The Mexican Supreme Court’s Decriminalization of Abortion and its Impact on Women in Latin America

Photo via Reuters

ANNA WICE: Advocates for women’s rights throughout the world felt the victory and progress being made when the Mexican Supreme Court recently federally decriminalized abortion. 

On Wednesday, Sept. 6, the Mexican Supreme Court issued a landmark ruling, declaring laws criminalizing abortion to be illegal. This was a federal decision, meaning that the states can restrict abortion rights despite this national development. 12 of the Mexican states have decriminalized abortion, including Aguascalientes, the latest to make this change, but it is still illegal in the remaining 20 states.

Mexico now joins in on the Green Wave, a movement advocating for abortion rights across Latin America. The Wave has gained momentum as different activists and organizations have pushed for women’s rights and countries like Mexico and Argentina have made significant strides with changes in abortion legislation. The Green Wave continues to empower women to advocate for their human rights and educate them to make the informed, thoughtful choices surrounding their bodies.  

While the decision symbolized a significant step towards greater reproductive rights and gender equality, it also underscored some divisions within Mexican society. Many, especially those who make up the country’s large population of religious and conservative citizens, oppose the ruling, seeing it as a compromise to their beliefs. 

In an ideal scenario, the decision would signify that any woman in Mexico who seeks an abortion would now have access to one, but the practical implementation of this change remains a complex process. It will require time to see if there will be actual changes and to develop an understanding of how the decision will translate into legal reform and changes in social attitudes and women’s healthcare in the country.

This pivotal ruling offers hope for a future in which Mexican women can make personal decisions about reproductive health without the looming fear of legal repercussions if they choose to seek an abortion or help others to do so. Beyond the legal implications, this change holds promise of reducing the prevalence of unsafe abortions, mitigating the dire risk, including complications or mortality, that can occur in “back-alley” abortion circumstances. In essence, this monumental decision aspires to usher in an era where women's health and autonomy are prioritized, creating a safer society for the people of Mexico.

Back in the United States, domestic politics have followed an opposite trend with the recent overturning of Roe v. Wade (1973) in June 2022. As some U.S. states criminalize abortion more and more, Mexico and other countries begin to have more access to reproductive healthcare than these areas, including Texas and Mississippi. Considering that the U.S. shares a border with Mexico, this disparity calls into question if Americans seeking abortive services and procedures will travel to other countries, including Mexico, for the help they need. The future of reproductive rights is unpredictable and will differ across the globe, but it is never in doubt that people will fight for what they believe is the right choice. 

As said by former Chief Justice Arturo Zaldívar Lelo de Larrea of the Mexican Supreme Court, “We are all in favor of life. The only thing is, some of us are in favor of the life of women being one in which their dignity is respected, in which they can fully exercise their rights.” As the battle for reproductive rights continues, hopefully more people will begin to embrace this perspective. 

Anna Wice is a staff writer for On the Record from Avon, Connecticut. She is a sophomore in the College studying government with a minor in English.