Mexico's Supreme Court Considers Challenge To Mexico City Law Permitting Abortion

Main Category: Abortion
Also Included In: Litigation / Medical Malpractice
Article Date: 27 Aug 2008 - 6:00 PST

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Mexico's Supreme Court on Monday began public deliberations on a legal challenge filed last year by the conservative federal government seeking to overturn a 2007 law passed by Mexico City's government that made abortions legal, the New York Times reports. In order to reverse the law -- which allows abortions during the first trimester -- eight of the 11 magistrates must vote against it, according to the Times (Cattan/Malkin, New York Times, 8/25).

According to Reuters, the Roman Catholic Church backs the federal government's call to overturn the law. Mexico City's administration, headed by Mayor Marcelo Ebrard, says women have a right to safe abortions rather than risk their lives in unsafe clandestine clinics. One of the court's 11 judges, Salvador Aguirre, already has submitted a ruling that says the Mexico City law is unconstitutional. "The right to life recognized by the constitution remains protected from the moment of conception," Aguirre wrote (O'Boyle, Reuters, 8/23).

According to the Times, although a decision could come as early as this week, the debate is "unlikely to end with a court ruling." Antiabortion groups already have said they will push for a referendum if the court does not rule in their favor, arguing that is a better way to decide "such a momentous issue" (New York Times, 8/25). Reuters reports that the Mexico City government is confident the law will be upheld, because many of the Supreme Court's members previously upheld the legalization of abortion for special circumstances, such as for birth defects. Leticia Bonifaz, chief legal counsel of Mexico City, said, "The issue of women's rights is the core of our argument."

The Times reports that since the law went into effect in April 2007, about 85% of gynecologists in the city's public hospitals have declared themselves conscientious objectors. In addition, women have complained that even at hospitals that perform abortions, staff members often are hostile and create bureaucratic obstacles. After so many physicians refused to perform the procedure, Mexico City hired four new physicians to help handle the load at the 14 city hospitals where the city initially offered abortions; now, 35 physicians offer the procedure in city medical facilities. However, it is unclear how many women may have decided to forgo an abortion because it took too long to get an appointment or because they have to wait too long for the required ultrasound, the Times reports.

According to the Times, there have been few public protests leading up to the Supreme Court case, but neither side has "mobilized massive forces." Rather, it is the physicians who "are on the front lines when it comes to choosing sides" (New York Times, 8/25).

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