Salvemos Miles de Vidas México, a network of health professionals, has called on lawmakers nationwide to treat abortion as a public health issue rather than a criminal one. The experts denounced that abortion, despite being a health service, remains criminalized in the capital’s penal code after 12 weeks, contradicting Mexico City’s pioneering role in decriminalizing it up to 12 weeks in 2007.
The Legal Contradiction
In 2021, the Supreme Court of Mexico declared the total criminalization of abortion unconstitutional across the country. However, only 24 out of 32 states have amended their penal codes to stop criminalizing the practice. Some states, like Campeche and Yucatán this year, have fully decriminalized abortion in their codes. Others, like Tabasco, have done so partially, allowing medical intervention only for specific reasons such as rape or health complications.
Despite these advancements, inadequate legislative handling nationwide leaves legal loopholes that enable investigations into abortion, maintaining its criminal status and social stigma.
CDMX Leads in Investigations
This legal discrepancy across the country and within each state’s penal code has direct consequences, not isolated incidents. In Mexico City alone, 146 investigations for abortion have been opened this year, demonstrating that criminalization persists despite progressive legislation.
Dr. Sandra Karina Gaspar Martínez, a gynecologist and obstetrician, emphasized during a joint press conference that women fear seeking and accessing safe abortions. She added, “Women will terminate their pregnancies whether we help them or not. Providing this care to all our women is crucial.”
Moreover, Mexico City’s investigation numbers for abortion surpass those for feminicide. Between 2023 and 2024, the city opened 368 investigations for abortion and 127 for feminicide.
“Criminalizing Poverty”
The experts agreed that criminalizing abortion revictimizes women, particularly the most vulnerable. Dr. Yoselin Rivera Vilchis, a specialist in mental and sexual health, stated, “Criminalizing abortion is criminalizing poverty. It ignores the distinct contexts and realities of individuals, including those living in poverty, racialized individuals, and minors.”
According to the World Health Organization (WHO), criminalizing abortion does not reduce its incidence but increases maternal mortality and morbidity.
Dr. Blanca Estela Kempis Robles, a surgeon from Morelos, shared her 30-year experience of treating women with irreversible damage from unsafe abortions. “There’s no time; we need to move past the fear and recognize abortion as a health service, not a crime. Safe abortion is public health; it should be a right, not a privilege,” she stressed.
A Call to Legislators
The network of health professionals urged lawmakers to comply with the Supreme Court’s orders, which have declared criminalizing women and healthcare providers unconstitutional. In early September, the SCJN ordered Morelos’ governor to ensure access to legal abortion without reforming the state’s penal code, demonstrating that criminalization must cease immediately.
Dr. Marau Basilio Roblero, a gynecologist from Tlaxcala, highlighted that medical personnel also live in fear. “Fear of being reported for providing care, losing our licenses, or even saving lives.” The experts insisted that lawmakers should base decisions on scientific evidence, cultural relevance, and intersectionality, not prejudices.
In light of this situation, the collective was proposed as the primary strategy for protection and continued work. Through networks like Médicos por el Derecho a Decidir, Médicos Verde Violeta, and Salvemos Miles de Vidas, these associations share evidence-based information, mutually train, and offer psychological and legal support.
The professionals proposed that abortion should be removed from penal codes and regulated solely by health guidelines, like the NOM 046 and 047 protocols for embarazo interruption in cases of rape or adolescent pregnancies. Decriminalizing abortion would allow health authorities to register how many women seek services, understand their reasons, and better control this public health issue.
Dr. Kempis concluded, “Health should not be regulated by laws. Health is an essential right, and abortion is too. Saving lives should not be a crime.” The professionals’ fight is for dignity and comprehensive care, as they believe “saving lives should not be a crime.”
Key Data Points
- Nationwide: Over 7,500 abortion-related investigations initiated in the last decade
- Mexico City (2023 – 2024):
- 368 investigations for abortion
- 127 investigations for feminicide
