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- Authorities and health care providers in Mexico State, the most populous U.S. state, have failed to guarantee access to abortion care, even when it is legal.
- Barriers to legal abortion care make it harder for people to get the services they deserve, especially those living in poverty, youth, and people with disabilities.
- The Mexican government should fully decriminalize abortion. Health agencies should work more collaboratively to ensure everyone has access to abortion services without discrimination.
(Mexico City) – State authorities and health care providers MexicoMexico State, the country’s most populous state, fails to guarantee abortion services even when permitted by state law, Human Rights Watch said in a report released today. Despite nationwide efforts to recognize abortion as a constitutional and human right, the state continues to criminalize abortion, allowing exceptions only in cases of rape, “negligent abortion,” when the woman’s life is at risk, or when the fetus has a “serious congenital or genetic abnormality.”
The 44-page reportOvercoming obstacles: Access to abortion in Mexico stateThe report found that the state’s abortion law does not guarantee access to this essential service, even for abortions that qualify under the law. Barriers to access include health care providers refusing or delaying services, withholding necessary information, questioning the veracity of statements made by survivors of sexual violence, subjecting women to abuse, and imposing arbitrary requirements that conflict with existing laws and regulations.
“Women, girls and other pregnant women continue to face significant barriers when seeking abortions, even when they qualify for the exceptions provided for under Mexican state law.” Cristina Quijano Carrascowomen’s rights researcher at Human Rights Watch. “The Mexican government needs to fully legalize abortion, which is a critical step towards achieving gender equality.”
The lack of abortion services in the state has forced large numbers of people to travel to Mexico City, where abortion services are available without restrictions up to 12 weeks of pregnancy, highlighting the huge differences between Mexican states in protecting reproductive rights. A worrying ratio Gender-based violence, including femicide and sexual violence, and limited access to abortion in the state further exacerbate discrimination against women and girls.
Human Rights Watch interviewed more than 66 health care workers, government officials, and Civil Society Human Rights Watch and other experts. Human Rights Watch found that gender bias and stereotypes in health care in Mexico state are significant barriers to accessing legal abortions. Doctors, nurses, and psychologists interviewed at several hospitals said they had observed hospital staff mistreating patients, including questioning their motivations for seeking abortion care and making derogatory comments such as “good mothers don’t do these things.” Some patients who experienced abuse left without receiving the care they needed.
Some hospitals and health care providers further restrict access to abortion services by imposing arbitrary requirements that conflict with or undermine existing laws and regulations. For example, some health care providers require survivors of sexual violence to report their cases to authorities before receiving abortion services, even though state law does not require such reporting.
Fear of legal consequences also deters health care providers from providing services and patients from seeking abortion care. The continued criminalization of abortion deters women and girls from seeking information about how to legally terminate a pregnancy, making safe abortion more difficult. Fear of facing criminal charges also prevents women from seeking medical help when they need it, Human Rights Watch found.
Inadequate abortion care due to staff shortages and conscientious objection by health care providers also led to delays in time-critical abortion care, in violation of international human rights standards. Some health care providers who objected to abortion also refused to provide information about how to access such services, in violation of Mexico’s Supreme Court ruling on conscientious objection, Human Rights Watch found.
Teens seeking abortion services face additional barriers, Human Rights Watch found. Although state law does not require parental consent for those over 12, some providers illegally require parental involvement for those under 18.
Women with disabilities, girls and other pregnant women in the Mexican state face additional barriers due to the existence of legal guardianship, a system that allows a third party to make decisions for people, even about health treatment.
In 2023, the Mexican state congress passed the National Civil and Family Procedure Code, which recognizes full legal capacity for anyone 18 years and older, including people with disabilities. But the state legislature has not yet amended its civil code, so the system of substituted decision-making remains in place. This could deprive people with disabilities of their right to make their own health decisions, including access to abortion services.
Since 2007, 72,336 women, girls, and pregnant women living in Mexico State have received abortion services in Mexico City. However, forcing people living in Mexico State to travel to Mexico City for abortion services places a disproportionate burden on the poor, people with disabilities or care responsibilities, adolescents, and others who may not be able to travel easily.
“The State of Mexico should join the 16 other states in the country that have fully legalized abortion and are taking the lead in protecting women’s rights,” said Quijano-Carrasco. “Health agencies at the state and federal levels should step up their joint efforts to ensure that everyone has access to abortion services without discrimination.”
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