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Today, I’d like to share a bit of the history behind the legalization of abortion in Mexico. But more importantly, I want to highlight the progress made in 2024.
How long have women and childbearing people been seeking abortions?
Abortion is not a new issue. Women and people who can get pregnant have sought abortion throughout history, often using traditional methods, though many of these were unsafe and put their lives at risk. Social movements (like feminism) have long advocated for abortion to be decriminalized and recognized as a medical service available to those who need it.
This fight has been ongoing in Mexico for over a century. For practical purposes, we’ll begin in 1991 with the founding of the National Front for Voluntary Motherhood and Abortion Decriminalization (NFVMAD). That same year, the Democratic Revolution Party (PRD) unanimously approved a resolution favoring decriminalization.
Key moments in the movement to access a safe abortion included theInternational Conference on Population and Development in Cairo in 1994 and the 1995 World Conference on Women in Beijing, which helped push abortion into public discourse. In 1998, feminist organizations united under the Women’s Access to Justice Campaign (WAJC) to push for reforms in five areas: victims’ rights, domestic violence, youth and children’s rights, anti-discrimination, and voluntary abortion.1
The most notable early progress
Beginning in the new millennium, the most significant advances in abortion were seen in Mexico City, previously known as the Distrito Federal. In 2000, the penal code was amended to add three motives in which abortion is not criminalized:
- Health risks and/or risk of death to the mother
- Fetal malformation
- Pregnancies resulting from non-consensual artificial insemination
In 2000, abortion at the woman’s discretion was not yet permitted, but this led to the Federal District becoming the entity with the clearest procedures regarding safe abortion in 2002.1
This background contributed to the April 26, 2007, approval by the Legislative Assembly of the Federal District (ALDF) of the law decriminalizing abortion up to the 12th week of pregnancy, including mechanisms for the provision of adequate health services. With the reform to the Penal Code for the Federal District, an additional provision was made to the Health Law of the Federal District, which includes the requirement that public health institutions will care for women who request a safe abortion, in addition to providing counseling and sexual and reproductive health care services.1
What about the rest of the country? Where is abortion legal in Mexico in 2024?
For over a decade, Mexico City stood alone on making safe abortion legal by women’s choice but in 2019, the Supreme Court ruled that when a pregnancy poses a risk to the physical, emotional, or social health of women and childbearing people, and gave the qualification of abortion as a health service under La Ley General de Salud.
Furthermore, it establishes that the denial of services particularly needed by childbearing people, such as abortion, constitutes an act of discrimination. On September 25 of this year, the Oaxaca State Congress approved the decriminalization of abortion up to 12 weeks of gestation. Since then, more states have joined in and endorsed the right to abortion in consecutive years.1
1. June 30, 2021: Hidalgo approves the decriminalization of abortion up to 12 weeks of pregnancy.
2. July 20, 2021: Veracruz becomes the fourth state to approve safe abortion up to 12 weeks of gestation.
3. September 7, 2021: SCJN invalidated the criminal penalty that the State of Coahuila imposes on women who have voluntary abortions during the first 12 weeks of pregnancy.
4. October 29, 2021: Baja California decriminalizes abortion up to the first 12 weeks of pregnancy.
5. December 1, 2021: Colima is the seventh state to approve safe abortion up to 12 weeks of pregnancy.
6. March 8, 2022: Sinaloa decriminalizes abortion up to the first 13 weeks of pregnancy.
7. May 17, 2022: Guerrero approves safe abortion up to 12 weeks of pregnancy.
8. June 2, 2022: Baja California Sur decriminalizes abortion up to 12 weeks of pregnancy.
9. August 30, 2023: With four votes in favor, the Supreme Court decided to decriminalize abortion thanks to an injunction filed by civil organizations in Aguascalientes.2However, on August 28, 2024, the state Congress approved reducing the limit for voluntary abortion to 6 weeks of gestation.4
10. July 15, 2024: Puebla generally approves abortions up to 12 weeks of gestation.
11. August 1, 2024: The Second Collegiate Court of the Twenty-Fourth Circuit ordered the Nayarit Congress to decriminalize abortion, considering it an act of gender-based violence and discrimination. This process continues and must be implemented before the end of the regular session (between August 18 and December 30, 2024).3
12. August 21, 2024: The Supreme Court of Justice of the Nation (SCJN) ordered the Congress of Yucatán to decriminalize abortion in that state. The First Chamber determined that the Yucatan Legislature must repeal four articles—389, 390, 392, and 393, of the state Penal Code that criminalize voluntary termination of pregnancy in the state.4 At the time of writing this blog (November 2024), this has not yet happened.
13. October 10, 2024: Michoacán decriminalizes voluntary abortion up to 12 weeks of pregnancy.5
14. October 5, 2024: Jalisco decriminalizes abortion up to 12 weeks of gestation, thus complying with the order of a Collegiate Court.5
15. November 20, 2024: Zacatecas decriminalized abortion up to 12 weeks.5
16. November 25, 2024: The State of Mexico approves the decriminalization of abortion up to 12 weeks of gestation.5
17. November 26, 2024: Chiapas decriminalizes abortion up to 12 weeks of gestation.5
Despite this progress, much work remains to ensure that all women and pregnant people can fully exercise their right to choose.
Therefore, you need to know that there are organizations like Telefem that offer remote medical care nationwide, providing relevant information on abortions. If you have any questions, contact us on WhatsApp!
Why is it so hard to decriminalize abortion nationwide?
The reasons may vary, but one thing is common in all cases: the stigmatization of abortion by a conservative culture like Mexico’s, which is heavily influenced by Catholicism and Christianity heavily influence. Stigma is a social construct based on the cultural stereotypes of patriarchal societies. In these societies, women are subjected to cultural expectations of procreation and are often placed at the mercy of men’s desires.6
Some narratives frame the embryo as a distinct life to justify the stigmatization of women seeking abortions. In extreme situations, some women and people capable of bearing children are intimidated outside abortion clinics. Therefore, it is essential to build support networks for those who choose to terminate their pregnancies, thus guaranteeing their lives and the whole exercise of their sexual and reproductive rights.6
Throughout history, women and people with uteruses have been criticized due to social norms surrounding the “maternal instinct.” Since ancient times, female reproductive capacity has been highly valued by societies. However, it is mistaken to think that female oppression is biological. Instead, it is a historical situation that responds to the cultural demands of a patriarchal structure.6
The rejection of women who have opted for abortion stems from a collective perception that considers this practice morally unacceptable. This view manifests itself in behaviors and comments rejecting them. Despite legislative advances in Mexico, the stigma persists, influenced by conservative views, many of them rooted in religion and by the stereotype of motherhood as a mandate.6
Support networks, communication, and information about abortion are necessary to reduce its stigma. Therefore, you must become aware of more spaces where decisions not to bear children are not questioned, and that support your decision regarding your pregnancy. Telefem is a nonprofit organization that supports your right to choose and connects you with specialists who offer remote medical guidance throughout the country. Review the services that include professional care and the Telefem kit, which will help you exercise your rights and autonomy.
Now that you know more about the history of safe abortion in Mexico, we invite you to continue learning about that. Visit our blogs, as we have a wealth of information focused on your sexual and reproductive health. See you next time!
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* This content is for informational purposes only and does not replace professional medical advice and applies only to Mexico’s law and context.
References:
- CONAPO. El reconocimiento de la Interrupción Legal del Embarazo en México. 2022. [Visit November 2024]. [Internet]. Available at: https://www.gob.mx/cms/uploads/attachment/file/745157/El_reconocimiento_de_la_ILE_en_Mexico.pdf
- Expansión Política. Chiapas despenaliza el aborto; suman 19 entidades en México. 2024. [Visit November 2024]. [Internet]. Available at: https://politica.expansion.mx/mexico/2024/11/27/estados-aborto-legal-en-mexico
- Gómez-Mena C.Ordena tribunal eliminar aborto como delito en Nayarit. La jornada. 2024. [Visit November 2024]. [Internet]. Available at: https://www.jornada.com.mx/noticia/2024/08/01/politica/ordena-tribunal-eliminar-aborto-como-delito-en-nayarit-8810
- Redacción Animal Político. Suprema Corte de Justicia ordena [Visit November 2024]. [Internet]. Available at: https://animalpolitico.com/sociedad/corte-ordena-congreso-yucatan-despenalizar-aborto
- Razo J. Mapa: el aborto en México, ¿dónde es legal y dónde está prohibido? CNN en español. 2024. [Visit November 2024]. [Internet]. Available at: https://cnnespanol.cnn.com/2024/11/27/mapa-el-aborto-en-mexico-donde-es-legal-y-donde-esta-prohibido/
- Cruz-Rosas MJM. Aborto en México: evolución legislativa y estigmatización social. Revista UNAM Global. 2023. [Visit November 2024]. [Internet]. Available at: https://unamglobal.unam.mx/global_revista/aborto-en-mexico/#:~:text=El%20rechazo%20hacia%20la%20mujer,culturales%20de%20una%20estructura%20patriarcal