This September 28 marks the Global Day of Action for Safe and Legal Abortion, when hundreds of women around the world march against the criminalization of abortion in Latin America and the Caribbean.
This 2021, the march departed from San Francisco, heading to the local Congress facilities. The protest has a key point: it takes place after the decision of the Supreme Court of Justice of the Nation (SCJN) to declare the criminalization of abortion unconstitutional.
The foregoing obliges the judges of Mexico to consider that the penal norms of the States that criminalize abortion are unconstitutional.
That is, the articles that indicate criminal sanctions will be without effect. Currently, article 339 of the Penal Code of Puebla states that abortion is: "the death of the product of conception at any moment of pregnancy".
At the same time as the march in the city of Puebla, for the first time, the municipalities Chietla and Acatlán de Osorio joined feminist mobilizations for the legal termination of pregnancy. Mobilizations are also reported in the municipalities of Chignahuapan, Zacatlán and Izúcar de Matamoros.
What will happen to women who are currently in prison for abortion? According to the federal Ministry of the Interior (Segob), it is working within the scope of its competence within the Criminal Justice System so that they are released.
In an interview with Poblanerías, Natalí Hernández, director of the Centro de Análisis Formación e Iniciativa Social (CAFIS, AC) said that although the ruling does not immediately force the release of women prosecuted for abortion, it opens the possibility for appeals in their favor.
Based on information request 00177019 made to the Superior Court of Justice of the State of Puebla (TSJE), said that from 2009 to 2019, 11 women were sentenced for the crime of abortion.
While, from January 2019 to June 2021, there is a record of 14 women, according to information from the State Attorney General's Office.
Translation done by: Karla Giselle Bonales Ramírez