On September 7, the Supreme Court of Mexico declared that punishment for abortion is unconstitutional, making Mexico one of the few countries in Latin America to nationally decriminalize abortion. This marks a huge step for women’s rights as Mexico is one of the biggest Catholic countries in the world, and it sets an example for other countries with similar backgrounds. However, there are still pending legal and social issues that will follow this cultural transformation.

Mexico has had a long history of pro-choice activists protesting for the legalization of abortion, arguing that women’s health is a basic human right. Despite this struggle, abortion had only been decriminalized in four of 32 states – Mexico City, Oaxaca, Veracruz, and Hidalgo – until this year. Before the passing of the new law, abortion could lead to imprisonment for up to six years depending on the state. With the rule of the Supreme Court, however, women in Mexico will no longer be charged for abortion and those who have been imprisoned for having an abortion will be allowed to ask judges for their release.

Overcoming Legal Barriers

Throughout history, Mexico has faced challenges in separating church and state due to its large Catholic population. According to Statista, it is estimated that 81 percent of the Mexican population is Catholic. Therefore, at the beginning of independence, religion was very influential in determining state affairs, rivaling the power of the federal government. Although Catholicism and the state became officially separated in 1873, religion still forms a part of Mexican identity. Due to this conservative cultural background, the decriminalization of abortion in Mexico came as a surprise to many.

The Supreme Court unanimously voted – a total of ten votes – in favor of invalidating article 196 of the penal code, which states that any woman who voluntarily interrupts a pregnancy or doctor who practices abortion could be sent to prison for one to three years in Coahuila, Mexico. Although an immediately effect of this code only applies to the state of Coahuila, Arturo Zaldívar, president of the Supreme Court of Justice states that this decision will create standards for all states. According to La Vanguardia, a Spanish daily newspaper, this result was not expected because the Supreme Court had previously failed to rule in favor of the women in the country. Moreover, it is the first time that the magistrates questioned if “abortion should or should not be considered a crime.”

However, activists state that abortion is also hard to obtain in states even where it is legal because doctors refuse as they put their own values at the forefront. This becomes an issue for women because they are then forced to choose clandestine abortions instead. According to research by Guttmacher Institute, an organization that facilitates access to legal abortion, it is estimated that annually, between 750,000 and one million Mexican women choose unsafe abortion, which can cause infection, hemorrhaging, injury to internal organs, and even death. 

Despite the Supreme Court’s ruling, there are still remnant legal issues. These include the fact that decriminalization does not mean that all states will be obligated to apply laws that allow abortion because the law will be separately constructed by each state.  Not only that, but the Supreme Court still has to discuss the issue of conscientious objection by doctors, which is also an issue in states where abortion is legalized. According to Professor Lorraine Bayard de Volo (Women and Gender Studies, University of Colorado Boulder), “Much depends upon whether conscientious objection is found constitutional. While women will no longer face criminal charges, the availability of safe, affordable abortion is another question.”

The Process and Progress to a New Culture

Pro-choice activists have gone to the streets with green banners and bandanas for years, demanding legal and safe abortions. In a deep-rooted Catholic country where abortion is looked down upon, the Mexican feminist movement has been fundamental as it promotes judicial and human rights arguments. In recent years, the voices of activists have risen in several sectors of society, making the color green a symbol for movements across Latin America, which is why the Supreme Court decided to view abortion as an issue of women’s health and human rights.

Even though this became a major step for pro-choice activists, the Supreme Court’s decision has faced opposition, mostly from religious groups. Six days after the ruling, people dressed in a light blue color were carrying banners that wrote “let’s save both lives,” expressing their rejection against the new change. According to Professor Bayard de Volo, due to the influence of religious institutions, “surveys suggest that most Mexicans are opposed to the right to elective abortion. However, recent survey results suggest that public opinion is changing in support of women’s and pregnant person’s right to choose.”

Mexico’s decision has become an example for women activists in other Latin American countries. All with a similar religious majority background, Mexico is giving hope of the prioritization of women’s rights above those of the unborn. This change is a milestone because issues where women are victims such as feminicide have been recurrent in Latin America. According to Professor Bayard de Volo, the decision of the Supreme Court is “pathbreaking.” She added, “It is an instance of liberalization of abortion rights through the judicial branch, rather than the legislative branch, as occurred in Uruguay and most recently Argentina.” Moreover, by paying attention to “women and pregnant persons,” it signals that the judicial branch is “embracing a principle of gender parity that includes transgender identity.”

The decriminalization of abortion in Mexico came as a surprise to the world. Nobody would have expected a country with the second-largest Catholic population to declare such a change in ruling. Although opposition exists, Mexico has set an example to other conservative countries around the world, sending the message to pro-choice activists and women that change is possible with determination and that “this too shall pass.”