Wednesday, September 22, 2021

Mexico’s Supreme Court decriminalize abortion as unconstitutional

Mexico’s Supreme Court of Justice of the Nation (SCJN) declared this Tuesday The criminalization of women who had abortions in the first stage of pregnancy is unconstitutional and recognized the right to make decisions in a landmark judgment.

Unanimously, the Minister of the Plenary Session of the SCJN Illegal Article 196 of the Penal Code of the Northern State of Coahuila Punishment of one to three years in prison “to a woman who voluntarily performs an abortion or to a person who consensually causes an abortion.”

“There is no place within the juridical principle of this Constitutional Court in which women and those of child-bearing potential cannot consider the dilemma of continuing or interrupting their pregnancy,” argued the project of Minister Luis María Aguilar. Gave.

Abortion, the criminalization of which is a local capacity, is outlawed in only four of the country’s 32 states: Mexico City, Oaxaca, Hidalgo and Veracruz.

But now, derived from a challenge that the defunct Attorney General’s Office (PGR) made against Coahuila’s penal code in 2017, SCJN Declared unconstitutional the criminalization of women who perform abortions and health workers who assist them with consent.

“The grip of criminal law to punish those who voluntarily interrupt their pregnancy is not the power available to a legislator here, because human rights are at stake,” Minister Margarita Rios-Farjat said on Tuesday.

The decision has been “historic” because it is the first time that Mexico’s Supreme Court “puts decision-making authority at the center of the discussion,” according to Minister Aguilar.

“To think that punishing women’s right to make decisions over their own bodies is a solution that goes against the principle of minimal criminal interference,” Minister Yasmin Esquivel agreed at the first session.

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Meaning

Supreme verdict It merely invalidates the penal code of the state in question, Coahuila., but it sets a binding precedent for all courts in the country to decide in favor of women from other states.

With this, women and organizations protecting reproductive rights will be able to take advantage of precedent through the courts to combat the criminalization of abortion in other state criminal codes.

In addition, the project stated one of its implications as “the guarantee that women or pregnant persons who make such a decision will have access to their pregnancies in public health institutions in an accessible, free, confidential, secure, prompt and non-discriminatory manner.” can interrupt.”

“The state should not only completely refrain from criminalizing abortion, where the right of women or pregnant women to decide on their own bodies is restricted, but it should also guarantee the minimum conditions for this to be possible,” the minister said. Norma Pina.

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disagreement

Despite support for the project and the concept of “decision making”, ministers disagreed on whether the regime should define the timing of pregnancy.

Some ministers argued that the “decision-making authority” is not “limitless”, while the Supreme Court’s president, Arturo Zaldivar, regretted that the bill “fell short”, as it should invalidate all articles which were not limited to any Criminalize abortion under any circumstances. Sermon

“For a decade I have held in this Supreme Court that there is a fundamental right to terminate a pregnancy,” Zaldivar said.

The Supreme Court had already settled a constitutional dispute in 2008, when it declared abortion constitutional in the nation’s capital, the then Federal District.

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Mexico's Supreme Court decriminalize abortion as unconstitutional
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