A landmark ruling declares the abortion law of the state of Coahuila unconstitutional and could set a precedent for the rest of Mexico. A landmark ruling declares the abortion law of the state of Coahuila unconstitutional and could set a precedent for the rest of Mexico.
The Mexican Supreme Court has ruled unconstitutional the law banning abortion in the northern state of Coahuila. Until now, termination of pregnancy in the country was prohibited in 28 of its 32 states, with penalties of up to 30 years in prison. Coahuila now joins the small number of states where abortion is permitted, but the court's ruling could have far greater reach, as it establishes a legal precedent that cannot be ignored elsewhere. Meanwhile, women in Texas, constrained by the new law banning abortion, may travel to the neighbouring Mexican state of Coahuila to exercise their right.
Mexican women have been making their voices heard for years in favour of legalising abortion rights in the country. In 2007, the capital Mexico City chose the path of decriminalisation; in subsequent years Oaxaca, Hidalgo and Veracruz followed suit, but for the rest, Mexican legislation on the subject has remained very harsh. In some states, women risk sentences of up to 30 years for terminating a pregnancy; in Coahuila, local law provided for penalties of up to three years.
The Mexican Supreme Court has now overturned the situation in the northern state. A landmark ruling establishes that legislation criminalising abortion is inconsistent with the Mexican constitution and can therefore no longer remain in force. Women imprisoned under that law will have to be released. The ruling concerns only the specific law in Coahuila, but its reasoning calls into question all similar regulations elsewhere in the country — it is no coincidence that the Court's president, Arturo Zaldivar, noted that it "establishes binding criteria for all judges in the country." Similar rulings could therefore soon follow elsewhere, breaking down the wall of deep conservatism that characterises a country where the political and social influence of Catholicism is very strong.
Women in Texas are also watching this development with keen interest. In recent days, a ruling by the United States Supreme Court rejected the request to block the entry into force of the sweeping new law that bans abortion even in cases of rape and incest, and from now on terminating a pregnancy in the American state will be virtually impossible. It is therefore possible that a flow of "abortion migrants" will emerge — women who will cross the border to exercise their right in the neighbouring Mexican state of Coahuila.
The Mexican Supreme Court's ruling is important not only because it brings the issue of abortion rights in the country back into the spotlight, but also because it reopens the debate on the difficult conditions of women. Mexico is not a country for women, in the sense that between discrimination, violence and the failure to recognise their rights, daily life is beset by countless obstacles.
In 2020, an average of ten women a day were killed in the country, and in the first half of 2021 femicides had already reached 2,000. Sitting in parliament are individuals such as Félix Salgado Macedonio (who also ran for governor of the state of Guerrero in the spring), who faces multiple accusations of rape and abuse. There are stark inequalities in access to the labour market, with 44 per cent of women in employment compared to 79 per cent of men, and a gender pay gap — the difference between average annual salaries — of 22 per cent.
In recent times, however, feminist movements have been making their voices heard. In 2020, tens of thousands of women took to the streets to demand their rights, including the right to abortion. The following day there was a women's general strike from work, a demand to the government to take their situation into consideration. Scenes that have been repeated in recent months with ever greater frequency. "The women's movement in Mexico has gained a lot of traction over the past year," noted Wendy Briceño, the president of the Parliament's Equality Committee. The ruling against abortion in the state of Coahuila therefore comes at an ideal moment; it is no coincidence that it has been described as a watershed for the rights of Mexican women.
