Mexico - September 2023

On 6 September 2023, the Supreme Court determined that provisions of the federal criminal code that establish the prohibition of abortion are unconstitutional as they are contrary to women’s right to choose and people’s ability to conceive. The Court reasoned that the provisions in question violated the rights to free personal development, reproductive autonomy, health, equality and non-discrimination. It further characterized the criminalisation of abortion as an act of gender-based violence and discrimination. On previous occasions, the Court had ruled on the unconstitutionality of the criminalisation of abortion in local criminal codes. 

The case was brought to the Court’s attention by a civil society organization. As an effect of the ruling, the Court ordered Congress to derogate the provisions that criminalise voluntary abortion (either self-procured or consented to and practised by a medical professional or midwife).  

Sources: Suprema Corte de Justicia de la Nación, Milenio