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People protest in favor of access to abortion in Mexico, September 29, 2020.
© 2020 Cover Images/AP Photo
This week, Mexico’s Aguascalientes state took an alarming step backwards on access to abortion in violation of Mexico’s legal obligations.
One year ago, in August 2023, Mexico’s Supreme Court ordered the decriminalization of abortion in Aguascalientes, after five civil society organizations – GIRE, CECADEC, Cultivando Género, Morras Help Morras, and TERFU A.C. – challenged the abortion prohibition in the state’s criminal code. In accordance with the ruling, the Aguascalientes Congress reformed the state’s criminal code in December 2023, decriminalizing abortion during the first 12 weeks of pregnancy.
But by approving this new law, that same Congress is now effectively outlawing abortion access. The sharp reduction in the number of weeks in which women, girls, and pregnant people can access legal abortion, from 12 weeks to 6, will severely limit access to this essential health service.
The change conflicts with Mexico’s obligations under international human rights law, including those concerning sexual and reproductive health, and autonomy and nondiscrimination. Restrictions on access to safe and legal abortion services can place many other internationally protected rights at risk, including the right to life, health, and information; to freedom from torture and cruel, inhuman, and degrading treatment; to privacy and bodily autonomy and integrity; and to decide the number and spacing of children.
The six-week ban also contradicts Mexico’s Supreme Court precedents and the World Health Organization (WHO) has recommended avoiding the enactment of laws prohibiting abortion based on gestational age limits.
The six-week limit will in practice place abortion out of reach for many due to its excessively tight time constraints. It will disproportionately affect adolescents and young people, those living in conditions of poverty, and people with disabilities. It will compel painful choices: forcing pregnant people to travel outside of the state to access care, manage abortion outside the health system, or continue a pregnancy against their wishes.
This harmful law will now reach the Aguascalientes governor’s desk. She should veto it.
