Tuesday, September 30, 2025 | Human rights, Uncategorized

Congress urged to comply with Court ruling and remove abortion crime from Federal Criminal Code

  • The signatory organizations rejected any form of criminalization of abortion providers, those accompanying them or medical personnel.
  • Abandoning the use of criminal law is fundamental to guarantee full and safe access to this health service.

September 28, 2025, CDMX. Feminist organizations and human rights groups called for a “Sonidero for legal, safe and free abortion” in front of the Senate and demanded that the Congress of the Union comply with the ruling of the Supreme Court of Justice of the Nation (SCJN), which in September 2023 declared unconstitutional the absolute criminalization of abortion in the Federal Penal Code.

The highest court ruled in amparo 267/2023 and determined that the criminalization of voluntary abortion violates the human rights of women and pregnant women. The SCJN ordered the Legislative Branch to reform the criminal legislation to repeal the crime; however, to date, the mandate has not been carried out.

Currently, 23 states in the country have made progress in the partial decriminalization of abortion, an advance that is to be celebrated, as it represents a step towards the recognition of reproductive rights. However, in nine states – Aguascalientes, Durango, Morelos, Guanajuato, Nuevo León, Sonora, Querétaro, Tamaulipas and Tlaxcala – voluntary termination of pregnancy continues to be considered a crime.

From the perspective of international organizations and the Court itself, abortion should not be regulated through criminal laws, but through health regulations that guarantee safe access, without time limits or third-party authorization, and under conditions of dignity, equality and affordability.

The signatory organizations rejected any form of criminalization towards those who have abortions, their companions or medical personnel, as they consider that this legalized practice eliminates barriers and provides legal certainty to those who participate in the procedures. “Abandoning the use of criminal law is fundamental to guarantee full and safe access to this health service,” they said.

They also called for the inclusion of an accessibility perspective in abortion services for persons with disabilities, stressing that the Mexican State has the obligation to ensure the right to decide in conditions of justice, equality and non-discrimination.

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