In Mexico, stigma around abortion persists, based on the idea that motherhood is women’s obligatory function. This idea continues to permeate not only culture, but government institutions and laws, and represents a violation of human rights. This stigma constitutes the basis for the legal and social criminalization of abortion, which specifically affects women and other pregnant people, generally in contexts of violence, economic marginalization and lack of access to reproductive information. In addition, it sends a strong message from the State regarding reproductive decisions that correspond to the private sphere.
In cases when abortion services are denied, GIRE has identified that, regardless of the reason used, there is a lack of knowledge on the part of authorities, health personnel, including some judges, about the current regulations and care for victims, as well as the human rights standards that have been established in recent years, based on Supreme Court precedents.
Some of the cases that we have accompanied have been resolved by the Supreme Court, establishing important legal precendent towards achieving effective access to abortion:
Marimar and Fernanda / Denial of legal abortion in cases of rape / 2018
The Court affirmed that said denial constituted a violation of her human rights and reaffirmed the legal obligation of health service providers to guarantee access to abortion in cases of rape.
Marisa / Denial of legal abortion when there is a health risk / 2019
The Court confirmed that denying abortion services is a violation of human rights, especially when the woman’s health is in danger, and recognized that women’s right to health includes access to abortion.
Jessica / Denial of legal abortion in cases of rape / 2021
The Court ruled that limiting the period of legal abortion for rape survivors is discriminatory, especially for those who live with a disability.
The exponential increase in initiatives around safe abortion is an expression of the Marea Verde’s (Green Tide, in English) achievements has had in the fight for human rights and reproductive justice. Although there is still a long way to go to make access to legal, safe and free abortion a reality throughout the country, this movement continues to make waves in favor of the freedom and autonomy of women and other people with the capacity to gestate
Today, our main goal is that abortion be completely decriminalized throughout Mexico to instead be recognized as a health service.
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