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The Americas

Abortion rights in Mexico

Steps forward and back

Sep 30th 2011, 2:33 by T.W. | MEXICO CITY

TO EQUAL measures of joy and dismay, Mexico’s Supreme Court has given the green light to ultra-conservative anti-abortion laws passed in the states of Baja California and San Luis Potosí. On September 28th seven of the Court’s 11 justices voted to strike Baja California’s law down, falling one vote short of the eight needed to overturn it. On Thursday they ruled in the same way on the San Luis Potosí case.

The laws are about as firmly pro-life as it gets. The states have altered their constitutions to say that life begins at conception, meaning that abortion is now illegal—indeed, potentially murder—in virtually all cases. Reports differ as to whether cases such as rape or when the mother’s life is in danger will be included in the ban. Religious leaders have declared their satisfaction; pro-choice campaigners have warned of an increase in back-street abortions and women being wrongly prosecuted for miscarriages.

The two states’ new laws are part of a backlash against a measure passed in Mexico City allowing abortion on demand up to 12 weeks into pregnancy. That law—the first of its type in Latin America outside Cuba—was upheld by the Supreme Court in 2008. Many pro-choicers at the time had hoped that it would signal the beginning of a more liberal approach to abortion in the staunchly Catholic country. But it has had the opposite effect: since then, at least 16 of Mexico’s 31 states are reckoned to have passed anti-abortion laws.

The dispute again underlines the vast difference between Mexico’s liberal capital and its conservative countryside. Mexico City has recently approved gay marriage and adoption, and is considering the legal regulation of prostitution (though that is a vice that seems to be pretty well tolerated in most of Latin America, including Mexico). Most of the rest of the country is a long way off such measures.

That gulf will come into play in next year’s presidential election, in which Marcelo Ebrard, the capital’s mayor, has declared he will stand. His likely opponents include Josefina Vázquez Mota of the ruling National Action Party, and Enrique Peña Nieto of the Institutional Revolutionary Party, which ran Mexico for much of the 20th century. Mr Ebrard is pro-choice and supports gay marriage. Ms Vázquez Mota’s views are unclear, but her party is pretty staunchly against both. Mr Peña Nieto, who seems ideologically flexible on most things, has yet to come down firmly either way. So far the campaign has been mainly about crime and the economy, but that could yet change.

Readers' comments

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Shikhee Soeb

I agree with @PointedPen in that it us unclear what the title of the article implies with “steps forward and back”. An archaic perspective such as this will not do well in Mexico, a country that teeters between the past and the future on a daily basis. Although Mexico is a predominantly Catholic country, it needs to be realized that there is a difference between pro-choice and pro-abortion. Issues like this are not easily defined and are not black and white. It does not make sense to make abortions illegal in the name of religion on one hand, while legalizing prostitution and gay marriage on the other. The country is so polarized that its policies will only lead to further chaos. There needs to be a common law for all states for resolutions to be implemented. Mexico would also do well to think more about the high rates of homicide and crime in the nation if it is really focusing on protecting its people. Although a social issue such as this is difficult to reach a compromise on because everyone has varying opinions, without some form of resolution that is reasonable, Mexico is going to put many at risk because simply outlawing something does not make the problem go away.

CallieAlvis

Mexico's anti-abortion arguments look a whole lot like the anti-abortion arguments that are present in America. There are many Christian groups that believe that abortions shouldn't be acceptable, but then there are people that believe that it is ok for abortions in certain cases. This just goes to show that there is always going to be differences among people within a country on certain issues. There will never be a case where everyone agrees on something.

agphillips

Mexico overall is a very socially conservative country, especially due to Catholic prominence. However, the acceptance of abortion in Mexico City and it being banned by northern Mexican states like Baja and San Luis Potosi just show the political and cultural divide between north and south/urban and rural areas. This is like the divide between "Heartland America" (South and Midwest) and the West and East coasts of the United States. It is a major urban/rural, liberal/conservative cleavage that is prevalent in the U.S. and Mexico. It will be interesting to see how many more states in Mexico move to ban abortion and take other pro-life policy measures. Also, this argument will surely shape the attitudes of politicians in the upcoming 2012 election.

jmoon12

It is difficult to find a balance between the rural and urban people of Mexico, let alone the liberal and conservative. It's sad that abortion is illegal (which will indoubtably lead to sketchier abortions) and yet prostition is on the way (if not already) to being legal. I'm also suprised that such a Catholic culture has already approved gay marriage but having deliberations over simularly controversal social issues.

Nirvana-bound

The draconian Catholic Church still weilds a whole lotta power & influence, in Mexico's predominantly Catholic (& less educated) hinterlands. Just goes to prove, once again, that religious indoctrination (brainwashing) continues to be a powerful mind-altering sociological tool, to this day. Mexico City may be the exception to the rule.

Disgruntled Economist

Meanwhile, in the same country, bodies and heads are dumped in the streets of several Mexican cities on an almost daily basis.

Which affair needs all the attention of the politicians and the society?

kentiwari

Why are we so much involve with the minor issues, Rather than to think the biggest problems, are Economics of our Country ?
Cllr Ken Tiwari (Oxford UK)

economical aetiology

This is nothing more than realpolitik as the politicians does these chicancery before the election just to polarise their electorates.

It happens everywhere; as I am from India the situation is same out here. Now to understand the corruption regrading 2 G you have to understand a whole tome of confusing materials.

I wonder why such decisions come at the cuspid of election time. Is what I am doubting is correct than democracy is just a sham.

snegcar7

Does the blogger really lives in Mexico? It is far from certain that Ebrard's name will be on the presidential ballot. His party (the Party of the Democratic Revolution, PRD) may nominate instead Andres Manuel Lopez Obrador (who narrowly lost in 2006). Vazquez Mota and Pena Nieto do indeed seem will gain the support from their parties. Ebrard will probably become (as a consolation prize) a candidate for the Senate.

Abortion becoming an electoral theme in Mexico? Quite improbable. Until now the issue is clear: it is a matter for states to decide, and any electoral promises to alter that balance could seem risky and unnecessary. Skyrocketing crime and the economy will remain the issues.

marcy@home

Great, ´cause that´s just what Mexico needs, more abandoned and neglected children to run around the streets and grow up desperate to survive. I live in Mexico and see this first hand.

R Lavallee

I say, good for Mexico! As far as the "problems" caused this pro-life legislation, they are far fewer than those caused by abortion on demand.

R Lavallee

I say, good for Mexico! As far as the "problems" caused this pro-life legislation, they are far fewer than those caused by abortion on demand.

PointedPen

The title is not clear. Which ruling is a "step forward" and which is a "step back?"

In both cases the courts simply upheld the decisions made by legislatures.

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In this blog, our correspondents provide reporting, analysis and opinion on politics, economics, society and culture in Latin America, the Caribbean and Canada.

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