Representative of the Federal District Legislative Assembly v. Article 334(III)

Penal Code & Article 131b

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Representative of the Federal District Legislative Assembly v. Article 334(III)

Mexico Supreme Court
Penal Code & Article 131b

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.)

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