The plenary session of the Supreme Court of Justice of the Nation (SCJN) issued a resolution in favor of the right to abortion in Tlaxcalasince in the state authorization from a Public Ministry was needed to legally terminate the pregnancy.
The minister’s project Yasmín Esquivel Mossaapproved unanimously, points out that conditioning the interruption of pregnancy due to violation to prior ministerial authorization contradicts the principle of reproductive autonomy and the constitutional right to freely decide on motherhood.
“Therefore, it is proposed to invalidate the regulatory portion with prior authorization from the Public Ministry, which is in article 44 bis of the Health Law of the state of Tlaxcala, since it unduly conditions the procedure of public health institutions regarding the interruption of pregnancy,” Esquivel Mossa explained in a plenary session.
READ: Congress of Guanajuato rejects the decriminalization of abortion
Loretta Ortiz Ahlf, who voted in favor of the project, pointed out that the invalidated norm was deeply indifferent to the reality that women live.
“There are many reasons why a woman victim of sexual violence decides not to report this behavior. For example, fear of reprisals, distrust in the authorities, social stigmatization, lack of support, economic dependence on the aggressor or lack of knowledge of her rights,” she pointed out.
For this reason, he assured during the session of the High Court that demanding the activation of criminal proceedings as a requirement to exercise their right to health “constitutes a disproportionate and unrealistic burden that re-victimizes those who seek urgent medical attention.”
Minister Giovanni Figueroa Mejía also voted in favor of the project, but did not share the study because he considered that the methodology was not the most appropriate to carry out the approach, since “it is not possible to invalidate an article by extension that was not claimed, without invalidating the article that was subjected to constitutionality control.”
After the session, the Supreme Court published a statement highlighting that with the elimination of this provision it is recognized that subordinating this service to the authorization of the MP violates the right to decide of women and people with the capacity to conceive, by affecting their autonomy and free development of personality.
“The Plenary determined invalidity exceptionally and, being part of a regulatory system, of the articles of the Penal Code of the State of Tlaxcala that absolutely criminalized the interruption of pregnancy. Along these lines, the Court reiterated that this decision constitutes an essential component of dignity, the free development of the personality and the right to decide,” he indicated.
The Information Group on Chosen Reproduction (GIRE), a reproductive rights organization, highlighted that for the first time the new Supreme Court discussed an issue related to abortion, under the presentation of Yasmín Esquivel.
He noted that the decision is of significant relevance to reproductive justice, as it invalidates a provision that criminalized self-procured and consensual abortion.
“We celebrate this step in favor of reproductive justice in Mexico, and we trust that health institutions will provide medical care in a timely manner and without discrimination to those who require safe abortion services,” the NGO said in a statement.
EE
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