The Congress of the State of Nayarit approved a reform to the state Penal Code to recognize the legal interruption of pregnancy, thus fulfilling a ruling by a federal court that supports the right of women to decide about their bodies and health. With 17 votes in favor and 12 against, penal sanctions for women who interrupt their pregnancy in the first 12 weeks of gestation were eliminated. Additionally, penalties were increased for those who perform interruptions without the consent of women, excluding the penalization of medical personnel participating in these procedures.
The presented ruling argues that penalizing the interruption of pregnancy undermines the human rights to health, equality, and autonomy of women and pregnant individuals, based on resolutions from the Supreme Court of Justice of the Nation declaring the absolute prohibition of abortion unconstitutional. Nayarit thus joins the wave of the green tide following an amparo presented by several organizations in August 2024.
The deadline to make this modification to the Penal Code was before the end of the ordinary session period in December 2024. Feminist organizations and groups in favor of women's rights witnessed the extraordinary session in the State Congress, where the topic was debated. On the other hand, pro-life groups expressed their disagreement, considering that this decision attacks human life from conception and sent a letter to Congress expressing their position.
To date, 18 states in Mexico have decriminalized the legal interruption of pregnancy, with Nayarit being the most recent to join this list, alongside entities such as Mexico City, Hidalgo, or Guerrero.
