|
Maria Luisa Sanchez Fuentes was working for Oxfam America's Regional Office for Mexico and Central America on anti-poverty and economic development initiatives when she began to hear about women dying from illegal abortions.
"In the early '90s, there were plenty of popular subjects carving the public's mind and abortion was a total taboo in Mexico, like a curse," she says of her native country. "It might sound simplistic today, but to set the tone for a public debate on abortion at the time has not been easy at all."
Yet Sanchez Fuentes has been able to do just that. In 1993 she joined GIRE, the Grupo de Informacion en Reproduccion Elegida, or the Information Group on Reproductive Choice. The Mexico City-based nonprofit has become the nation's leading advocate for sexual and reproductive justice. Sanchez Fuentes' guidance has helped place Mexico at the forefront of the battle for legalized abortion in Latin America.
At first, the public was not interested in breaking taboos about abortion. That meant that government officials could remain unresponsive. Sanchez Fuentes decided to launch a public relations campaign focusing on women who had become pregnant through rape. By law they were entitled to an abortion, but for the procedure to be authorized, the rape victim was required to file a complaint.
In 1999, however, a 13-year-old rape survivor and immigrant from Oaxaca was denied an abortion by authorities in Tijuana. The case drew international attention as it was taken to the Interamerican Commission on Human Rights. That was the turning point for GIRE and the other groups lobbying for change. In April 2007, abortion up to 12 weeks of pregnancy was legalized by the Mexico City legislature.
"There are still restrictions in every other state, but this is a resounding victory for women's rights," says Sanchez Fuentes. "Mexico City, along with Cuba, Guyana and Barbados are the only Latin American bastions where abortion is decriminalized."
Sanchez Fuentes recalls the disillusionment she felt after graduating in economics from the National University of Mexico with the state of democracy and a political system that few had confidence in. But today she says she feels optimistic that activists are winning the battle to guarantee women's fundamental rights, though she is aware of the severe social and political crisis that Mexico is facing.
"My dream is that abortion is legalized throughout the country," Sanchez Fuentes says, "that the state takes full responsibility to guarantee the freedom of choice, that public health services are in place, women are not stigmatized, the public is more compassionate, sexuality education is involved in schooling and that men are fully involved in this issue."
 Back |
Hello from Chile!
I, along with other veteran GIRE staffers and Marta Lamas, GIRE’s Board President, are currently in Chile hosting a training for allies in the feminist and reproductive rights movements on GIRE’s successful strategies.
We have received funding from the Ford Foundation to host trainings in several Latin American countries in order to share our experience and lessons learned. Our communications and policy strategies have been proven effective most recently by the decriminalization of abortion up to 12 weeks of gestation in Mexico City.
This week, we are training NGO allies in Chile on communications and political strategies, as well as fundraising and movement building. We are thrilled to have our successful model recognized, and it is invigorating to be working with such wonderful women from other countries in the region. We have already trained allies in Argentina, and upcoming trainings are scheduled for Peru and Brazil. We are proud to be a part of building the strength of the movement for reproductive justice for the Latin American region!
¡La lucha sigue!
María Luisa Sánchez Fuentes Executive Director
Back |
|
May 7, 2008
María Luisa Sánchez Fuentes, was awarded the Eleanor Roosevelt Award by the Feminist Majority Foundation
|
[click image to enlarge]
GIRE Executive Director María Luisa Sánchez Fuentes speaks at the Awards Gala |
The Feminist Majority Foundation awards this prize to three individuals each year, in recognition of their fight for the rights of women and girls, and of their work to raise recognition of gender discrimination.
Other prestigious honorees that evening included Nafis Sadik, the former Executive Director of the United Nations Population Fund (UNFPA) and current Special Adviser to the UN Secretary General and Special Envoy for HIV/AIDS in Asia; and Dr. Solomon Orero, a courageous Kenyan doctor who is fighting the US-imposed Global Gag rule.
We are exceedingly proud of María Luisa, and also very proud that GIRE’s effective work on abortion rights is being recognized by such an important body in the feminist movement. |
[click image to enlarge]
Honorees from L-R: Dr. Nafis Sadik, GIRE’s own María Luisa Sánchez Fuentes, and Dr. Solomon Orero
|
[click image to enlarge]
María Luisa Sánchez Fuentes accepts the Eleanor Roosevelt Award at the Feminist Majority Foundation’s Fourth Annual Global Women’s Rights gala.
|
GIRE's Executive Director honored by the Feminist Majority Foundation
Watch video!
|
Back |
April 26, 2008
Maternity is a right, not a punishment, says head of legal counse
Leticia Bonifaz: Decriminalization of abortion in Mexico City, historic achievement for women
La Jornada, by Jesús Aranda |
-
Pablo Gómez: Legislation counteracts the hypocrisy of the State and those who believe other people should live by their morals
-
The embryo is not a person, and thus does not have rights, say activists
The decimalization of abortion up to 12 weeks of pregnancy constitutes a “historical achievement” for the women of Mexico City, because we see maternity as a right, not as a punishment, condemnation or imposition, said Leticia Bonifaz Alfonso, legal counsel of the capital city government, defending women’s right to chose whether or not to continue a pregnancy.
The second hearing [on abortion] convened by the federal Supreme Court took place yesterday. Participants argued that the embryo is not a person, and thus the rights of the woman should take precedence. They also argued that clandestine abortion, because it is unsafe and is a grave public health problem, should be analyzed from the “equality” perspective presented in the Constitution, and that all women who decide to terminate a pregnancy should be able to do so in the Mexico City [public] hospital network, regardless of their economic situation.
Before starting the session, which only Justice Genaro Góngora Pimental missed, Chief Justice Guillermo I. Ortiz Mayagoitia announced that for administrative reasons the next hearing will be held on May 23 instead of May 16.
Representatives of the capital city’s government, the Mexico City Legislative assembly (ALDF), and others who support the decriminalization of abortion participated in yesterday’s session. It was stated that according to international treaties, “not only should abortion be permitted,” but that States are called upon to guarantee access to safe abortion services without obstacles and to remove penal codes that criminalize it.
President of the ALDF Víctor Hugo Círigo rejected the position that the fetus is a person—as anti-abortion actors insist. By accepting that the genome is entitled to fundamental rights, he said, “we wind up saying that the banks and laboratories where umbilical cords are stored or where ovum are fertilized in vitro constitute the illegal deprivation of liberty on a massive scale.”
Mexico City government health functionaries attended the hearing, at which there were no incidents. Also in attendance were PRI legislator Jorge Schiaffino; Xiuh Guillermo Tenorio of the New Aliiance Party, and Jorge Díaz Cuervo of the Alternative Party, who all committed publicly to respecting the Court’s decision on the matter.
Círigo, who distributed his opinion to the media in an official document created by legal counsel Madrazo Lajous, maintained that the 4th Article of the Constitution explicitly enshrines an individual’s right to decide freely on the number and spacing of their children, which grants reproductive liberty.
Bonifaz, for her part, said that since abortion was decriminalized one year ago, they have gathered “hard data,” including the number of terminations of pregnancy (7,820) and the number of people who have sought information (18,302), which will help in the creation of public policies on the issue.
She argued for women’s right to terminate a pregnancy during the first 12 weeks of gestation, as well as to guarantee the possibility of conscientious objection for all doctors.
Legislating against pain
PRD senator Pablo Gómez said that the Court must accept that the ALDF reformed the penal law “to mitigate pain, reduce the illicit practice of medicine, vindicate women’s rights, and counteract the existing hypocrisy of the State and of society, which attempts to hide a social reality based on so-called morality.”
Like other witnesses, such as Martha Lucía Micher Camerena, director of the Mexico City Women’s Institute, Gómez commented that no international agreement impedes a country from establishing voluntary termination of pregnancy.
In response to the arguments that were put forth two weeks ago by the heads of the federal Attorney General’s Office and the National Human Rights Commission that the embryo is a human being beginning at fertilization, Gómez responded that nationality is acquired via birth or naturalization, “but never by location of conception.”
Participants Margarita Valdés of the Feminist Philosophy Association; Raffaela Schiavon Herman of Ipas; Marta Lamas of the magazine Debate Feminista; María Consuelo Mejía of Catholics for the Right to Decide, agreed that women’s rights, including their rights over their own body, must take precedence over the embryo.
Lawyer Jesús Zamora Pierce said that abortion must be removed from the penal code. He questioned how abortion could be considered a crime, when thousands are performed each year. He said that finding a case of abortion being prosecuted “is almost as difficult as finding a unicorn.” In any case, he said to the justices, “having laws on the books that are not enforced threatens the rule of law.”
Back |
Public acceptance of the changes to the Mexico City Penal Code and Health Law has risen since May 2007, according to a survey completed by polling firm Ipsos-Bisma, contracted by Population Council, Mexico. This information was released during a breakfast conference between feminist groups, Minister of Health Manuel Mondragón y Kalb, Legislative Assembly President Víctor Hugo Círigo Vázquea, Mexico City Government Legal Counsel Leticia Bonifaz to evaluate the reforms after their first year in effect.
The poll revealed that two out of three Mexico City residents approve of the decriminalization of abortion because, they say, it constitutes an advance for Mexican society and prevents clandestine and unsafe abortions.
According to a survey completed soon after the reforms’ passage in May 2007, only 46 percent of the population approved of them. Now 63 percent of the population is in agreement with the legal termination of pregnancy and only 26 percent is against the reform. In May 2007, 42% percent of people polled were against it.
In the most recent poll, 10 percent of those questioned had no opinion, compared to 11 percent in the previous survey.
According to the survey, 77 percent think that the reforms benefit poor women, and 69 percent believe that women from other states should be able to come to Mexico City to receive abortions.
At least 46 percent of the participants believe that the decision to have an abortion should be exclusively taken by the woman, and 34 percent said that the father must be involved.
Fifty-nine percent demanded that legislators consider women’s rights more when they make abortion laws, and 24 percent asked that they consider society in general. Five percent said legislators should consider scientific evidence and five percent said they should consider their party’s position.
Back |
For the first time in its history, the Mexican Supreme Court will hear public arguments today on the pending challenges to the constitutionality of the law decriminalizing abortion in Mexico City.
National Attorney General Eduardo Medina Mora and Ombudsman José Luis Soberanes will personally present arguments for up to one hour to the Court justices. They will argue for the unconstitutionality of the April 2007 reform that decriminalized abortion during the first 12 weeks of gestation.
Although the public will not be allowed to attend the sessions, to be held at the Court’s headquarters, the hearings will be broadcast live on the Judicial Channel.
For decades, Supreme Court justices have heard from litigants individually through private appointments. At times the arguments are not even presented to the justices themselves, but to their staff—some justices prefer to read briefings and memos.
Last year, before resolving the controversy over the Media Law, a number of the justices heard from interested parties, but this took place during private appointments.
On March 10, the full court approved a general agreement which states, “the hearings must be scheduled, public, and based on established rules, so that all interested parties have a chance to testify.”
These hearings will not be held for all of the more than 4,000 cases the court hears every year, but only for those that are considered “relevant, of legal interest, or of national importance.”
Back |
On February 15th, a 15-year-old girl died as a result of complications from a legal abortion procedure in a Mexico City public hospital. This is the first such case since the law was passed in April of last year, and shows that although decriminalization of abortion in Mexico City was a milestone, our work is not done.
No woman should die as a result of an abortion, especially a safe, legal abortion. Abortion in an appropriate clinical setting is documented as an extremely safe medical procedure, and since April 2007, over 6,000 women have terminated a first-trimester pregnancy in Mexico City legally and without complications.
The Mexico City Ministry of Health has taken this case very seriously, and an internal investigation on the circumstances surrounding her death is taking place. If negligence is found to have played a role, the highest reparations according to Ministry regulations will be paid to her family. GIRE will seek to support the Ministry with strategies to strengthen monitoring of and compliance with medical protocols as well as bolster efforts related to the prevention of unwanted pregnancy. While we offer our support to the Ministry, at no time will we compromise our duty to serve as civil society watchdogs.
We are extremely upset by the factors surrounding the girl’s death, yet will take this opportunity, as sad as it may be, to redouble our efforts to ensure that the Mexico City public health system provides high-quality legal abortion services and reduces, to the extent possible, the risk of future unnecessary deaths or complications.
Back |
2008 is shaping up to be an exciting year for reproductive justice. As you know, the Mexican Supreme Court will soon hear the challenges to the constitutionality of the decriminalization of abortion up to 12 weeks of gestation in Mexico City. The date has not yet been set for the proceedings, but some sources believe it may be as soon as late February.
The Mexican Supreme Court operates slightly differently than the US Supreme Court. First, the Court does not hear oral arguments from lawyers rather they research the issues in question individually and then debate them amongst themselves. Second, they can decide upon each aspect of the law separately rather than a stock vote for or against. Third, the legal weight of their decision will depend on the number of votes for or against any part of the law. A super majority (eight of 11 justices) means that the ruling is binding for lower courts, and would make the process of nationalizing the new law far easier. A simple majority would uphold the law, but without stipulations for lower courts.
Of course, this means that we will be very busy coordinating a defense strategy in the next few months. GIRE is gathering amicus, or friend of the court, briefs from national and international NGOs and universities that defend different aspects of the law to present to Court justices to help them in their research.
We will keep you updated on the Court’s process as changes happen.
Back |
This week, GIRE was selected to be honored for our women’s rights work by two separate government bodies in Mexico City!
First, we are one of two organizations to be awarded the prestigious Hermila Galindo Recognition, given by the Mexico City Human Rights Commission. The significance of this recognition for GIRE is two-fold; it undeniably places abortion rights as human rights and also recognizes our critical role in the decriminalization of abortion in the capital city earlier this year. Second, GIRE has been distinguished by the Mexico City Attorney General’s Office for our work as defenders of women’s rights, in the framework of the International Day to Eliminate Violence against Women.
We are very proud of both tributes, and of our work fighting for women’s human rights. We are also grateful for our allies and supporters all over the world.
Back |
Today, September 28th, is International Day for the Decriminalization of Abortion in Latin America and the Caribbean. To commemorate this important day, GIRE staff organized an event in the northern state of Zacatecas to make a public call for the decriminalization of abortion and share state-of-the art strategies on abortion rights advocacy. As part of our ongoing work to connect reproductive rights allies across the region, GIRE has been the September 28th Campaign country representative for several years.
Yesterday, GIRE participated in an event here in Mexico City to commemorate the day and celebrate the new law in the capital city that decriminalizes abortion up to 12 weeks of gestation. I, along with the directors of allied government and non-governmental organizations and the mayor of Mexico City, participated in the inauguration and discussion panels.
|
“Women decide, society respects, the state guarantees” |
 |
L-R: María Luisa Sánchez Fuentes, Executive Director of GIRE; María Consuelo Mejía, Executive Director of Catholics for the Right to Decide, Mexico; Mexico City Mayor Marcelo Ebrard, and Martha Lucía Micher, Director of the Mexico City Women’s Institute
(photo: La Prensa Newspaper) |
In other news, GIRE’s campaign to defend the law at the level of the Supreme Court is going very well, and we continue to build on the list of governmental and non-governmental agencies that will present amicus (“friend of the court”) briefs, when the case is being debated. Importantly, we will likely have briefs from Amnesty International, Human Rights Watch and the World Health Organization.
Back |
It’s Been 126 Days.
126 days after the law allowing termination of pregnancy up to 12 weeks of gestation went into effect, Mexico City Secretary of Health Manuel Mondragón reports that 2,055 terminations of pregnancies have been performed.
Yesterday “the 2,000 mark was broken. We have performed 2,055 terminations in the 14 [public] hospitals which we have followed since the beginning. Luckily we have not had even one case of death, nor a single complication such as infection, haemorrhage, or perforation of the uterus,” said Mondragón.
Nor have there been personal or family problems. “We have offered extraordinarily positive counselling services. Everyone has received counselling before, during, and after [the procedure], and in more than 75% of the cases it has been with psychologists and specialized social workers.”
He affirmed that one hundred percent of women terminating a pregnancy have been counselled in prevention of unwanted pregnancy. “The idea is that when they want to get pregnant they do so conscientiously, because they decide when, and we can avoid cases of a second unwanted pregnancy.”
He also said that the Mexico City Ministry of Health does not want to terminate pregnancies: “we will have succeeded with our sexual and reproductive health program when we have less abortions".
Back |
|
|
Mexico City Committee for Women’s Health
Mexico City, August 2, 2007
PRESS RELEASE | |
100 Days in Effect, 100 Days of Rights
- Since the law decriminalizing abortion in Mexico City when into effect, there have been no complications among women receiving legal abortions.
Today, August 2, marks the first 100 days that the law decriminalizing abortion has been in effect in Mexico City. During this time, approximately 1,500 women have exercised their right to terminate an unwanted pregnancy within the first 12 weeks of gestation. According to the Mexico City Ministry of Health and legislators from the Mexico City Congress, not one woman has suffered medical complications during or after the procedure.
On average, 14.2 legal abortions per day have been performed by Mexico City government hospitals in the first 100 days. The women who have sought services in the 14 hospitals providing the procedure have been able to exercise their human right to reproductive freedom.
“We were not wrong to approve this law,” said Congresswoman Leticia Quezada today, in a meeting at which legislators and Mexico City governmental officials gave a report to civil society partners about the first 100 days. Just as the legislators were right to approve the law, so are the governmental officials who have put the law into practice and have provided quality services. The actions of both institutions increase women’s rights in Mexico City and put the capital city at the forefront of guaranteeing human rights in the Latin American region.
The new law is helping to combat the practice of clandestine abortion, according to the Director of Emergency and Medical Services for the Mexico City Ministry of Health, Dr. Arturo Gaytán. Congressional representative Víctor Hugo Círigo also pointed out that the new law promotes social justice. The Mexico City government’s Legal Advisor, Leticia Bonifaz, signalled that the new law brings the legal system up to date, as public opinion had decriminalized abortion long ago. With the new law, Mexico City is a more democratic city. Representatives Jorge Schiaffino and Jorge Carlos Díaz Cuervo affirmed their commitment to this law and to women’s rights.
We celebrate the law’s first 100 days of effect and we hope that similar legislative changes will take place in all 32 Mexican states, following the example of Mexico City, to ensure that the right to decide truly becomes a reality.
Mexico City Committee for Women’s Health Committee: Afluentes; Católicas por el Derecho a Decidir; Consorcio para el Diálogo Parlamentario y la Equidad; Equidad de Género: Ciudadanía, Trabajo y Familia; GIRE (Grupo de Información en Reproducción Elegida); Ipas México; Modemmujer; and SIPAM (Salud Integral para la Mujer). |
Back |
From the start, conservative groups opposing the recent decriminalization of abortion up to the 12th week of gestation in Mexico City have vowed that the reform would face constitutional challenges. And indeed, both the National Human Rights Commission (NHRC) -on May 25th- and the Federal Attorney General’s office -on May 28th- filed suits with the federal Supreme Court attacking the law’s constitutionality. Both bodies assert that Mexico City’s Legislative Assembly has overstepped its authority in reforming a heath law as Article 73, Section 16 of the Constitution gives the federal Congress alone the authority to propose and approve health legislation.
For his part, the Ombudsman of the NHRC, Jose Luis Soberanes Fernandez, argued that the constitution may permit doctors who have moral objections to abortion to refuse to perform the procedure. He further claimed that legal uncertainties will arise as the law does not specify how doctors should proceed when minors, who do not have legal autonomy, seek abortions without parental consent. He has also questioned who will give legal consent for a minor to receive an abortion in cases where an adolescent is being raised by a legal guardian in place of her parents. Concurrently, he also stated that maternity is not an isolated incident but involves both the woman and the man. He contended that men also have the right to decide on the course of a pregnancy and the law violates this right.
The Federal Attorney General has also argued that the new law violates declarations previously made by the Supreme Court that fetuses have a “right to life” and that no laws may be passed that permit a fetus to be deprived of its life or that discriminate against a fetus for possessing certain characteristics. The Attorney General asserts that the length of gestation, in this case, 12 weeks, is a characteristic being used as a means for discrimination.
Both the NHRC and the Attorney General maintain that they were motivated to challenge the law on purely legal grounds and rather than being driven by moral or religious concerns. GIRE continues to build legal and constitutional arguments in support of the new law.
Back |
We here at GIRE truly were overjoyed with the passing of a bill decriminalizing abortion up to 12 weeks of gestation in Mexico City on Tuesday, April 24th and today we have even more wonderful news to report!
Marcelo Ebrard, Mexico City’s Mayor, signed the bill yesterday. It was published in the Mexico City Official Gazette today and will enter into affect tomorrow, April 27th. No woman requesting legal abortion up to 12 weeks of gestation can be turned away, as of tomorrow! We are ecstatic! We have already received telephone calls asking for information on where to request an abortion and have been in contact with the Mexico City Ministry of Health (MOH) for referral. Of course, as stipulated in the law, the MOH has 60 days to emit new procedural service guidelines, but until these are published, it must offer legal abortion services to any woman who qualifies. The working group to develop these procedures is currently being set up and GIRE will play a large role. Particularly important is to guarantee that no proof of address is needed to request an abortion, which is currently required for Ob/Gyn services, including childbirth, in Mexico City public hospitals. If achieved, this would allow women from across Mexico to come to the capital city for safe and legal abortions. We will also focus on the orientation and counseling offered to the woman to ensure they include unbiased, objective information. Monitoring implementation of the law by civil society organizations will be critical.
At the same time, on Tuesday, the Ministry of the Interior finally initiated an administrative investigation against the Archbishop of Mexico, Cardinal Norberto Rivera Carrera and his spokesperson Hugo Valdemar, for allegedly breaching Article 30 of the Law for Religious Associations and Public Cult. This unprecedented investigation responds to a complaint filed by representatives of Alternativa (Alternative, Social Democrat and Farm Workers Party) on April 11th, as a result of the hierarchy’s interference in the legislative process to decriminalize abortion in Mexico City, including the use of offensive language and threats against legislators.
The Supreme Court also filed a complaint on Tuesday against the National Action Party (PAN) with the Ministry of the Interior and the Federal Electoral Institute as a result of a paid television spot on the issue of abortion that severely distorts the public image of justice officials. The spot, which appeared regularly on prime time television as of April 21st, but has now been withdrawn, presents a man wearing a judge’s gown passing the sentence of abortion, claiming that the accused is guilty of interfering with the personal and professional future plans of a young female plaintiff. In a press release the Supreme Court underlined that this advertisement misinforms the general public, since it gives the impression that judges are able to sentence abortion as a punishment, which is totally unviable according to the Mexican justice system.
A supermajority (8 of 11 justices) is needed to declare the law unconstitutional and it is likely that the four votes needed to uphold the law and overturn the claim can be obtained. We are cautiously optimistic, but let me explain a bit further. The unconstitutionality claim can be filed directly with the Supreme Court through four bodies: 1) 33% of Legislative Assembly members (which is highly unlikely due to the fact that 70% voted in favor of the bill); 2) the Mexico City Human Rights Commission (the PAN asked them yesterday to file the claim and they refused); 3) the National Human Rights Commission (which is also unlikely because the Commission is currently confronting public indignity over their assessment of the alleged rape and later death of an elderly indigenous woman by members of the military) and 4) the Federal Attorney General’s Office. It is still unclear which of these latter two bodies will file the claim, which must be submitted within 30 days. Nevertheless, we must point out that the law will be in effect and services must be provided during this time.
Given previous consults with a close ally in the Supreme Court, he also believes the necessary votes can be obtained. In Mexico, justices listen to arguments and receive information via private appointments to investigate and then declare their positions on a given issue. Oral arguments and audiences are not heard before the full Court. As in the previous reproductive rights cases brought before this body, (liberalization of abortion law in Mexico City in 2001 and emergency contraception) we anticipate that GIRE will be invited to present arguments.
So, there’s a lot of work to be done and GIRE will be leading the legal defense! We will keep you informed on the developments as they occur.
Back |
|
|
|
|
In support of the abortion law © GIRE, 2007 |
"Because I love life...Women decide"
© GIRE, 2007. |
| |
|
|
|
|
|
Mexico City Legislative Assembly ©Fuente: Diario El Porvenir |
The session was broadcast via internet © GIRE, 2007. |
Today marks a historic day in Mexico and the Latin American region. The Legislative Assembly has just decriminalized abortion during the first 12 weeks of gestation in Mexico City! The capital city now has one of the most progressive laws on abortion in Latin America, after only Cuba and Guyana.
This watershed bill was approved by 46 of the 66 representatives and includes not only the decriminalization of abortion up to 12 weeks, but also reduced sentences for women undergoing abortion after 12 weeks and the definition of pregnancy beginning at implantation. Mexico City’s Health Law was also strengthened to guarantee sexuality education and campaigns on reproductive and sexual rights, the availability of birth control methods, as well as comprehensive and quality abortion services upon request. This inclusive bill on women’s reproductive and sexual rights emphasizes the prevention of unwanted pregnancies and will decrease maternal mortality.
Much work remains to be done, including within the Ministry of Health to ensure the full application of this law, since all women requesting abortion during the first 12 weeks of gestation must have access to this service, free of charge. Conservative forces have already pledged to bring an unconstitutionality suit against the bill, and the legal battle will begin soon.
But in the brief respite we have until this new stage begins, GIRE, along many, many other organizations and individuals, and indeed most importantly Mexican women, will savor this momentous occasion and we know you will join us. We are proud to have played a part in this history-making process!
In defense of women’s lives and rights!
Back |
Last night, in an exhilarating vote at almost 11:00pm, legislative committees voted to approve a bill which decriminalizes abortion in Mexico City up to 12 weeks of gestation, which GIRE staff provided assistance drafting. This bill will be sent to the full Assembly for a final vote on Tuesday, April 24th.
The approved version includes new language. Any termination of pregnancy before 12 weeks of gestation will no longer be considered a crime, as opposed to the earlier proposal to add an indication to decriminalize abortion up to 12 weeks only when the pregnancy endangers a woman’s life. This last minute addition changes the legal status of the procedure if is it performed within the first 12 weeks, and apparently strengthens its potential to stand against an unconstitutionality claim at the level of the Supreme Court, which the PAN has already promised to pursue. The four existing indications for legal abortion were not modified, and abortion for those reasons will remain non-criminal, even after 12 weeks of gestation. The bill also stipulates reduced sentences for women undergoing abortion after 12 weeks, from 1-3 years in jail to 3-6 months or 100 days of community service. Also included was the definition of pregnancy beginning at implantation -an important concept to determine gestational age, as well as reinforce the legality of assisted reproduction, investigation in embryos and therapeutic cloning.
In the same bill proposal, modifications to Mexico City’s Health Law were included: to guarantee sexuality education, support Ministry of Health (MOH) campaigns to promote and defend reproductive and sexual rights and prevent unwanted pregnancies, and to ensure the availability of birth control methods and emergency contraception. It requires the MOH to provide legal abortion services, free of charge, to any woman who requests it, even if she is covered by other public or private insurance. The MOH will have 60 days to emit new service procedures to meet these instructions. These changes represent a comprehensive approach to preventing unwanted pregnancies, while at the same time respecting women’s right to decide.
In the most intense, wide-reaching public debate on abortion in Mexico’s history, the health and scientific communities, journalists, editorialists, artists, intellectuals, writers, academics and social and political actors, etc. have offered overwhelming support for the decriminalization of abortion; often using arguments drafted by civil society (GIRE included) in their declarations. Importantly, local public authorities such as the Mayor and the Minister of Health of Mexico City have declared their support for the bill and the Ministry of Health is laying the groundwork to be able to meet the demand for services, even suggesting the incorporation of private clinics.
At the same time, we are seeing extreme polarization of the issue, with ultra-conservative groups threatening legislative representatives and feminist groups alike. As of yesterday until the vote on Tuesday, the Legislative Assembly will be roped off by the police to prevent the climate from escalating. GIRE has been a key player during this critical time, participating in public hearings, offering technical assistance, appearing on TV and radio programs and in the printed press, organizing paid ads in newspapers, contributing to public events and debates, etc.
When the bill is passed on Tuesday (notice I said when and not if!!!), Mexico City will have one of the region’s most progressive laws on abortion. It’s almost time to celebrate!
|
