Mexico apex court decriminalises abortion countrywide

Judges in states that still criminalise abortion will have to take account of the Supreme Court's ruling.

Some American women were already seeking the help of Mexican abortion activists to obtain the pills used to end their pregnancies. / Photo: AFP
AFP

Some American women were already seeking the help of Mexican abortion activists to obtain the pills used to end their pregnancies. / Photo: AFP

Mexico's Supreme Court has decriminalised abortion nationwide, 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 on Wednesday 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 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.

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Restrictions across Latin America

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.

After decades of work by campaigners 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.

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