What Did the Supreme Court Decide Regarding Abortion?

The Supreme Court determined that it is unconstitutional to criminalize abortion in an absolute way. The Court spoke in favor of the right of women and pregnant people to decide, without facing criminal consequences. The articles that criminalized abortion in Coahuila were expelled from that law (they will no longer exist).

Mauro Arturo Rivera (2021) explains that the effect is similar to if the legislator had repealed the crime since the conduct is no longer punishable. There is no basis to maintain the deprivation of liberty. People who have been sentenced in Coahuila will get their freedom but not so in states where the crime is formally punishable. The criteria of the Court are mandatory for all judges in Mexico, hence, if there are people in process, they can request that a constitutional control be exercised on the criminal type of abortion, either by incident or through a trial of amparo (@MauroArturo).

Abortion is a crime in other states (with the exception of CDMX, Oaxaca, Hidalgo, Veracruz and Coahuila). The Court did not force Congresses to eliminate abortion. If a Congress decides to take this criterion to eliminate the criminal type of abortion, it will do so because it wants to.

This publication is not an opinion on religious, moral, or ethical issues. We are simply trying to explain the legal effects.

If you have questions or require information related to this matter, please contact us at info@integrolegal.com.