MEXICO CITY ( Associated Press) — Mexico’s Supreme Court of Justice ruled Tuesday that a raped minor can have an abortion without the consent of her parents or guardians and without requiring a complaint.
“In the event of rape, no girl or adolescent should be forced to become a mother, neither by the State, nor by their fathers, mothers, or guardians,” wrote Arturo Zaldívar, president of the high court, on his official Twitter account. “Any obstacle to obtain the interruption of pregnancy in these cases supposes re-victimization and unimaginable cruelty.”
In response to an appeal from the state of Aguascalientes, in the north-central part of the country, the Court determined that the national law that recognizes these rights is constitutional, that such services must be provided throughout the territory, and that compliance with said regulations does not interfere with the powers of the state.
In this way, rape victims have the right to request an abortion procedure in any health center, even if they are minors and without the approval of their legal guardians, as long as they have a document under oath stating the truth. declare themselves victims of that crime. In addition, they can decide whether or not to file a complaint with the public prosecutor’s office without this determining their access to termination of pregnancy.
During the session, Zaldívar assured that forcing women or girls to carry a pregnancy to term as a result of rape “implies a total disregard of their human dignity, autonomy and free development of the personality” and is a form of gender violence.
The decision represents a new support for the right to decide of adolescents after the Court ruled in September that the criminalization of abortion was unconstitutional and established that the states do not have the competence to define the origin of life. After that ruling, several states changed their laws to comply with it.
The pronouncement is one more victory for the feminist groups that denounced on many occasions that there are pregnancies of minors as a result of rape within their own families, with which the possibility of denouncing or obtaining authorization to have an abortion was almost impossible.
The sentence takes place when in the United States the ways for access to the voluntary interruption of pregnancy are being closed in many states and the Supreme Court of that country is heading to annul a 1973 ruling that guaranteed the constitutional right to abortion.