According to Catholic News Agency, Mexico’s Supreme Court has declared that three articles that criminalize abortion in the penal code of the state of Chihuahua are unconstitutional.
On October 18, the court said that articles 143 and 145 of the penal code, which dictate penalties for women who have abortions as well as for those who force women to abort, go against the rights of women. It also declared Article 146 to be unconstitutional. It states that abortions in cases of rape within the first 90 days of pregnancy, and in cases in which a doctor says the pregnancy may cause harm to the mother’s health are still criminalized but not penalized.
Uriel Esqueda, a member of the Mexican platform Actívate (Get Active), told ACI Prensa that the court’s decision “is a great blow to the fundamental and inalienable right to life [and a] violation of legislative autonomy and powers, forcing the Congress of Chihuahua to comply with a pro-abortion agenda.”
He added that it remains unclear what the effects of the ruling will be until there is a full text of the decision published.
The Court had reviewed the law following a request for an injunction which was filed by a woman who called laws protecting preborn children from abortion “contrary to the human rights of reproductive autonomy, free development of personality, equality, and nondiscrimination, health, legal security, as well as freedom of conscience.”
In September, Mexico’s Supreme Court decided that abortion should be decriminalized across the nation, claiming that any law protecting children from abortion is unconstitutional and violates the rights of women. While certain Mexican states have moved to decriminalize abortion, there are 20 states where abortion remains illegal.
Neydy Casillas, Esq., a co-founder of the Global Center for Human Rights, told Live Action News in September that Mexico’s Supreme Court does not have the power to make changes to the criminal code. Those changes must be carried out by the legislative branch.
Editor’s Note: This article may be updated as more information becomes available.
