In a unanimous decision, this Tuesday (7), the Supreme Court of Justice of the Nation of Mexico (SCJN) declared as unconstitutional the penalization of people who perform abortions in the first stage of pregnancy in the state of Coahuila, in a decision that has repercussions legal framework for the entire country.
“From now on, any woman who aborts in the circumstances identified by this court cannot be prosecuted,” said the president of the Court, Arturo Zaldívar.
The panel debated for two days a cause of unconstitutionality, proposed by the Attorney General’s Office, on the penal codes of the states of Coahuila and Sinaloa, which criminalize abortion, providing for up to three years in prison. The court’s decision, according to Zaldívar, was based on human rights and on the autonomy of the woman and the person with the capacity to give birth to decide on the pregnancy.
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To date, abortion has only been decriminalized in four of the 32 Mexican states: Mexico City, Oaxaca, Hidalgo and Veracruz. Today’s vote only invalidates the Couahuila Penal Code, but sets a binding precedent for regional courts to invalidate similar punishments in their laws.
The ruling also determines that the State must guarantee the right to voluntary termination of pregnancy in the public health network.
Feminist organizations announce that they will promote demonstrations in defense of the decriminalization of abortion throughout Mexican territory. The decriminalization of termination of pregnancy in Mexico City also took place after a 2008 Supreme Court decision.
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Edition: Vinícius Segalla