With all of the fearful, worrisome, and negative news surrounding women’s rights, such as the many proposed laws regarding abortion access that have been popping up across the South this past year, such as The Texas Heartbeat Act, SB8, which prohibits abortions in the state from being performed once a heartbeat can be detected, which can often be much before an individual may know that they are even pregnant (this is one of the most extreme abortion laws passed as of late, and has been challenged by Attorney General Merrick Garland), there are some bright spots for reproductive rights on the worldstage, one such win for women coming from two recent landmark rulings by Mexico’s Supreme Court.
On September 7th, the Supreme Court ruled unanimously by ten votes that it was unconstitutional to place a total and absolute ban on abortion, thus invalidating Article 196 of the Penal Code of Coahuila, which established a prison sentence for whoever voluntarily performs an abortion on a woman with her consent.
This step towards decriminalization provides hope for progress on future issues of reproductive rights.
On September 9th, The Supreme Court of Justice of the Nation (SCJN) invalidated Article 4 Bis A, Section I, of the Political Constitution of the State of Sinaloa, that established the protection of the right to life “from the moment an individual is conceived, he enters under the protection of the corresponding Law, until his death.” The reasoning behind the Plenary’s decision was that federal entities did not have the authority to define what the origin of human life is, the concept of a “person” is, and the ownership of human rights. This authority belongs exclusively to the General Constitution, instead.
Furthermore, the Court considered that any measure to grant the status of personhood to a fetus or embryo based on this restricts the rights of reproductive and bodily autonomy of women and other pregnant individuals, and is thus unconstitutional on that account.
These two rulings mark a significant turning point in Mexico’s court system of moving towards putting women’s autonomy at the center of abortion laws and regulations.
