Acción de Inconstitucionalidad 29/2010: Abortion Rights in Mexico City

Introduction

Acción de Inconstitucionalidad 29/2010 was a landmark constitutional challenge brought by the National Human Rights Commission (CNDH) and other plaintiffs against amendments to the criminal codes of several Mexican states that criminalized abortion in all circumstances. The case tested the constitutionality of absolute abortion bans under Mexican constitutional law, the American Convention on Human Rights, and international human rights standards.

Background

In 2007, the Mexico City Legislative Assembly legalized abortion during the first 12 weeks of pregnancy, becoming the first jurisdiction in Mexico to do so. In response, several states enacted constitutional amendments and criminal law reforms criminalizing abortion from conception, including provisions declaring that life begins at conception. The CNDH challenged these laws through actions of unconstitutionality before the SCJN.

The SCJN’s Ruling

The SCJN considered whether absolute abortion bans violated constitutional rights, including the right to life, the right to health, the right to autonomy, and women’s rights to equality and non-discrimination. The Court did not declare a constitutional right to abortion but held that the criminalization of abortion in all circumstances was disproportionate. The ruling established that state laws criminalizing abortion must include exceptions for rape, cases where the woman’s life or health is endangered, and severe fetal abnormalities.

The Abortion Rights Framework

The SCJN’s jurisprudence has established a framework that: recognizes the constitutional protection of prenatal life but does not grant personhood from conception; requires states to provide legal abortion access in cases of sexual violence; prohibits state laws that create absolute abortion bans; and acknowledges women’s reproductive autonomy as part of their right to health and free development of personality.

Subsequent Developments

In 2021, the SCJN issued a landmark ruling in Acción de Inconstitucionalidad 148/2017, which decriminalized abortion in the state of Coahuila and established that the criminalization of abortion violates women’s constitutional rights. This ruling, together with the 2023 SCJN decision decriminalizing abortion at the federal level, has progressively expanded abortion access in Mexico.

Conclusion

Acción de Inconstitucionalidad 29/2010 was a pivotal case in the evolution of reproductive rights in Mexico. While the SCJN did not establish an absolute right to abortion, the case affirmed that absolute criminalization violates constitutional proportionality principles and that states must provide access to abortion in cases of sexual violence and health risks.