(Mexico City, May 3, 2023, cimac news).- The Congress of the southern Mexican state of Chiapas has approved by 23 votes in favor, four against and nine abstentions a reform that removes the 90-day period for an abortion in cases of rape.
According to Article 181 of the Criminal Code, abortion cannot be punished “if the pregnancy is the result of rape, if this is confirmed within ninety days of conception, or if the life of the pregnant mother is in danger. Also, if the fetus is found to have genetic or congenital abnormalities which, in the opinion of the treating physician, would result in it being born with serious physical or mental disorders”.
This reform, approved on May 2nd, lifts this deadline in the case of rape, so that in this case the victim can also request an abortion after more than 90 days. But with this approval, Congress is only catching up on what the directive NOM 046 Prescribes: NOM 046 guarantees women victims of rape the right to abortion and quality health care in a public facility nationwide.
“Although the General Victims Act and NOM 046 do not provide a time limit for access to abortions, it is known that local health services refused to perform rape abortions after 90 days,” said lawyer and feminist Ninde Molre.
Reform in Ciapas follows federal policy
The reform was made possible thanks to the appeal of Revision 438/2020 before the Nation’s Supreme Court (SCJN). This appeal was initiated by Jessica, a teenager with cerebral palsy who was raped and denied the right to an abortion under NOM 046 at the Tapachula Hospital, Chiapas. In this case judged the Supreme Court in 2021 that setting conditions for an abortion, such as a time limit, violates the human rights of victims of sexual violence.
As a result, the reform initiative arose with the aim of respecting human dignity and the free development of the personality of women “whose pregnancy is not the result of a free and consensual decision, but the result of arbitrary and violent acts that disregard their character as independent subjects . Therefore, these acts are punishable and classified as reprehensible by the state.”
Call for the decriminalization of abortion
During the parliamentary debate that adopted the reform, Green Party MP Floralma Gómez Santiz recalled that the state has an obligation to carry out reforms to decriminalize voluntary abortion. “Women’s rights must be guaranteed by guaranteeing their first right, which is the right to make decisions about their own bodies,” she said.
In fact, however, the termination of pregnancy is sanctioned in the state of Chiapas. This has prompted Chiapas women to seek clandestine abortions or even travel to Mexico City, where the procedure is legal.
From April 2007 to March 2023 alone, 81 women traveled from Chiapas to Mexico City to have an abortion. That is why feminists and activists continue to work to decriminalize abortion in its entirety.
Abortion reforms in Chiapas von News Pool Latin America is licensed under Creative Commons Attribution-Share Alike 4.0 international.