Advocacy group Human Rights Watch (HRW) released a report on Monday revealing legal abortions have been frequently denied to women and girls in Mexico’s most populous state.
The report, titled Navigating Obstacles, examines access to abortion in the state of Mexico between January 2018 and February 2024. Throughout this period, abortion remained criminalized in the region. However, the state code permits the procedure in cases of rape, when the pregnant woman’s life is at risk, or if the fetus has “serious congenital or genetic alterations.”
The report claims that abortion is criminalized across all 33 states of Mexico. Though many places allow exceptions, these vary between states, causing discrepancies in treatment and barriers to access in certain regions. Despite exceptions permitting the procedure in the state of Mexico’s code, many women and girls have been denied access to abortions, even in circumstances falling within the exceptions. HRW identified gender-based discrimination, stigma surrounding the procedure, and mistreatment as significant factors behind the limited utilization of the medical procedure.
Several interviewees stated they had been hesitant to request the procedure due to judgment and fear of “being punished for their sexuality.” In contrast, others recalled being unlawfully denied an abortion on multiple occasions by health practitioners. Some women and girls were even questioned by hospital security guards who would refuse entry to those whose motives were deemed unsatisfactory.
While Mexico has made substantial progress towards promoting formal equality across the country in recent years, UN Women has determined a considerable implementation gap remains between what is stated in laws and the practical implementation and compliance of these laws in day-to-day life.
HRW argues Mexico’s failure to decriminalize abortion conflicts with the nation’s obligations under its federal constitution and the International Covenant on Civil and Political Rights, including the rights to privacy, bodily autonomy, and integrity. The Supreme Court has also affirmed that the criminalization of abortion is unconstitutional in several of its rulings. Consequently, HRW recommended that all criminal codes of Mexico, at the state and federal levels, be revised to align with these human rights obligations. The group also called for the expansion of the recently formed Safe Abortion Services (SAS) program to several health institutions across the state of Mexico.
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