With the approval of the decriminalization of abortion in Pueblayesterday Monday July 15, the green tide is advancing in Mexico, with a total of 14 entities where the Penal Code has been modified to allow abortion up to 12 weeks of gestation.
The resolution was approved with a total of 29 votes in favor, seven against and four abstentions during the Ordinary Session of the local Congress.
It should be noted that Puebla legislation will maintain abortion as a crime in the Criminal Code when it is carried out after the specified time limit. In cases of sexual violence, these sanctions may vary.
Decriminalization at the federal level
The decriminalization of abortion at the federal level It was issued by the Supreme Court of Justice of the Nation (SCJN) on September 6, 2023following the resolution of an injunction issued by the Information Group on Chosen Reproduction (GIRE).
The appeal was against the Congress of the Union and the Federal Executive for having issued a regulation that criminalizes abortion. Therefore, the SCJN resolution modified the Federal Penal Code to remove the effects of the criminalization of abortion.
Therefore, from that day on, at the federal level, no woman or pregnant person, nor health personnel, may be punished for performing an abortion or providing abortion services to all women and people with the ability to bear children who request it.
Decriminalization by entity
Mexico City was the first to legalize abortion in 2007 and 12 years later, in 2019, Oaxaca joined this list, as the second state.
In 2023, 12 states approved legal abortion, and two more followed suit in 2024. Currently, 14 states have decriminalized abortion. These are:
- Mexico City
- Oaxaca
- Baja California
- Coahuila
- Veracruz
- Colima
- Gentleman
- Warrior
- Baja California Sur
- Sinaloa
- Quintana Roo
- Aguascalientes
- Jalisco
- Puebla
Causes of ILE in Mexico
There are several reasons why legal abortion (ILE) is permitted in the country.
1- Sexual violence
2- Reckless or negligent acts
In 30 states abortion is permitted under this condition, with the exception of Nuevo León and Tabasco.
3- When a woman’s life is in danger
This applies to the states of Aguascalientes, Baja California, Baja California Sur, Chiapas, Coahuila, Colima, Durango, Jalisco, State of Mexico, Morelos, Nayarit, Nuevo Leon, Oaxaca, Puebla, Quintana Roo, San Luis Potosi, Sinaloa, Sonora, Tabasco, Tamaulipas, Tlaxcala, Veracruz, Yucatan and Zacatecas.
4- Due to product malformations
This casual applies in the states of Baja California Sur, Chiapas, Coahuila, Colima, Mexico City, Guerrero, Hidalgo, State of Mexico, Michoacan, Morelos, Oaxaca, Puebla, Quintana Roo, Tlaxcala, Veracruz and Yucatan.
5- When the woman’s health (physical, psychological or social) is at risk
This applies to the states of Baja California Sur, Campeche, Chihuahua, Coahuila, Colima, Mexico City, Guerrero, Hidalgo, Jalisco, Michoacan, Nayarit, Nuevo Leon, Oaxaca, Tamaulipas Tlaxcala and Zacatecas.
6- Economic reasons
In Michoacán and Yucatán, abortion is also authorized when there are serious economic reasons.
7- Non-consensual artificial insemination
This reason applies to the states of Baja California, Baja California Sur, Chihuahua, Colima, Mexico City, Guerrero, Hidalgo, Michoacan, Morelos, San Luis Potosi, Tabasco, Tlaxcala and Veracruz.
It’s important pointing that for abortion to be legal, safe, free and universal Each entity must legislate at the local level to guarantee this right to its population.
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