The Supreme Court of Justice (SCJN) invalidated on Thursday the laws that prohibit voluntary abortion and the requirements to access abortion for violation in Chihuahua, after the refusal of the state congress to legislate despite a court order.
Thus, Chihuahua became the state number 21 of the country to decriminalize voluntary abortion until 12 weeks, but, unlike the previous ones, it was by decision of the Court and not of the Congress.
The general declaration of unconstitutionality 1/2024, resolved on Thursday morning by the SCJN, determines the immediate disability of articles 143 -Párrararafos Primera and second-, 145 and 146, as well as the proem and fraction I of the Criminal Code of the Criminal Code state.
Therefore, it is no longer necessary for Congress to legislate to decriminalize abortion, since the sentence has immediate effect and cancels the contested prohibitions and requirements, as explained by organizations in a statement.
They also explained that as they are criminal norms, the declaration has retroactive effects, in accordance with the last paragraph of article 234 of the Amparo Law.
Lee: State of Mexico decriminalizes voluntary abortion until 12 weeks gestation
“This means that the State has the obligation to conclude any process of criminal investigation or sentence against people who have voluntarily aborted,” they warned in a newsletter signed by the organizations Marea Verde Chihuahua, Chihuahua, Morrxs Autonomxs Safe abortion network , Abortionists MX and cheeros.
They added that “when the legal barriers were eliminated, the State must provide, without excuses, the voluntary abortion service and abortion for violation because they are health services to which women and other people are entitled with the possibility of gestating.”
The resolution of the SCJN has as a history the amparo in review 666/2023 granted to a woman who challenged said articles for violating her rights, so the Court ordered the Congress to reform the Criminal Code within 90 days, which expired At the beginning of 2024.
In response, the declaration of unconstitutionality began, presented by Minister Juan Luis González Alcántara Carrancá, establishing a precedent being the first time that the Court applies this procedure in a case of abortion.
Alessa Rey, of Chihuahua Green Marea, explained that this decision complements previous amparo sentences that order the State Ministry of Health to provide voluntary abortion without the need for amparo trial.
“Since last year, we have three firm sentences of a Collegiate Court where it orders state health services to give these services, but they have put us obstacles,” he warned.
He also said that the declaration establishes the disability of the prohibition of abortion within the “short term”, which is interpreted as within the limit of 12 weeks.
“It would be as happened in Coahuila’s unconstitutionality action that also put 12 weeks as a short term,” he said.
Lee: Catholic Church states that there is a “legislative maelstrom” after abortion decriminals
In 2021, the SCJN resolved the unconstitutionality action 148/2017 of Coahuila, following which the penalization of abortion declared unconstitutionality throughout the country.
In addition, in 2023 the Court issued a new sentence with which it ordered the Congress to eliminate the crime of abortion of the Federal Criminal Code, and urged federal health institutions to guarantee abortion service in all its clinics and hospitals.
With EFE information
Little text and great information in our X (formerly Twitter), follow us!
