February 28, 2021

Satisfaction by Supreme decision to endorse abortion in Mexico for rape

The decision of the Supreme Court of Justice of the Nation (SCJN) to endorse abortion in case of rape in Mexico, which supposes a precedent, has been received on Tuesday by satisfaction from various fields, including the National Human Rights Commission .

The Supreme Court ruled the day before in favor of rape victims having access to the legal termination of pregnancy without the need for the applicants to file a complaint beforehand.

In this way, the high court ended the constitutional controversies promoted by the governments of Baja California and Aguascalientes, which alleged that the reform regarding the norm issued in March 2016 by the federal Ministry of Health was "illegal and violating" of his powers.

Now the norm is declared constitutional that it is enough for the victims to state that they speak the truth verbally or in writing that they were sexually assaulted so that they may have an abortion in any public institution.

Although abortion was legal in Mexico until now, it was up to the congresses of each state to determine its application, under the principle of jurisprudence.

However, with the approval of this rule, the word of the affected party and a written request for voluntary termination of pregnancy will be sufficient in cases permitted by law and in accordance with the legal provisions for the protection of victims' rights.

In the case of children under 12 years, the request will be made through their father and / or mother and, in their absence, their guardian.

Health personnel involved in the voluntary termination of pregnancy procedure will not be required to verify what the applicant has said and the requirement of prior authorization from the competent authority is eliminated.

The SCJN said that this ruling serves to protect the rights of women and girls victims of rape.

In Mexico, abortion is regulated at the state level and there are circumstances under which it is not punished or is not considered a crime.

In the 32 states of the country, abortion is legal when the pregnancy is the result of rape, until now filing the complaint first.

In 24 states, abortion is allowed when it represents a danger of death for the mother, in 16 when there are serious genetic alterations and in 15 the risk to health and non-consensual artificial insemination are the accepted causes, while only two accept socioeconomic reasons .

. (tagsToTranslate) Satisfaction (t) decision (t) Supremo (t) Mexico (t) violation

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