- Legal abortion is a first step towards access to services, prevention of unplanned or unwanted pregnancies and reduction of social stigma.
- We expect governmental actions to ensure the quality of services, trained health personnel, necessary supplies, technologies and adequate information.
January 24, 2025. The Congress of Nayarit approved the decriminalization of abortion throughout the state. With 17 votes in favor and 12 against, the legislators approved several reforms to the local Penal Code that will allow women and pregnant women to decide on the termination of pregnancy up to 12 weeks of gestation.
“We welcome the fact that local legislators are listening to the voices of the movement in defense of the rights of women and pregnant women. We expect governmental action to ensure that access to abortion services is safe, free, comprehensive and free of stigma and discrimination for those who request it. “said Fernanda Diaz de Leon, Deputy Director of Advocacy for Ipas Latin America and the Caribbean (Ipas LAC).
At Ipas LAC we believe that the discussion on the decriminalization of abortion should move towards the recognition of the right to avoid forced maternity, with the aspiration that all maternity should be desired and chosen, supported by a secular state and a society that respects the will of the pregnant person through justice and equity.
Background
As of August 2024, Nayarit was ordered by the Second Collegiate Court of the Twenty-Fourth Circuit to repeal the crime of abortion from its Penal Code, based on the ruling issued by the SCJN in 2021, where it was resolved that criminalizing the termination of pregnancy is a violation of the Constitution.
This advance is an achievement of Amparo en Revisión 1447/2023 filed by the civil organizations GIRE, REDEFINE Nayarit (the youth network of the Simone de Beauvoir Leadership Institute) and Aquelarre Púrpura.
The Second Collegiate Court determined the following, within the framework of this decriminalization:
- Criminalizing consensual or self-managed abortion is an act of gender-based violence and discrimination by reducing women and pregnant women to the sole purpose of procreation.
- The absolute criminalization of abortion violates the right to health.
- It is unconstitutional to impose a sanction on health professionals who perform these procedures in a consensual manner, it is discriminatory and limits the right to health of women and pregnant women.
- The normative portion “in the judgment of the attending physician, upon hearing the opinion of another physician, provided that this is possible and the delay is not dangerous” is unconstitutional, since it constitutes a barrier to effective access, especially since abortion is a time-sensitive procedure.
It is important to remember that abortion in Mexico is regulated at the state level, in the Penal Codes of each state, and under certain situations called grounds, which release or exclude from criminal liability the pregnant woman and those who provide or accompany her in the abortion procedure. In this blog we offer more information about the states that have decriminalized abortion by time limits and grounds: ipaslac.org/causales-legales-para-el-aborto-en-mexico
Safe access to abortion
The situations or grounds of each state not only establish access to abortion for those who live in that state, but also for people from other states who are in or move to the territory. In addition, women and other persons with gestational capacity have the option of self-managing their own abortion procedure at home, with the guidance of trained health professionals, as well as support networks. Self-management can be carried out with the support of virtual tools and telephone calls, so that people can do it at home and in safe spaces.
Abortion is a very safe procedure when performed under appropriate conditions: with trained personnel, necessary supplies, and adequate technology and information.
Coordinadora de Vinculación con Medios: Irene Vázquez Gudiño +52 55 3428 0544 [email protected]
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