Historic Win For the Green Wave in Mexico

NOVA YORK, NY — On Wednesday, Sept. 6, the Mexican Supreme Court ruled to decriminalize abortion at the federal level. After the Court’s decision in September 2021 said that criminal penalties for abortion were unconstitutional because they violated human dignity, autonomy, equality, reproductive health, and freedom, among other rights, this ruling now concludes that the section of the federal penal code that criminalizes abortion will no longer be in effect and, therefore, no woman or pregnant person can be punished for having an abortion.

Despite the 2021 decision, many state-level penal codes kept abortion as a crime with some exceptions. Only 12 out of the 32 Mexican states have officially legalized abortion, including Aguascalientes state last week.

This new ruling ensures people can seek and provide abortion care at federal health institutions in any Mexican state without persecution by the courts. The Supreme Court also urged all judges at the federal and local levels to make decisions based on these federal rulings related to abortion. While abortion still won’t be fully legal until all 32 states eliminate it from their penal codes, now no person can be prosecuted by the judicial system.

This landmark decision comes after years of strategic litigation with the Mexican Supreme Court led by Fòs Feminista’s partner, GIRE, and other feminist organizations.

In response to the ruling, Giselle Carino, diretora executiva da Fòs Feminista, an international feminist alliance that supports GIRE’s efforts, issued the following statement:

“We celebrate the Court’s decision as a significant victory for all women, girls, and people who can become pregnant in Mexico, and particularly for marginalized people who are most impacted by the criminalization of abortion. We also congratulate GIRE and other feminist organizations for their critical work that helped to make this progress a reality. Despite the horrific rollback of access in the United States, it is clear that the world is opening access to abortion, with Mexico now the latest example. The Green Wave of feminists fighting in solidarity for abortion justice is stronger than ever.”

Rebecca Ramos, director of GIRE, which filed the lawsuit that prompted the Court’s decision Wednesday, expressed:

“This decision is a historical milestone representing a turning point in the defense of reproductive justice. Federal health institutions will be required to provide abortion services when requested, which means that more than 70 percent of women and people with the capacity to get pregnant can now access a legal abortion in Mexico. Still, there is work to be done. We are hopeful that states that have yet to update their local laws will follow the lead of our nation’s highest court and act immediately to guarantee bodily autonomy.”

Mexico’s decision to decriminalize abortion is part of the rising Onda verde para os direitos reprodutivos that is sweeping Latin America and the Caribbean. The Green Wave emerged in Argentina as diverse civil society groups coalesced around the demand to decriminalize abortion, culminating in the passage of legislation in December 2020 that allowed people to terminate their pregnancies during the first trimester. Then in February 2022, the Supreme Court in Colombia voted to decriminalize abortion up to 24 weeks.

The rise of the Green Wave stands in stark contrast to events in the United States, where the Supreme Court has gutted the legal right to abortion and attempted to ban medication that has safely been used to manage and end pregnancies.

###

Fòs Feminista é uma aliança feminista internacional centrada na saúde sexual e reprodutiva, nos direitos e na justiça para mulheres, meninas e pessoas com diversidade de gênero. Juntamente com mais de 135 organizações locais em todo o mundo, nós nos envolvemos em cuidados com a saúde, educação e defesa de direitos para promover nossa agenda. Isso inclui a prestação de serviços de saúde sexual e reprodutiva e a implementação de estratégias baseadas na comunidade que tornam a saúde sexual e reprodutiva mais acessível a mulheres, meninas e outras pessoas marginalizadas. Também envolvemos os jovens com educação sexual abrangente e prestamos atendimento a sobreviventes de violência de gênero. Estamos ao lado de nossos parceiros nas ruas, nos tribunais e em outros espaços de defesa como uma voz feminista sem remorso, resistindo à injustiça e defendendo a igualdade de gênero e os direitos reprodutivos local e globalmente.

GIRE is a feminist, human rights organization that has worked for almost 30 years accompanying women and other people with the ability to get pregnant in the exercise of their reproductive rights. Through a comprehensive strategy of legislative and public policy advocacy, accompaniment of cases, research and communications we aim to push forward issues such as abortion, obstetric violence, maternal mortality, work-life balance and access to assisted reproduction techniques.