The Supreme Court of Justice of the Nation (SCJN) recently determined that state governments are obliged to implement the necessary health services to guarantee the right to terminate a pregnancy. This decision comes after resolving a contradiction of criteria between several Collegiate Courts.
Two of these Collegiate Courts concluded that, based on the rights established in the Constitution and a prior resolution of the Court, state health authorities have the obligation to implement, disseminate, and organize services to ensure the right to voluntary termination of pregnancy. However, another Collegiate Court argued that the health systems of each state did not have that obligation as there was no specific mandate in the Constitution or in the laws to enforce a ruling of the SCJN.
The Court emphasized the importance of having safe, available, accessible, acceptable, affordable, respectful, and quality medical services so that women and individuals with the capacity to gestate can effectively exercise their right to voluntarily terminate a pregnancy. According to what is established in the Constitution, international instruments, and the General Health Law, as well as in the Court's interpretation through various precedents, it is confirmed that local health authorities have the obligation to implement, disseminate, and organize the necessary services to specifically guarantee access to elective or voluntary abortion.
