Background on the Case
The Supreme Court of Justice of the Nation (SCJN) has granted protection to 48 women in Morelos against four articles of the state’s Penal Code, which impose penalties ranging from one to five years in prison and fines of twenty to two hundred days for women who voluntarily terminate their pregnancies or consent to having an abortion.
The Court’s Decision
In a 3-2 ruling, the SCJN declared these penal provisions unconstitutional and in violation of international human rights standards, as they infringe upon the right to health of women and those with the capacity to bear children.
Key Aspects of the Ruling
- Immediate Implementation of Abortion Services: The SCJN ordered the Morelos Health Services to begin providing voluntary abortion services immediately, adhering to international standards.
- Protection for Healthcare Professionals: The court ensured that no healthcare professionals within Morelos Health Services would face penalties or investigations for performing voluntary abortions on the protected women.
The SCJN emphasized that local authorities have the obligation to implement, promote, and organize health services to guarantee women’s right to voluntarily interrupt their pregnancies.
Relevance of the Ley de Amparo
The Ley de Amparo, or the Amparo Act, stipulates that if a general norm is deemed unconstitutional, its effects extend to all related regulations and acts whose validity depends on the invalidated norm. Consequently, these effects result in the non-application of the norm specifically to the petitioner.
Key Questions and Answers
- Who is involved in this case? The SCJN protected 48 women in Morelos against penal provisions that criminalize voluntary abortions.
- What was the SCJN’s decision? The court declared the penal provisions unconstitutional, emphasizing the right to health and women’s choice in terminating pregnancies.
- What does the ruling entail? Morelos Health Services must immediately provide voluntary abortion services according to international standards, and healthcare professionals involved will not face penalties or investigations.
- Why is the Ley de Amparo relevant? The Amparo Act ensures that unconstitutional norms, like the ones in this case, do not affect the petitioners alone but have broader implications for similar situations.
