Representative of the Federal District Legislative Assembly v. Article 334(III)
Mexico Supreme Court
Penal Code & Article 131b
- Written by Mary Katherine Cunningham, JD
Facts
In 2000, Mexico City amended the Criminal Code of Mexico City to allow an indication system to decriminalize abortion in certain circumstances. The amendment provided for the decriminalization of abortion in cases of “rape/forced insemination, a grave threat to the woman’s health, when the fetus presents genetic or congenital alterations that might compromise its survival, when the abortion results from a negligent behavior of the pregnant woman.” The amendment also changed the procedural code, granting the public prosecutor the power to order an abortion in the case of rape or forced insemination. A representative of the minority in the Mexican legislature (plaintiff) challenged the constitutionality of Section III of Article 334 of the Federal District Penal Code and Article 131b of the Federal District Code of Criminal Procedure. Justice Olga Sánchez Cordero de Garcia Villegas declared Article 131b of the Federal District Code of Criminal Procedure unconstitutional. The matter was then sent to the entire panel of the Mexican Supreme Court. Six justices out of 11 justices upheld the opinion of Justice Sánchez Cordero de Garcia Villegas, and five justices dissented from the opinion. The matter was then referred to the plenary session of the Mexican Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Sánchez Cordero de Garcia Villegas, J.)
What to do next…
Here's why 814,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.