The Green Tide (Marea Verde) continues to advance across Latin America. In October, two local legislatures in Mexico decriminalized abortion up to 12 weeks of pregnancy, bringing the total to 15 out of 32 Mexican states where abortion is now decriminalized. Mexico’s path toward abortion decriminalization took time to gain momentum: Mexico City was the first to decriminalize abortion up to 12 weeks of pregnancy in 2007. However, it wasn’t until 12 years later that Oaxaca became the second state to allow the termination of pregnancy without penalty within the first 12 weeks. A turning point came in 2021 when the Mexican Supreme Court ruled that criminalizing abortion was unconstitutional) (Acción de inconstitucionalidad 148/2017). Since then, numerous states have followed suit, contributing to a ripple effect. This progress was solidified in 2023 when the Supreme Court ruled that the section of the Federal Penal Code criminalizing abortion would no longer have legal effect (Amparo en Revisión 267/2023).
The latest example is Michoacán. On October 10, with 27 votes in favor and six against, the Michoacán’s Congress approved the decriminalization of abortion up to 12 weeks. The reform, published in the official state gazette, maintains penalties for medical personnel who perform abortions beyond the 12-week mark. The reform also outlines several exceptions under which abortion will not be punishable, regardless of gestational age. These exceptions include: if the pregnancy is the result of rape, carried out for medical reasons, due to non-consensual assisted reproduction procedures, if the pregnant person is in a precarious financial situation, or if the individual sought an abortion within the 12-week limit but was denied access (source).
Notably, Michoacán is the third state to permit abortion at any stage of pregnancy, though only under the aforementioned circumstances. The other two states with similar provisions are Coahuila (by a Supreme Court decision) and Guerrero (through a reform to the local criminal code). The law also emphasizes that the right to abortion extends to all pregnant people, moving beyond binary definitions to ensure this right for everyone. Another aspect of the reform is that healthcare professionals performing abortions, rather than facing imprisonment (as it was established before), now face between six months and one year of community service.
One week earlier, following a ruling by a Collegiate Tribunal (Tribunal Colegiado), the neighboring state of Jalisco’s Congress reformed the local Criminal Code to allow abortion before 12 weeks. However, unlike the Michoacán case, the reform imposes severe penalties beyond that period: women who terminate their pregnancies after 12 weeks face four months to one year in prison, and those performing abortions face three to six years of imprisonment. Additionally, healthcare personnel or midwives performing abortions may face professional suspension for one to five years. Exceptions to criminal liability include abortion in cases of rape, child sexual abuse, non-consensual artificial insemination, life-threatening pregnancies, serious health risks, or cases where the fetus has genetic or congenital abnormalities.
This comparison raises critical questions about the disparities in abortion access across neighboring states: How might healthcare providers’ behavior shift when performing abortions near the twelfth week? What disproportionate impacts will criminalization have on women? While decriminalization generally reduces stigma, improves care quality, and enhances access to safe abortion, it is essential to consider the implications of implementing it unevenly.
As various studies and international organizations have noted, the criminalization of healthcare professionals exposes them to risks such as harassment, prosecution, or sting operations. It leads to a reduction in trained providers and the erosion of essential skills, which impacts the availability of competent providers even for exceptions to criminalization. When pregnant individuals are criminalized, accessing safe abortion becomes more difficult, increasing the risks of maternal mortality and morbidity. This may discourage individuals from seeking or continuing abortion care, including referrals within the formal healthcare system, and expose them to criminal proceedings, depriving them of crucial support, timely information, and post-abortion care.
In addition to these recent reforms, on October 12, the Mexico City Congress introduced a new reform initiative to remove abortion from the Penal Code entirely. After the initiative was presented, Clara Brugada—the current Mayor of Mexico City— expressed her support for women’s right to choose whether to terminate a pregnancy. She also emphasized that the government would be reviewing and backing the proposed initiative.
Despite the slow progress in Mexico, the ultimate goal of this strategic litigation effort is clear: for abortion to become a recognized right nationwide. In the interim, the goal is to establish a defined period during which people can access abortion, remove abortion from the penal code, and frame it within the realm of public health grounded inhuman rights-based principles. It’s important to remember that the Mexican Supreme Court has ruled that federal healthcare institutions—such as the Mexican Social Security Institute (IMSS) and the Institute of Social Security and Services for State Workers (ISSSTE)—must provide access to abortion services. The court also ruled that people seeking abortions in these federal institutions cannot be criminalized.
The United States could learn from Mexico’s example: it is not enough for courts to declare the right to abortion. This right must be enshrined in law, implemented through public policy, funded properly, and normalized as a socially recognized right. U.S. activists and policymakers should look to the strategies Mexican and Latin American feminists have employed in advocacy and litigation to guarantee abortion rights. The federal experience in Mexico could also inspire new legal strategies in the U.S. space. At the same time, Mexico can learn from the U.S. experience following the Dobbs decision: backlash and regression are always looming. Take the Aguascalientes case, for example. A few months ago, the State of Aguascalientes reduced the legal abortion window from 12 weeks to six weeks, despite having initially decriminalized abortion up to 12 weeks. This reform not only violated the principle of non-regression, but also jeopardized the ability of women and pregnant people in Aguascalientes to access abortion services. This issue becomes even more critical when viewed through an intersectional lens. Any young girls and adolescents who are victims of sexual violence may not realize they are pregnant until after the six-week window has passed. The Aguascalientes case underscores the importance of vigilance.
