Mexican state of Jalisco decriminalizes free abortion up to 12 weeks of gestation

Mexican state of Jalisco decriminalizes free abortion up to 12 weeks of gestation

Guadalajara (Mexico), Oct 4 (EFE).- The Congress of Jalisco (western Mexico) decriminalized this Friday free abortion up to 12 weeks of gestation for all women and pregnant people, in an extraordinary session in which it was repealed this crime of the state Penal Code.

In a discussion that was postponed for about 9 hours, the full state Congress voted secretly in a first round on the reform opinion in which there were 18 votes against, 18 in favor and 2 abstentions. In a second round, the vote was favorable to the opinion with 20 votes in favor, 16 against and 2 abstentions.

With this, Jalisco, one of the most conservative states in Mexico, becomes number 14 to reform its legislation to allow free abortion and guarantee all women and pregnant women their right to decide.

The states where it was decriminalized are: Aguascalientes, Baja California, Baja California Sur, Coahuila, Colima, Mexico City, Guerrero, Hidalgo, Oaxaca, Puebla, Quintana Roo, Sinaloa and Veracruz.

The proposed opinion repeals article 227 related to abortion and modifies article 228 to allow free abortion not to be punished until 12 weeks of gestation, and also introduces article 228 bis in which criminal sanctions are considered for anyone who forces a woman to undergo abortion. abort without their consent with or without violence.

It also adds two grounds to exclude women from any penalty when the woman proves that some authority denied her the service before 12 weeks or when a gynecological condition has prevented her from knowing her pregnancy before that period.

It also includes the possibility for the woman to opt for abortion after 12 weeks if she is in a context of poverty or social vulnerability, and allows her to request “a comprehensive care process” from state government institutions afterward. of the abortive process.

Since 2021, forced by the unconstitutionality action 148/2017 of the Supreme Court of Justice of the Nation (SCJN), the state Congress approved the reform of the Penal Code to decriminalize abortion only under the causes of health risk or risk of death for women, rape or wrongful abortion.

However, the Code also punishes a person who voluntarily terminates a pregnancy or allows another person to carry it out within the first five months of pregnancy with up to one year in prison, and up to two years in prison for anyone who does so after the fifth month. .

On April 25, the Second Collegiate Court on Criminal Matters of the Third Circuit ruled in favor of the protection under review 344/2023 in which it declared unconstitutional the articles of the Penal Code that absolutely prohibit elective abortion and ordered the local Congress to repeal the crime of self-procured and consented abortion.

During the day, pro-life and pro-abortion groups and organizations demonstrated outside the local Congress, protected by fences and security elements, to support their cause. No incidents were reported.

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2024-10-07 15:14:11

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