Yucatan on the Verge of Legalizing Abortion

Significant strides have been made in Yucatan in advancing reproductive rights and ensuring safe, legal access to abortion. This progress is largely due to the efforts of human rights organizations, activists, and legal challenges questioning the constitutionality of state laws that penalize voluntary abortion. The Supreme Court of Justice of the Nation (SCJN) has issued rulings in favor of these challenges, instructing the Yucatan Congress to revise its Penal Code. These rulings mark a pivotal moment in the defense of women and pregnant individuals' rights in the state, laying the groundwork for decriminalization and safe access to abortion.

Despite the rights recognized in NOM-046, which permits abortion in cases of rape without a formal complaint and guarantees minors access to this service with guardian support, there remain significant barriers in Yucatan to accessing Legal Termination of Pregnancy (ILE). From 2010 to 2021, the state's health services reported an average of 1,407 abortions per year. This figure does not account for the numerous clandestine abortions performed due to lack of state support and protection.

This situation underscores the urgent need for institutional support for women and pregnant individuals. Furthermore, Yucatan's maternal mortality rate reveals deficiencies in reproductive health care. While the number of maternal deaths has significantly decreased nationwide between 2002 and 2018, Yucatan has not seen fewer than 10 annual cases since 2002. With the onset of Covid-19 in 2020, the state surpassed the national average of 46 maternal deaths, making it one of Mexico's regions with the highest Maternal Mortality Rate.

This state of affairs emphasizes the importance of incorporating local customs and practices into health care for indigenous populations, aligning with the goals of the Maternal and Perinatal Health Care Program, established in the State Development Program 2018-2024.

A recent victory in the fight for decriminalization of abortion in Yucatan is the protection granted by the SCJN to the organization Humanitarian Services in Sexual Health and Reproductive Health (SHSSR) A.C. This ruling, passed with a majority of four votes to one, states that certain articles of the Yucatan Penal Code limit access to safe abortion services and criminalize those who provide them. As a result, the SCJN ordered the Yucatan Congress to reform these articles, enabling organizations to offer abortion services without fear of legal repercussions. This decision aligns with precedents such as Unconstitutionality Action 148/2017, in which the SCJN ruled that laws criminalizing abortion infringe upon fundamental human rights, including the right to health, autonomy, and non-discrimination. The SCJN asserts that the state should not restrict access to safe abortion, an essential health service.

The push for decriminalization of abortion in Yucatan is the culmination of years of collective effort by activists, organizations, and human rights defenders. One such defender is Amelia Ojeda, a prominent figure in the fight for reproductive rights in Yucatan, who has dedicated over 30 years to advocating for women's rights.