states, challenges remain in ensuring universal access to safe and free procedures. Anti-abortion groups pose a significant hurdle, particularly in northern states, where access to abortion services is already limited. Additionally, the broader context of reproductive rights in Mexico intersects with international dynamics, such as the impact of changes in US abortion policy.
Estimates suggest that hundreds of thousands of clandestine abortions are performed annually in Mexico, often leading to complications requiring urgent medical attention. This underscores the urgency of ensuring comprehensive access to safe and legal abortion services nationwide.
As the legal landscape evolves and grassroots movements continue to mobilize, the fight for reproductive rights in Mexico remains ongoing, with advocates pushing for both legal reform and broader societal change.
