Policy Backlash

Due to the federalist structure of Mexican politics, states have discretion over their state Constitutions and penal codes. There are no standardized abortion laws throughout the thirty-one states and the capital, Mexico City. Since Mexico City changed their abortion laws in 2007, seventeen states have since amended their state Constitutions to protect the fetus from the moment of conception. Furthermore, twelve states prohibit certain contraceptive access, like IUDS. Although Mexico City has decriminalized abortion, their liberalized reproductive policy did not lead other states to do the same. In fact, in the past 5 years since the implementation of the law, 127 women in 19 states were put on trial for their abortions (1). These changes directly react to the liberalization of abortion policy in Mexico City and effectively eliminate the right to abortion following pregnancy from rape, incest, and other life threatening situations.

The policy inconsistency across states limits women’s access to safe and legal abortions. Not only do unstandardized abortion policies make it so that geography determines a woman’s ability to access basic human rights (recognized by international organizations), but it also influences the accessibility of knowledge about these rights.

The lack of standardization of policies obscures rights, where they exist. A 2003 survey determined that 74% of low-income women did not know that abortion is legal in some circumstances and places. Another survey determined that the less aware people are of the legality of abortion, they are three times more likely to be anti-choice than those who are aware of the legality of abortion in certain circumstances. Therefore, not only do the inconsistencies across states of abortion laws play a role in the inaccessibility of abortion, but also so does the inadequate and inaccurate distribution of accurate information about abortion procedures and abortion policy. Inconsistent state policies act as the strategic prevention of abortion access and play into the delay of the information provision.

Even in states with more liberal policies, there are barriers put in place by anti-abortion groups, religious groups, medical physicians, and hospital administrators. While the Mexican government may not directly implement these barriers, the possibilities for the distribution of inaccurate information and significant delays enable anti-abortion groups to prevail by evoking fear and delaying authorization. For example, twenty-nine out of thirty-two states do not have comprehensive guidelines for administrators or professionals, which allows them to obstruct access to legal abortion after rape.

If other countries are considering the decriminalization of abortion, the way Mexico City did in 2007, they need to carefully consider the political system, and the possibility of widespread, accurate information distribution and standardization of policies.

(1) Kari Paul. “The Criminalization of Abortion Continues in Mexico.” Ms. Magazine, May 30, 2013.