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Mexico's Supreme Court decriminalises abortion nationwide

Published:Wednesday | September 6, 2023 | 4:37 PM
A woman holds up a sign with a message that reads in Spanish; "I will decide" as she joins a march demanding legal, free and safe abortions for all women, marking International Safe Abortion Day, in Mexico City, September 28, 2022. Mexico’s Supreme Court on Wednesday, September 6, 2023, has decriminalised abortion nationwide. (AP Photo/Marco Ugarte, File)

MEXICO CITY (AP) — Mexico's Supreme Court decriminalised abortion nationwide Wednesday, two years after ruling that abortion was not a crime in one northern state.

That earlier ruling had set off a grinding process of decriminalising abortion state by state.

Last week, the central state of Aguascalientes became the 12th state to decriminalise the procedure. Judges in states that still criminalise abortion will have to take account of the top court's ruling.

The Supreme Court wrote on X, the platform formerly known as Twitter, that it had decided that "the legal system that criminalised abortion in the Federal Penal Code is unconstitutional, (because) it violates the human rights of women and people with the ability to gestate."

The court's sweeping decision Wednesday comes amid a trend in Latin America of loosening restrictions on abortion, even as access has been limited in parts of the United States. Some American women were already seeking the help of Mexican abortion activists to obtain the pills used to end their pregnancies.

Mexico City was the first Mexican jurisdiction to decriminalise abortion 15 years ago.

The Information Group for Chosen Reproduction, known by its Spanish initials as GIRE, said the court decided that the portion of the federal penal code that criminalised abortion no longer has any effect.

"No woman or pregnant person, nor any health worker will be able to be punished for abortion," the non-governmental organisation said in a statement.

The impact also means that the federal public health service and any federal health institution must offer abortion to anyone who requests it, GIRE said. The court ordered that the crime of abortion be removed from the federal penal code.

Across Latin America, countries have made moves to lift abortion restrictions in recent years, often referred to as a "green wave."

After decades of work by feminist activists across the region, the wave picked up speed in Argentina, which in 2020 legalised the procedure. In 2022, Colombia, a highly conservative country, also decriminalised abortion.

Many organisers worry, however, that the lifting of restrictions may not translate to expanded access in highly conservative and religious countries.

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