The Supreme Court of Justice of Mexico (SCJN) has invalidated laws that prohibit voluntary abortion and the requirements to access abortion in cases of rape in Chihuahua. This decision was made after the state Congress refused to legislate in compliance with a court order, making Chihuahua the 21st state to decriminalize voluntary abortion up to 12 weeks, but this time through a court action and not the Congress.
The General Declaration of Unconstitutionality 1/2024, issued by the SCJN, immediately invalidates several articles of the Penal Code of the state of Chihuahua, thereby eliminating the need for the local Congress to legislate to decriminalize abortion. This ruling has retroactive effect on criminal processes related to abortion, nullifying prohibitions and contested requirements, according to pro-abortion organizations.
In a statement, various organizations such as Marea Verde Chihuahua, Red de Aborto Seguro Chihuahua, Morrxs Autonomxs, Abortistas Mx, and Cheros emphasized that the state is obliged to conclude any ongoing criminal proceedings against individuals who have voluntarily aborted. This is because the Declaration has retroactive effect, as established in the amparo law.
The resolution of the SCJN arises as a consequence of an amparo granted to a woman who challenged the articles of the Penal Code of Chihuahua that violated her rights. After the Congress's reluctance to reform the legislation within the timeframe established by the Court, the process was initiated, culminating in the declaration of unconstitutionality presented by Minister Juan Luis González Alcántara Carrancá. This decision sets a precedent as it is the first time the Court applies this procedure in an abortion case.
Alessa Rey from Marea Verde Chihuahua pointed out that the ruling complements previous rulings ordering the state Secretary of Health to provide voluntary abortion services without the need for an amparo trial. The resolution establishes the invalidity of the abortion prohibition within a short timeframe, interpreted as 12 weeks, similar to what happened in Coahuila in a previous action of unconstitutionality.
In 2021, the SCJN declared the criminalization of abortion unconstitutional nationwide as a result of an action of unconstitutionality from Coahuila. In 2023, it issued another ruling ordering the Federal Congress to remove the crime of abortion from the Federal Penal Code and to guarantee abortion services in all federal health institutions.
