Supreme Court Orders Yucatan to Legalize Abortion

The National Supreme Court of Justice (SCJN) has instructed the Yucatan Congress to decriminalize abortion in the state. This follows the court's decision to grant a protection order to the Humanitarian Services in Sexual and Reproductive Health (SHSSR), a civil organization advocating for sexual and reproductive rights.

The First Chamber of the court has mandated that the Yucatán Legislature repeal four articles – 389, 390, 392, and 393 – of the state's Penal Code. These articles currently criminalize the voluntary termination of pregnancy in the state. Notably, article 392, which imposes penalties of three months to one year in prison for any woman who voluntarily seeks an abortion or consents to someone else performing one, is among those to be repealed.

In response to the Supreme Court's ruling, the SHSSR stated that the decision "reiterates the arguments of the Unconstitutionality Action 148/2017". This action recognized the right to make decisions about one's reproductive life as a human right, inherently linked to the right to health. The organization stressed that penal laws must be revised to permit access to voluntary abortion.

Once the ruling is formally communicated in the coming weeks, the Yucatán Congress will be required to initiate the legislative process and vote to repeal the laws that criminalize voluntary termination of pregnancy. The SHSSR added that the new Supreme Court ruling will remove barriers that currently prevent individuals from freely exercising their reproductive autonomy.