MEXICO – News from GIRE (Grupo de Información en Reproducción Elegida)

Image: Women with disabilities have the right to decide to become mothers.

Image: Photo of the wheeled rally and demonstration participants with the slogan #AbortoLegalYa (#LegalAbortionNow) near the Mexican Senate.

This month, during the celebration of Mother’s Day, we want to share an update on our activities. We envision motherhood as always being chosen, diverse and lived with inclusion. GIRE is committed to the fight for a chosen motherhood and believes that all women are free to make decisions about their reproductive life with full access to information and without discrimination. For this reason, on May 10, GIRE sought to convey the message that women with disabilities have the right to be mothers and to access healthcare services free of discrimination and violence.

On 25 April 2024, the Mexican Second Collegiate Criminal Court of the Third Circuit, after studying an amparo (in Mexican law, an instrument for the protection of individual rights) of our national legal strategy, declared the Penal Code of Jalisco’s articles that criminalize elective abortion unconstitutional and ordered the local Congress to repeal the prohibition of elective abortion.

This amparo was filed by our allies: (1) Centro de Acompañamiento, Desarrollo e Investigación Feminista (CADIfeminista), (2) Centro de la Diversidad y los Derechos Sexuales, (3) Centro de Justicia para la Paz y el Desarrollo (CEPAD), (4) Omeyocán, Psicoterapia, Sexología y Desarrollo, and (5) Colectivo Latinoamericano Emma Goldman. In its resolution, the above-mentioned Collegiate Court stands by the criteria established by the Mexican Supreme Court in the Unconstitutionality Claim 148/2017, which determined that the use of criminal law for the absolute prohibition of abortion is unconstitutional, as well as in the Amparo resolutions 79/2023 and 267/2023, which ordered the Congress of Aguascalientes and the National Congress, respectively, to repeal the crime of elective abortion in the corresponding criminal laws.

On April 29, Marea Verde MX, a coalition of which we are a part, together with the Instituto de Liderazgo Simone de Beauvoir and the group Balance, demonstrated in front of the Mexican Senate to demand that the Federal Congress eliminates the crime of elective abortion from the Federal Criminal Code. Despite the fact that the Mexican Supreme Court declared the criminalization of abortion unconstitutional and ordered the repeal of the corresponding articles, the Federal Congress has not yet complied with the corresponding legislative reform. We and all the organizations that are part of Marea Verde MX will continue to urge the Federal Legislative Branch to fulfil its constitutional duty so that women and other people with the capacity to become pregnant have access to legal and safe abortion in Mexico.

SOURCE: GIRE Newsletter: E-mail: 13 May 2024