Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Monday, September 13, 2021

Mexico’s Supreme Court Greenlit Abortion. Will Doctors and Nurses Listen?

From The New York Times:

Mexico’s Supreme Court has ruled that abortion is not a crime, setting a national precedent that puts the country on the path to becoming the most populous nation in Latin America to allow the procedure. Thousands of people have faced criminal investigations in recent years for ending their pregnancies, and the court’s unanimous decision last week should enable them to get any charges dropped, legal experts said.

As an emboldened women’s rights movement increasingly took to the streets in Mexico, the nation edged toward broader access to abortion, with several states decriminalizing the procedure before the Supreme Court ruling. But as in Argentina, which legalized abortion last year only to have many doctors refuse to provide the procedure on moral grounds, those changes have created sharp divisions in a country with one of the world’s largest numbers of Catholics.

In fact, lawmakers in Mexico enshrined a doctor’s right to refuse to perform any procedure that goes against his or her personal beliefs in 2018 — a contentious issue that the Supreme Court is expected to take on this week that could ultimately determine how widely available abortion is in practice.

The court is considering whether to require that public hospitals have medical professionals on staff who are willing to perform abortions, or that patients must be transferred to facilities that do. The justices are also deciding whether to prohibit medical professionals from harassing or preaching to women who want abortions, a move that could fundamentally change the way doctors and nurses are allowed to treat people who seek to end their pregnancies.

Read more here

https://lawprofessors.typepad.com/family_law/2021/09/mexicos-supreme-court-greenlit-abortion-will-doctors-and-nurses-listen.html

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