Edward Murillo
Newspaper La Jornada
Wednesday, May 25, 2022, p. 19
The official Mexican norms (NOM) that allow minor women, victims of rape, to resort to abortion without the need for a court order or authorization from their parents are constitutional. This was determined by the SCJN, noting that in this way the minimum standards of respect for human rights and protection of the rights of victims are met.
These are NOM-190-SSA1-1999 and NOM-046-SSA2-2005, in force throughout the country, but which were challenged through separate constitutional disputes by the Legislative Power of Aguascalientes and by the then Governor of Baja California, Francisco Vega de Lamadrid.
In both controversies, the alleged invasion of the constitutional powers of state governments by the federal government was alleged.
It is considered that an invasion of jurisdiction cannot be validly argued when what is at stake is nothing more and nothing less than the human rights of the victims of violence, specifically the rights that, in the case of rape, a woman or person with ability to gestate, and especially of minors, women 12 years of age and older, as is the essential right to obtain immediate termination of pregnancy
said Minister Luis María Aguilar Morales, rapporteur in both controversies.
Minister Loretta Ortiz explained that the challenged official rule was necessary to include advances in human rights, a product of the 2011 constitutional reform.
The restriction so that girls, women and people with the capacity to gestate, victims of rape, have to have a judicial authorization to carry out a procedure of interruption of pregnancy, constitutes a form of violence and institutional discrimination against them.
Minister Ortiz warned.
Arturo Zaldívar, minister president, joined the majority: “The challenged NOM does nothing but recognize the right of rape victims to make autonomous decisions regarding their body, health and life project, in light of their progressive autonomy. For this reason, it sets the age of 12 years as the parameter to waive the requirement of parental consent, an age that is reasonable in view of the emotional and cognitive development that takes place in adolescence that diminishes the right of parents to make decisions for them.
Forcing women or girls to carry a pregnancy derived from rape to term implies a total disregard of their human dignity, autonomy and free development of the personality, in addition to being revictimizing and a form of gender violence
Zaldivar added.
The project was approved with the vote of 9 of the 10 ministers present at the session, the only one who spoke against it was Minister Mario Pardo Rebolledo, who argued that the modification of these NOMs did not meet the formal requirements for their approval. approval.
