Beyond Legislation: why it’s crucial to keep pushing towards abortion access in Mexico
In Latin America there has been an increase in access to reproductive rights in the last few years and Mexico is no exception. In September of 2023, the Supreme Court of Justice of the Nation decriminalized abortions, stating that restricting the right to decide on the interruption of pregnancy are contrary to the rights to human dignity, reproductive autonomy and free development of personality (SCJN, 2023). However, it’s crucial to continue the conversation on abortion and discuss the different barriers to abortion access.
Abortion Access in Mexico
Currently abortions are legal in 14 of the 32 states, each of these states allowing abortion upon request up until the first 12 weeks of pregnancy, with the exception of Sinaloa where it’s possible to have an abortion up until the thirteenth week of pregnancy. In the rest of the states, abortion access varies depending on local legislation. Mexico City became the first state to legalize abortion in 2007, while in 2017 Chihuahua became the latest.
Although abortions have been decriminalized nationwide, this landmark ruling isn’t enough to ensure that all abortion seekers have full access to safe abortion services. According to a study on barriers towards abortion access in Mexico, there are multiple factors that contribute to these barriers such as cultural stigma, religion, lack of adequate abortion services, medical staff who refuse to provide abortions and anti-abortion groups (Veldhuis et al., 2022).
Main barriers that limit safe abortion access
Abortion barriers can be found across the country, regardless if abortions have been legalized or not. In the state of Oaxaca abortions were legalized in 2019, however during 2021 only 2 out of 962 healthcare centers offered abortion services (Sarabia, 2021). This means that many abortion seekers will have to travel within their own states or to other states to access abortion services, but this isn’t a viable option for all. A trip to Mexico City for an abortion could cost from 100 up to 4,000 pesos, leaving some people without the possibility to travel for safe abortions (Rositani, 2023).
Another factor to take into account is that one in three people confirm their pregnancies past six weeks, and one in five past 7 weeks (ANSIRH, 2021). Later confirmation of pregnancy is even higher among young people, people of color, and those living with food insecurity. For women and people who live in poverty and reside in states where abortions are restricted, it becomes increasingly difficult to access abortion services due to lack of financial ability, limited time to travel for abortion services and fear of judgement from their communities.
There are some states where abortion isn’t legal but is permitted in cases of rape. In 2022, a 13 year old girl was denied an abortion, even though she was in her legal right to abort as the pregnancy was a result of rape. In 2024, a 12 year old girl was denied an abortion after being raped, the medical staff tried to pressure her into continuing the pregnancy, alleging that their medical staff was not equipped to provide the abortion (Flores, 2024). In both cases the girls were referred to abortion clinics in Mexico City, but only after these cases became national news and were pressured by the public and feminist organizations to provide them with abortion services.
Abortion seekers are taking control of their abortion experiences
As a response to the barriers for safe abortions, self-managed abortions are becoming increasingly popular around the world, especially in regions where the practice is restricted. Mexico’s neighbour is an example of this; in the U.S. medication abortion accounted for 63% of all abortions during 2023 (Jones & Friedrich, 2024)
Self-managed abortions can be done safely when using the correct medication (mifepristone and misoprostol) and following accurate abortion protocols (WHO, 2022). Although mifepristone requires a prescription in Mexico, misoprostol is generally more accessible across the country, allowing women to have a self-managed abortion with misoprostol.
A self-managed abortion allows abortion seekers to regain bodily autonomy, giving them agency over the choices regarding their body and their ability to decide what is right for them. Abortion seekers aren’t alone, there is an extensive network of abortion advocates and providers accross the country that can help them, providing support in areas where the country has overlooked.
Abortion activists have also been increasingly providing abortion support not only to women in Mexico, but also those who need abortion access at the U.S. border (Hernández, 2023). In areas where it’s difficult to access in person support, there are also digital tools that can guide them during their abortion journey, such as safe2choose’s abortion counselors or Ally, the safe abortion chatbot.
Efforts need to be made to continue the conversation
The path towards safe abortion access hasn’t been easy, but Mexico is an example of how unity amongst abortion advocates and lawmakers can create paths that make abortions, an essential healthcare service, available to seekers. Although the decriminalization and legalization of abortions are crucial and important steps towards reproductive justice, this still needs to be accompanied by adequate abortion clinics and services, qualified medical staff, destigmatization, accesible prices, and an amplified network of abortion providers.
The various barriers demonstrate that there are gaps when it comes to abortion services that aren’t being adressed, many of which stem from stigma and judgement, making it increasingly difficult to access abortions even in states where they are legal. However, the efforts of activists and NGOs focusing on promoting safe abortion resources demonstrate that it is possible to provide this healthcare service in a comprehensive way.
Although this case is specific to Mexico, it’s a reflection of abortion barriers that can be found around the world. This is why it’s necessary to continue to highlight what needs to be improved in abortion services, why cultural and religious stigma surrounding abortions are still prevalent, how we can combat them to ensure safe abortion access to all and what steps need to be taken to make this a reality.
References:
ANSIRH. (2021). One in three people learn they’re pregnant past six weeks’ gestation. https://www.ansirh.org/research/research/one-three-people-learn-theyre-pregnant-past-six-weeks-gestation
Flores, S. (2024). Niegan aborto a niña que fue violada en Jalisco; lleva 11 días en espera de ser atendida. Animal Político. https://animalpolitico.com/estados/niegan-aborto-a-nina-que-fue-violada-en-jalisco-lleva-11-dias-en-espera-de-ser-atendida
Jones, R. K., & Friedrich, A. (2024). Medication Abortion Accounted for 63% of All US Abortions in 2023—An Increase from 53% in 2020. Guttmacher Institute. https://www.guttmacher.org/2024/03/medication-abortion-accounted-63-all-us-abortions-2023-increase-53-2020
Hernández, M. T. (2023). As Mexico expands abortion access, activists support reproductive rights at the U.S. Border. AP News. https://apnews.com/article/mexico-legal-abortion-access-activists-470863cf5a9101b7ffb12bd323e3466b
Rositani, A. (2023). La CDMX se convirtió en un refugio para mujeres que buscan un aborto, pero las barreras persisten. Animal Político. https://animalpolitico.com/genero-y-diversidad/aborto-cdmx-mujeres-barreras
Sarabia, D. (2021). Despenalización del Aborto en Oaxaca: Solo dos Clínicas y sin atención a Mujeres Indígenas. Animal Político. https://animalpolitico.com/2021/12/aborto-oaxaca-solo-dos-clinicas-sin-atencion-mujeres-indigenas
SCJN. (2023). EL SISTEMA JURÍDICO QUE REGULA EL DELITO DE ABORTO EN EL CÓDIGO PENAL FEDERAL ES INCONSTITUCIONAL POR SER CONTRARIO AL DERECHO A DECIDIR DE LAS MUJERES Y DE LAS PERSONAS CON CAPACIDAD DE GESTAR. Suprema Corte de Justicia de la Nación. https://www.internet2.scjn.gob.mx/red2/comunicados/noticia.asp?id=7504
Veldhuis, S., Sánchez-Ramírez, G., & Darney, B. G. (2022). “Sigue Siendo UN Sistema Precario”. Barreras de Acceso a abortos clínicos: La experiencia de acompañantes en tres regiones mexicanas. Cadernos de Saúde Pública. https://www.scielosp.org/article/csp/2022.v38n4/ES124221/es/
WHO. (2022). WHO recommendations on self-care interventions. World Health Organization. https://apps.who.int/iris/bitstream/handle/10665/39244/9243541358.pdf?sequence=1&=&isAllowed=y
About the author:
Vianey Estrada is a feminist and women's rights advocate from Mexico. She is the co-lead of the global communications team at Politics4Her, Communications Officer for safe2choose and is passionate about using her communications knowledge to contribute to the feminist movement. Currently she's pursuing a master's degree in gender studies, arts and humanities.
