Mexico: Historic Win as Top Court Rules Abortion Access to Rape Survivors a Human Right

Women rights group are cheering a recent ruling by Mexico's top court granting the right of abortion for rape survivors but explaining that women still have a long way in their fight for full reproductive rights in the country.

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In 2015 and 2016, two teenage girls were raped in Mexico and when they tried to access abortion care and were turned away by Mexican authorities, they decided to sue to be granted access to such services.

In a landmark ruling earlier this month, Marimar and Fernanda won their lawsuit as the Supreme Court ruled favoring the girls, making abortion access a human right for the rape survivors. Both of them were offered compensation.  

The move has been heralded as an important victory by women's rights groups since this is the first time the court "pronounced itself in individual cases of abortion rejection in the country ... cases where a woman claims justice," Regina Tamés, executive director of Information Group on Reproductive Choice, or GIRE, told the Ms. Magazine,

According to GIRE, the Supreme Court cast five unanimous votes in favor of Marimar’s legal stay "thus recognizing that the denial of a legal abortion after rape constitutes a violation of reproductive rights." 

Tamés said recent court ruling is a step forward against impunity, "there is a great gap between law and compliance," and the fight to achieve abortion access for all is yet to be won. The battle ends with changing norms—and guaranteeing such policies are implemented.

Every state has its own set of laws and approach to reproductive rights in Mexico, abortion is permitted for up to 12 weeks in Mexico City, while in other states the access to abortion remains highly restricted, with only national laws forcing doctors’ hands. 

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One in four girls faces sexual assault before the age of 18 years old in Mexico, according to a report from CREA (The Executive Commission of Attention to Victims).  

Between 2009 and 2016, 111,413 complaints were received by the state from women and girls who had been raped and who sought a legal abortion and were denied services. Only 63 legal abortions were reported by the health system during that same time period, the GIRE noted. 

Tamés told Amie Newman, Board Member at NARAL Pro-Choice, "This sets a precedent for the whole country. This gives us hope and empowers victims of rape because they know now that the court is on their side."  

Tamés said the country has a long way to go to grant human rights to women.  "Conservative and anti-rights groups feel pretty comfortable and empowered now," Tamés said, "after Trump’s triumph."