Mexican state of Baja California approves decriminalizing abortion

The state of Baja California, in the northwest of Mexico, this Friday became the fifth entity in the country to decriminalize abortion until the 12th week of pregnancy, after the local Congress approved a reform to the state penal code.

The state parliament endorsed modifying, among others, article 136 of the regulation that now establishes that abortion will not be prosecuted when it has been carried out “by free decision of the woman or pregnant person” within the first 12 weeks of pregnancy, according to a video of the session disseminated by the social networks of the Congress.

The assembly, however, did not reach the required vote to modify the seventh article of the political constitution of Baja California that specifies the protection of the right to life from conception.

The state reform comes after the Supreme Court of Justice of Mexico declared in September unconstitutional to punish abortion, in a historic ruling that opened the door for women from all over the country to access this procedure.

The judgment of the highest court, approved unanimously by the 10 magistrates present, was directed against articles of the penal code of the state of Coahuila (north), but it served to establish jurisprudence, that is, that the judges of the entire country should apply the criterion established by this ruling.

Mexico, where 77% of the population is Catholic, is a federated country where the states are autonomous to enact their laws, but these are invalidated, through amparos, when they contravene Supreme Court rulings that establish jurisprudence.

Through an amparo appeal, women residing in other Mexican states where abortion is criminalized can access it by order of a judge.

Four other Mexican entities have already decriminalized this procedure.

Mexico City approved it, up to 12 weeks, in 2007 and it is performed free of charge in the mayoral clinics regardless of whether the women live in other districts.

Oaxaca (south), Veracruz (east) and Hidalgo (center) are other states that have decriminalized abortion up to 12 weeks.

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