Mexican Abortion Case—Joint Actions of Unconstitutionality
Mexico Supreme Court
146/2007 and 147/2007 (2007)
- Written by Mary Katherine Cunningham, JD
Facts
Before 2007, doctors in Mexico City were limited to providing abortion in certain specific instances. In 2007, the Legislative Assembly of the Federal District (the assembly), which encompassed Mexico City, reformed Articles 145, 146, 147, and 148 and portions of the Health Code to expand access to abortion in the Federal District. Under the revised laws, women within the Federal District could seek abortions throughout the first trimester for any reason. The President of the National Human Rights Commission and the Office of the Attorney General (collectively, the objectors) (plaintiffs) filed an action of unconstitutionality, seeking declaration of unconstitutionality as to laws revised by the assembly and implemented by the Mayor of the Federal District of Mexico City. On appeal, the objectors argued that the assembly had violated the fundamental rights guaranteed under Article 1 of the constitution. Asserting that fetuses gained human life after fertilization, the objectors argued that the legislature could not permit actions that took human life.
Rule of Law
Issue
Holding and Reasoning (Anguiano, J.)
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