Sinaloa.- Behind the important decision of the Sinaloa Congress of approve amendments to various local laws that allow, freely, the legal termination of pregnancy up to the 13th week of gestationthere are legal errors that, for specialists, violate to a greater extent to teenagers.
Juan Martín Pérez García, regional coordinator of Tejiendo Redes Infancia in Latin America and the Caribbean, considered for Debate that, unfortunately, what is being found in many Congresses that seek to comply with the mandate that already exists through the Supreme Court of Justice to decriminalize abortion is legal ingenuity, and Sinaloa does not seem to be the exception.
Although the state governor has already published the decree of Congress without a veto, according to the Gire Organization, if there is legislative will, later, Congress may decide to undertake a new reform to remedy these observations.
Legal aspects
In the case of damages to minors, on the one hand, in accordance with the General Law of Victims and NOM 046, access to this service must be guaranteed for all women, with no further requirements than a statement under protest to tell the truth of that the pregnancy was the product of rape and no complaint or authorization is necessary and, from the age of 12; but, on the other hand, due to the wording of article 154 of the Sinaloa Penal Code, all deliveries or cesarean sections that result in the early termination of pregnancy are now considered a crime, even if they have medical justification.
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Díaz de León Ballesteros, deputy director of advocacy for IPAS Central America and Mexico (IPAS CAM), shared for Debate that this has the consequence that women, girls, adolescents and pregnant people, as well as health personnel who facilitate early deliveries and caesarean sections, will have criminal sanctions.
And the article does not clearly guarantee that the termination of pregnancy prior to 13 weeks is given by voluntary and informed decision. In addition, he noted that the current wording of article 158 of the Sinaloa Penal Code leaves those who cause a forced abortion unpunished.
“The reforms affect girls and women equally. Minors could be forced by their guardians to interrupt a pregnancy against their will, just like older women, but those are more likely to suffer this because they have the aggravating circumstance of being minors, ”she said. Debate.
Rights in minors
Juan Martín Pérez García, regional coordinator of Tejiendo Redes Infancia in Latin America and the Caribbean and expert in children’s rights, shared for Debate that what is needed first is that it be recognized that the legislative technique failed. Second, it is important that they update what has just been approved with the international legal framework and international treaties.
He stressed that it should be taken into account Rule 046which not only allows adolescents to know the possibilities of interruption of their pregnancy, but also the possibility of decide to terminate the pregnancy without the presence of their parents or responsible guardians.
“These contradictions that open up, create gaps that go against the victims, because if the law now approved is not respecting the progress already made in human rights, it is violating the Constitution,” he considered.
Pérez García said that the Constitution establishes the progressivity of rights, that is, that what has already been achieved in some norm, in some law, cannot be regressive in another.
legislators
For the regional coordinator of Tejiendo Redes Infancia in Latin America and the Caribbean, local legislation is failing a lot in terms of legislative technique, and this is important because when a law is not within the framework of international standards, the Constitution, the general laws, generates legal contradictions or loopholes that can be used against people, particularly girls and women.
“We are seeing quite terrible, hybrid and contradictory things between deeply moralistic ideological issues, with progressive advances in human rights,” he added.
He emphasized that human rights cannot be ideologized and less associated with a moralistic theme. For this reason, he added that a good part of the errors that are being detected and observed are due to a logic of trying to have consensus, but that in reality what they are doing is a mixture that in the legislative technique should not happen.
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The Data
Name 046
According to Gire, in practice, the authorities hinder or deny access to NOM 046, which regulates abortion for rape, requesting additional requirements, such as a prior complaint or authorization by the Public Ministry. What reveals a lack of knowledge of the authorities regarding their obligations.
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