Abortion in Mexico
Encyclopedia
Abortion
is a controversial issue in Mexico
, where it is offered on request to any woman up to twelve weeks into a pregnancy in Mexico City
, but forbidden in 18 out of 31 Mexican state constitutions. , 52,484 interruptions have been carried out in the capital city since its decriminalization (2007) and more than a dozen women haven been sentenced to up to 30 years in prison in conservative-leaning states such as Guanajuato
.
decision in 2008 found no legal impediment to it in the federal Constitution
and stated that, "to affirm that there is an absolute constitutional protection of life in gestation would lead to the violation of the fundamental rights of women".
All states' penal codes permit abortions in cases of rape
, and all but Guanajuato
, Guerrero
and Querétaro
's permit it to save the mother's life; fourteen out of thirty-one expand these cases to include severe fetal deformities; and the state of Yucatán
includes economic factors when the mother has previously bore three or more children. Nevertheless, according to Jo Tuckman of The Guardian
, in practice almost no state provides access to abortions in the cases listed, but neither do they prosecute the doctors who offer safe illegal abortions nor the cheaper life-threatening backstreet practitioners.
There are, however, some exceptions. Since 2007 Mexico City
—where approximately 7.87% of the national population lives— offers abortion on request to any woman up to 12 weeks into a pregnancy which, along Cuba
's, is one of the most liberal legislations on this matter in Latin America
. In contrast, recent political lobbying on behalf of the dominant Roman Catholic Church
and pro-life
organizations has resulted in the amendment of more than half of the state constitutions, which now define a fertilized human egg as a person with a right to legal protection. , none of those states has removed its exceptions to abortion to reflect the changes in its constitution, but according to Human Rights Watch
and a local NGO, over the past eight years the conservative-leaning state of Guanajuato
"has denied every petition by a pregnant rape victim for abortion services" and about 130 of its residents have been sentenced for seeking or providing illegal abortion.
and the Guttmacher Institute
estimated 880,000 abortions carried out annually, with an average of 33 abortions a year for every 1,000 women between the ages of 15 and 44. However, such studies are speculative —as abortion is highly restricted and reliable data is not readily available— with some estimates ranging as low as 297,000 abortions per year.
, 52,484 interruptions have been carried in Mexico City since its decriminalization (2007), where some 85 percent of the gynecologists in the city’s public hospitals have declared themselves conscientious objectors. Among the petitioners, 78% were local residents, 21% were living out-of-state and 1% were foreigners from countries such as Germany
, Argentina
and Canada
. As for their age, 0.6% were between 11 and 14, 47.6% were between 18 and 24, 22% between 25 and 29, 13% between 30 and 34 and 2.7% between 40 and 44 years old. More than half were single.
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
is a controversial issue in Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
, where it is offered on request to any woman up to twelve weeks into a pregnancy in Mexico City
Mexico City
Mexico City is the Federal District , capital of Mexico and seat of the federal powers of the Mexican Union. It is a federal entity within Mexico which is not part of any one of the 31 Mexican states but belongs to the federation as a whole...
, but forbidden in 18 out of 31 Mexican state constitutions. , 52,484 interruptions have been carried out in the capital city since its decriminalization (2007) and more than a dozen women haven been sentenced to up to 30 years in prison in conservative-leaning states such as Guanajuato
Guanajuato
Guanajuato officially Estado Libre y Soberano de Guanajuato is one of the 31 states which, with the Federal District, comprise the 32 Federal Entities of Mexico. It is divided in 46 municipalities and its capital city is Guanajuato....
.
Legality of abortion
In Mexico, abortion proceedings fall under local state legislation, as a landmark Supreme CourtSupreme Court of Justice of the Nation
The Supreme Court of Justice of the Nation is the highest federal court in the United Mexican States. It consists of a President of the Supreme Court and ten Ministers who are confirmed by the Senate from a list proposed by the President of the Republic.Justices of the SCJN serve for fifteen...
decision in 2008 found no legal impediment to it in the federal Constitution
Constitution of Mexico
The Political Constitution of the United Mexican States is the current constitution of Mexico. It was drafted in Santiago de Querétaro, in the State of Querétaro, by a constitutional convention, during the Mexican Revolution. It was approved by the Constitutional Congress on February 5, 1917...
and stated that, "to affirm that there is an absolute constitutional protection of life in gestation would lead to the violation of the fundamental rights of women".
All states' penal codes permit abortions in cases of rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
, and all but Guanajuato
Guanajuato
Guanajuato officially Estado Libre y Soberano de Guanajuato is one of the 31 states which, with the Federal District, comprise the 32 Federal Entities of Mexico. It is divided in 46 municipalities and its capital city is Guanajuato....
, Guerrero
Guerrero
Guerrero officially Estado Libre y Soberano de Guerrero is one of the 31 states which, with the Federal District, comprise the 32 Federal Entities of Mexico. It is divided in 81 municipalities and its capital city is Chilpancingo....
and Querétaro
Querétaro
Querétaro officially Estado Libre y Soberano de Querétaro de Arteaga is one of the 31 states which, with the Federal District, comprise the 32 Federal Entities of Mexico. It is divided into 18 municipalities and its capital city is Santiago de Querétaro....
's permit it to save the mother's life; fourteen out of thirty-one expand these cases to include severe fetal deformities; and the state of Yucatán
Yucatán
Yucatán officially Estado Libre y Soberano de Yucatán is one of the 31 states which, with the Federal District, comprise the 32 Federal Entities of Mexico. It is divided in 106 municipalities and its capital city is Mérida....
includes economic factors when the mother has previously bore three or more children. Nevertheless, according to Jo Tuckman of The Guardian
The Guardian
The Guardian, formerly known as The Manchester Guardian , is a British national daily newspaper in the Berliner format...
, in practice almost no state provides access to abortions in the cases listed, but neither do they prosecute the doctors who offer safe illegal abortions nor the cheaper life-threatening backstreet practitioners.
There are, however, some exceptions. Since 2007 Mexico City
Mexico City
Mexico City is the Federal District , capital of Mexico and seat of the federal powers of the Mexican Union. It is a federal entity within Mexico which is not part of any one of the 31 Mexican states but belongs to the federation as a whole...
—where approximately 7.87% of the national population lives— offers abortion on request to any woman up to 12 weeks into a pregnancy which, along Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
's, is one of the most liberal legislations on this matter in Latin America
Latin America
Latin America is a region of the Americas where Romance languages – particularly Spanish and Portuguese, and variably French – are primarily spoken. Latin America has an area of approximately 21,069,500 km² , almost 3.9% of the Earth's surface or 14.1% of its land surface area...
. In contrast, recent political lobbying on behalf of the dominant Roman Catholic Church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
and pro-life
Pro-life
Opposition to the legalization of abortion is centered around the pro-life, or anti-abortion, movement, a social and political movement opposing elective abortion on moral grounds and supporting its legal prohibition or restriction...
organizations has resulted in the amendment of more than half of the state constitutions, which now define a fertilized human egg as a person with a right to legal protection. , none of those states has removed its exceptions to abortion to reflect the changes in its constitution, but according to Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
and a local NGO, over the past eight years the conservative-leaning state of Guanajuato
Guanajuato
Guanajuato officially Estado Libre y Soberano de Guanajuato is one of the 31 states which, with the Federal District, comprise the 32 Federal Entities of Mexico. It is divided in 46 municipalities and its capital city is Guanajuato....
"has denied every petition by a pregnant rape victim for abortion services" and about 130 of its residents have been sentenced for seeking or providing illegal abortion.
Demographics and public opinion
A 2008 study funded by the National Population Council (CONAPO), El Colegio de MéxicoEl Colegio de México
El Colegio de México, A.C. is a prestigious Mexican institute of higher education, specializing in teaching and research in the social sciences and the humanities...
and the Guttmacher Institute
Guttmacher Institute
The Guttmacher Institute is a non-profit organization which works to advance sexual and reproductive health. The institute operates in the United States and globally "through an interrelated program of social science research, policy analysis and public education." According to their mission...
estimated 880,000 abortions carried out annually, with an average of 33 abortions a year for every 1,000 women between the ages of 15 and 44. However, such studies are speculative —as abortion is highly restricted and reliable data is not readily available— with some estimates ranging as low as 297,000 abortions per year.
, 52,484 interruptions have been carried in Mexico City since its decriminalization (2007), where some 85 percent of the gynecologists in the city’s public hospitals have declared themselves conscientious objectors. Among the petitioners, 78% were local residents, 21% were living out-of-state and 1% were foreigners from countries such as Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, Argentina
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
and Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
. As for their age, 0.6% were between 11 and 14, 47.6% were between 18 and 24, 22% between 25 and 29, 13% between 30 and 34 and 2.7% between 40 and 44 years old. More than half were single.
Recent surveys
- In a May 2005 Consulta Mitofsky survey, when asked, "Would you agree or disagree with the legalization of abortion in Mexico?", 51% of polltakers said that they would disagree, 47.9% said that they would agree, and 1.1% said that they were unsure.
- A November 2005 IMO survey found that 73.4% of Mexicans think abortion should not be legalized while 11.2% think it should.
- A January 2007 Consulta Mitofsky poll examined attitudes toward birth controlBirth controlBirth control is an umbrella term for several techniques and methods used to prevent fertilization or to interrupt pregnancy at various stages. Birth control techniques and methods include contraception , contragestion and abortion...
methods in Mexico, asking, "Currently, there are many methods meant to prevent or terminate a pregnancy. In general, do you agree with the following methods?" 32.1% of respondents stated that they agreed with abortion. - A March 2007 Parametría survey compared the opinions of people living in Mexico City with those living throughout the rest of the country, asking, "Do you agree or disagree with allowing women to have an abortion without being penalized, if the procedure takes place within the first 14 weeks of a pregnancy?" In Mexico City, 44% said they "agree", 38% that they "disagree", 14% that "neither" agree nor disagree, and 3% that they are "not sure". Throughout the rest of Mexico, 58% of those surveyed said that they "disagree", 23% that they "agree", 15% that they "neither" agree nor disagree, and 4% that they are "not sure".