With 20 votes in favor, 16 against and 1 null, the Congress of Jalisco decriminalized free abortion up to the 12th week of gestation, making it the 14th entity in Mexico to reform its legislation, to guarantee all women and pregnant people their right to decide to terminate a pregnancy.
In an extraordinary session, Jalisco legislators repealed this crime from the state Penal Code, which was established in article 227 regarding abortion.
After two secret votes, it was established that no criminal case is required when the woman’s life is in danger or there is a risk to her health, nor when a doctor diagnoses with sufficient reason that the fetus has genetic or congenital alterations that cause physical damage. or serious mental
Likewise, it modifies article 228 to allow free abortion not to be punished until 12 weeks of gestation and introduces article 228 bis in which criminal sanctions are considered for anyone who forces a woman to abort without her consent with or without violence.
The ruling adds two grounds to exclude women from any penalty when the woman proves that some authority denied her the service before 12 weeks or when a gynecological condition has prevented her from knowing her pregnancy before that period.
In an extraordinary event, the possibility of an abortion after 12 weeks was included, only when the woman is in a context of poverty or social vulnerability, so she can request “a comprehensive care process” from the institutions. of the state government after the abortion process.
In this regard, the Information Group on Elected Reproduction (GIRE) highlighted that the Congress of Jalisco complied with what was ordered on April 25 by the Second Collegiate Court in Criminal Matters of the Third Circuit.
He maintained that this achievement is part of a strategy promoted by GIRE, “with the objective that no pregnant woman, trans man or non-binary person, nor the health personnel or the people they accompany, are criminalized for abortion.”
Likewise, he considered that in terms of democratic legitimacy it was favorable that the Congress of Jalisco has reformed the Penal Code and complied with the resolution of the Collegiate Court based on what was established by the Supreme Court of Justice of the Nation.
