SCJN Orders Repeal of Criminalization of Abortion in Mexico; Congress Must Remove Articles

When resolving the injunction promoted by the Information Group on Chosen Reproduction (GIRE), by unanimous vote, the ministers declared articles 330 to 334 of the Federal Penal Code, which criminalize abortion, unconstitutional.

The First Chamber of the Supreme Court of Justice of the Nation granted an injunction against the criminalization of abortion at the federal level, however, this does not imply its decriminalization yet.

When resolving the protection promoted by the Information Group on Chosen Reproduction (GIRE), by unanimous vote, the ministers declared Articles 330 to 334 of the Federal Penal Code that criminalize abortion unconstitutional, as they violate the rights of women and pregnant people.

Proceso confirmed that, in a private session, the members of the First Chamber decided to limit the effects to request the Congress of the Union to eliminate the aforementioned articles, so the benefit of women and pregnant people accessing abortion without being prosecuted for Federal crimes will be a reality until legislators comply with the protection.

While this is happening, the articles that sanction abortion at the federal level remain in force.

In a statement, the GIRE celebrated the resolution of the First Chamber, which reiterates the criteria issued last week in another trial related to the Aguascalientes legislation.

In this matter, the ministers determined that no woman or person with pregnant abilities could be penalized in the state.

The Court has already determined that the illegal termination of pregnancy is legal when it is not for health reasons of the mother or the infant, and occurs before 12 weeks of gestation.

Original article at https://www.proceso.com.mx/nacional/2023/9/6/scjn-ordena-derogar-la-penalizacion-del-aborto-en-mexico-congreso-debe-suprimir-articulos-314370.html
Translated by Schools for Chiapas.

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