Analysis-Mexico has decriminalized abortion, but nationwide access remains elusive

In a remarkable ruling by Mexico’s Supreme Court, abortion has been declared unconstitutional, overturning a federal law that criminalized the procedure and granting a significant victory to abortion rights advocates in the predominantly Catholic country. The decision comes after years of advocacy since 2021, when the court first invalidated a law criminalizing abortion in the northern state of Coahuila.

This groundbreaking ruling sets a precedent and paves the way for the federal health system in Mexico to begin offering abortion services, greatly expanding access. As a result, Mexico may become a sought-after destination for individuals from the United States seeking abortions due to more restrictive laws in their own country.

However, it is important to note that the implementation of expanded abortion access will not happen overnight. Its success will depend on the political and legislative will of the federal government, according to Mexican abortion rights advocates. Currently, the federal health system is only obligated to provide abortion services in cases of rape or to preserve the mother’s health, so access remains limited.

Maria Antonieta Alcalde, Latin America and Caribbean director of reproductive rights organization IPAS, believes that the national health ministry should easily be able to implement abortion services, whether through medication or surgery, as it already offers a wide range of healthcare services to the majority of the population. However, political will is crucial for its realization.

There has been no comment from the health ministry regarding the timeline for providing abortion services. The speed at which federal services are launched could depend on the next president, as both female candidates nominated for the June 2024 election support abortion rights. Claudia Sheinbaum, the former Mexico City mayor, and Xochitl Galvez, the senator chosen by the main opposition coalition, have shown their support for abortion rights and would oversee the implementation of the court’s ruling should they become president.

The decriminalization of abortion in Mexico follows a series of advancements in reproductive rights across Latin America in recent years, counter to the tightening of restrictions in the United States. The United States Supreme Court’s decision to overturn the federal right to abortion in June 2022 has led more and more American abortion seekers to turn to Mexico, where informal volunteer networks have long provided abortion-inducing pills.

The recent court ruling in Mexico is expected to make ending a pregnancy much more accessible throughout the country, through both state-run clinics and informal networks, thereby further cementing Mexico as a destination for individuals seeking abortions. Veronica Cruz, the founder of Las Libres, a volunteer network in Guanajuato, witnessed an increase in American women seeking abortion pills after the Supreme Court’s decision on Roe v. Wade was overturned. She believes that the ruling will provide even more options for Americans seeking abortions in Mexico.

As a result of the court’s decision, abortion rights advocates anticipate that the national congress will draft legislation to regulate abortion in the federal health code. This legislation will determine the conditions under which abortion will be legal in Mexico, including a gestational limit. Additionally, they expect provisions to be added to the general health law, enabling state-level regulations.

While only 12 out of Mexico’s 32 states have removed abortion from their penal codes, a federal law explicitly legalizing abortion would protect patients in all states. The timeframe for universal access to abortion in Mexico is uncertain, but the advocacy group Information Group on Reproductive Choice (GIRE) is prepared to challenge any resistance to providing services at the federal level.

Inevitably, the implementation process will take time, emphasized Isabel Fulda, deputy director at GIRE.

Reporting by Gabriella Borter; editing by Stephen Eisenhammer and Josie Kao