On August 5th, the Supreme Court of Justice of the Nation (SCJN in its Spanish acronym) endorsed the Official Mexican Standard (NOM) 046-SSA2-2005 that allows abortion after rape without making an official complaint to the Public Ministry (PM). Terminating a pregnancy for rape was already legal in all the states of the Republic. The new modifications, which will also come into force throughout the country, include access to abortion with a written request under oath to tell the truth without needing the authorization of a competent authority. Among these modifications, the personnel terminating the pregnancy do not need to verify the veracity of the applicant’s word. In the case of girls under 12 years of age, the request will be made by the father and/or the mother or, in their absence, their guardian.
“According to the previous Official Mexican Standard they [women] had to prove that violation, resorting, forcibly, to accusing their aggressor before the PM and they had to wait for the PM’s authorization to terminate the pregnancy. In this case, the norm is aimed primarily at teenage women and women in general,” Javier Laynez Potisek, SCJN minister, said. Arturo Zaldivar, Minister of the SCJN and one of the eight ministers who voted in favor of the modifications, said that, “what is being done is to facilitate access to the victims, precisely so that they can interrupt the pregnancy when it is the result of rape. In the case of rape it seems to me that it is almost unquestionable that this right must be accessible, close, fast and soon.”
“We have indexes, we have very serious statistics on abuse of women, mistreatment, femicide, rape and we also have, unfortunately, recent cases where the authorities try to enforce any subterfuge to deny access to the legal interruption of pregnancy to women and, particularly, girls. As we have said on other occasions, this type of limitations, of obstructions to this right of women, normally affects the poorest, most unprotected women, girls, indigenous women, because there is a certain social sector of the Mexican population that interrupts pregnancy anyway, because it has access to reach places where these types of issues are done, but [for] those layers of our population that are more unprotected, more vulnerable, this Official Mexican Standard is a form of protecting women and girls,” he concluded.
For more information in Spanish:
La SCJN protege los derechos de mujeres y niñas víctimas de violación (Suprema Corte Judicial de la Nación el 5 de agosto de 2019)
México aprobó el aborte por violación sin que medie una denuncia (El Nacional el 6 de agosto de 2019)
Corte, a favor de aborto en violaciones (El Universal el de agosto de 2019)
SCJN garantiza el derecho al aborto en caso de violación (Televisa News el 5 de agosto de 2019)
SCJN aprueba aborto en caso de violación aunque no haya denuncia (Radio Formula el 6 de agosto de 2019)
For more information from SIPAZ:
Chiapas: denuncian grave incremento de la violencia feminicida en el primer bimestre de 2019 (18 de febrero de 2019)