Mexico's Abortion Laws: Understanding The Current Landscape

Abortion laws in Mexico have been a topic of debate and legal challenges for years, with a complex history and varying public opinions. In 2021, the Mexican Supreme Court ruled that abortion can no longer be considered a crime, setting a precedent across the country. This ruling has led to a wave of Mexican states lifting local restrictions, with abortion now legal in several states, including Mexico City, Oaxaca, Coahuila, and more. However, abortion laws vary by state, and some states still criminalize the procedure. This discrepancy has resulted in women in some states being prosecuted and facing legal challenges. The decriminalization of abortion in Mexico is a significant step towards comprehensive sexual and reproductive healthcare, but legal and non-legal barriers still exist, hindering equal access to safe abortion services across the country.

Abortion laws vary by state in Mexico

Abortion laws do vary by state in Mexico. While abortion is no longer a federal crime in Mexico, the criminal law in Mexico varies by state. On 7 September 2021, the Mexican Supreme Court ruled that penalising abortion is unconstitutional, setting a precedent across the country.

In 2023, abortion was available on request during the first twelve weeks of pregnancy in Mexico City and the states of Oaxaca, Hidalgo, Veracruz, Coahuila, Colima, Baja California, Sinaloa, Guerrero, Baja California Sur, Quintana Roo, Jalisco, and Aguascalientes. Mexico City was the first state in the country to decriminalise abortion in 2007, and it remains the only place where women can have abortions on request within the first twelve weeks of pregnancy.

However, abortion laws vary by state, and in many conservative parts of the country, abortion remains a crime. In 2020, for example, 100 criminal investigations were prosecuted due to abortion in Nuevo León. In October 2019, Las Comisiones Unidas de Procuración y Administración de Justicia y de Igualdad de Género in Puebla voted against the decriminalisation of abortion.

In addition, even in states where abortion is legal, there are still women in pre-trial detention for murder due to spontaneous miscarriage.

Abortion is decriminalised in some Mexican states

Mexico's Supreme Court decriminalized abortion in September 2021, ruling that penalizing abortion is unconstitutional and violates women's rights. This set a precedent across the country, and while abortion is no longer considered a federal crime, the criminal law in Mexico varies by state.

As of August 2023, abortion is available on request during the first twelve weeks of pregnancy in Mexico City and the states of Oaxaca, Hidalgo, Veracruz, Coahuila, Colima, Baja California, Sinaloa, Guerrero, Baja California Sur, Quintana Roo, Jalisco, and Aguascalientes. This means that abortion is now decriminalized in twelve Mexican states, with Aguascalientes being the most recent state to revoke criminal penalties.

The Supreme Court's ruling means that judges cannot sentence people to jail for having or assisting with abortions, even if local laws have not changed. The ruling also established that local rules granting protections to embryos are invalid, and that access to legal abortions is a fundamental right for women.

Despite this progress, some women in states where abortion is legal remain in pre-trial detention for murder due to spontaneous miscarriage. Additionally, while the Supreme Court's ruling is a significant step forward, it does not guarantee that every Mexican woman will be able to access abortion services immediately. There may still be challenges and resistance to the implementation of abortion services, particularly in more conservative areas of the country.

Mexico's Supreme Court ruled abortion laws unconstitutional

On 7 September 2021, Mexico's Supreme Court ruled that penalising abortion is unconstitutional, setting a binding precedent across the country. The ruling came after a unanimous decision to decriminalise abortion in Coahuila and Sinaloa, a state on the Texas border. The court President, Arturo Zaldívar, stated that the ruling establishes "obligatory criteria for all of the country's judges", meaning that judges cannot sentence people to jail for having or assisting with abortions, even if local laws have not changed.

The Supreme Court's ruling also invalidated local rules granting protections to "life from conception", affirming that embryos cannot have the same rights and protections as born persons. The ruling also declared that clandestine abortions put women's lives at risk, create inequality, and cause unnecessary fears for health professionals. The illegality of abortion was deemed to contravene Article 4 of the Mexican Constitution, which allows citizens reproductive rights and access to health services.

The ruling was a massive victory for human rights, with abortion services now available in all federal health facilities, and no woman or person with gestational capacity able to be criminalised for abortion in Mexico. However, barriers to abortion access still exist in practice, even in places where abortion has been decriminalised. These barriers include limited availability of abortion services outside of big cities, stereotypes and biases in medical care, and a failure to enforce existing legislation and guidelines.

The ruling has paved the way for advocates to challenge abortion restrictions in each state, with public institutions declaring their support for women under prosecution or in jail for abortion-related charges. While Mexico's Supreme Court rulings are not usually retroactive, in cases involving human rights, local attorneys could still prosecute people who have undergone abortions, especially in more conservative states. However, such cases would be escalated to higher judicial institutions, which would invalidate the sentence, and the judge would be punished for human rights violations.

Mexico's abortion laws are influenced by the Catholic Church

The Church's anti-abortion lobbying has resulted in amendments to state constitutions, defining a fertilized egg as a "person" with a "right to legal protection". This has made abortion access a state-level issue, with most states only permitting abortions under limited circumstances. The Church's influence has also steered the debate towards a public health rationale, rather than a reproductive rights approach, avoiding a pro-choice stance.

However, in recent years, there has been a shift in the relationship between Mexican women and the Church, with many becoming disillusioned with its teachings. This has led to a growing disconnect between personal faith and the Church's moral doctrines, enabling women to reconcile their religious beliefs with their reproductive decisions.

In 2021, the Mexican Supreme Court ruled that penalising abortion is unconstitutional, setting a precedent across the country. This landmark decision has paved the way for advocates to challenge abortion restrictions in individual states, with several states now offering abortion on request during the first 12 weeks of pregnancy.

While the Catholic Church continues to wield influence in Mexico, the Supreme Court's ruling represents a significant step towards recognising abortion as a fundamental right of women, moving the country towards legalisation and greater access to safe abortion services.

American women travel to Mexico for abortions

Mexico has long been a popular destination for Americans seeking cosmetic or dental procedures. However, since the U.S. Supreme Court overturned Roe v. Wade in 2022, American women have increasingly travelled to Mexico to terminate unwanted pregnancies. This is due to a recent expansion of abortion rights in Mexico, which stands in contrast to the near-total ban on the procedure in several U.S. states, including Texas.

Abortion Laws in Mexico

Abortion laws in Mexico vary by state, but it is no longer considered a federal crime. In 2021, the Mexican Supreme Court ruled that penalising abortion is unconstitutional, setting a precedent across the country. As of August 2023, abortion is available on request during the first 12 weeks of pregnancy in Mexico City and several other states, including Oaxaca, Coahuila, and Veracruz. In other states, such as Guanajuato, abortion laws remain highly restrictive.

American Women Travelling to Mexico for Abortions

The expansion of abortion rights in Mexico has made it a viable option for American women seeking abortions, especially those living in nearby states such as Texas. Organisations such as Necesito Abortar (I Need An Abortion) and Las Libres (The Free) have been providing support and access to abortion pills for American women unable to access the procedure in their home states. These groups offer pills free of charge and have established safe spaces for women to undergo medical abortions.

The availability of abortions in Mexico has also been influenced by the country's proximity to the United States. For some women, it is cheaper and easier to travel to Mexico for an abortion than to access the procedure in their own state. This is particularly true for those living in conservative states with tight restrictions on abortion, such as Texas, Oklahoma, and Florida.

While abortion remains a controversial issue in Mexico, the country's recent legal shifts have provided American women with an alternative option for terminating unwanted pregnancies. The contrast between the expansion of abortion rights in Mexico and the restriction of these rights in the United States highlights the differing approaches to this issue in the two neighbouring countries.

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