Global Abortion Policies Database
A tool to expand knowledge, encourage transparency, and promote accountability.
| Country or Region | |
|---|---|
Yucatan (Mexico) |
No
Read more WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. This legal ground recognizes a woman’s free choice. Safe Abortion Guidelines, § 4.2.1.6.
|
| Country | Economic or social reasons |
Foetal impairment |
Rape |
Incest |
Intellectual or cognitive disability of the woman |
Mental health |
Physical health |
Health |
Life |
Other |
|---|---|---|---|---|---|---|---|---|---|---|
Yucatan (Mexico) |
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. WHO defines health for member states as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Safe Abortion Guidelines, § 4.2.1.5.
Additional notesThe Penal Code of Yucatan requires that abortion responds to serious and justified economical causes and that woman already has at least three children. Related documents: |
Gestational limit appliesNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. A woman is entitled to know the status of her pregnancy and to act on this information; health protection or social reasons can be interpreted to include distress of the pregnant woman caused by the diagnosis of fetal impairment. Prenatal tests and other medical diagnostic services cannot legally be refused because the woman may decide to terminate her pregnancy. Safe Abortion Guidelines, § 4.2.1.4.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
|
RapeYes Gestational limit appliesNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The protection of women from cruel, inhuman and degrading treatment requires that those who have become pregnant as the result of coerced or forced sexual acts can lawfully access safe abortion services. Prompt, safe abortion services should be provided on the basis of a woman’s complaint rather than requiring forensic evidence or police examination. Safe Abortion Guidelines, § 4.2.1.3.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
|
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The protection of women from cruel, inhuman and degrading treatment requires that those who have become pregnant as the result of coerced or forced sexual acts can lawfully access safe abortion services. Prompt, safe abortion services should be provided on the basis of a woman’s complaint rather than requiring forensic evidence or police examination. Safe Abortion Guidelines, § 4.2.1.3.
|
Intellectual or cognitive disability of the womanNo Related documents: |
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The scope of mental health includes psychological distress or mental suffering caused by, for example, coerced or forced sexual acts and diagnosis of severe fetal impairment. Safe Abortion Guidelines, § 4.2.1.2.
|
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Physical health is widely understood to include conditions that aggravate pregnancy and those aggravated by pregnancy. Safe Abortion Guidelines, § 4.2.1.2.
|
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The fulfillment of human rights requires that women can access safe abortion when it is indicated to protect their health. WHO defines health for member states as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Safe Abortion Guidelines, § 4.2.1.2.
|
Gestational limit appliesNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The human right to life requires protection by law, including when pregnancy is life-threatening or a pregnant woman’s life is otherwise endangered. Both medical and social conditions can constitute life-threatening conditions. Safe Abortion Guidelines, § 4.2.1.1.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
|
OtherNon-consensual artificial insemination. When the abortion is due to serious and justified economic causes and provided that the pregnant woman already has at least three children Related documents:Gestational limit appliesNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
Additional notesThe federal guidelines on care of the woman during pregnancy delivery and puerperium and of the newborn define abortion as “expulsion or removal of an embryo or fetus of less than 500 g in weight from its mother (weight that is reached at approximately 22 completed weeks of pregnancy) or of any other gestational product of any weight or gestational age but that is absolutely not viable.” No evidence was found to indicate that a 22 week gestational limit is applicable to lawful abortion at state level. Related documents: |
| Country | Authorization of health professional(s) |
Authorization in specially licensed facilities only |
Judicial authorization for minors |
Judicial authorization in cases of rape |
Police report required in case of rape |
Parental consent required for minors |
Spousal consent |
Ultrasound images or listen to foetal heartbeat required |
Compulsory counselling |
Compulsory waiting period |
Mandatory HIV screening test |
Other mandatory STI screening tests |
Prohibition of sex-selective abortion |
Restrictions on information provided to the public |
Restrictions on methods to detect sex of the foetus |
Other |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Yucatan (Mexico) |
Authorization of health professional(s)Yes Related documents:Number and cadre of health-care professional authorizations required
The treating physician and another physician whom the first may consult must be of the view that the woman is in danger of death unless she has an abortionif consulting a second physician is possible and the delay caused by the consultation does not increase the danger.
The opinion of physicians is needed in cases where there is sufficient reason to suppose that the product suffers genetic or congenital alterations which result in the birth of a being with serious physical or mental disorders. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by hospital authorities may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
Additional notesThe treating physician and another physician whom the first may consult must be of the view that the woman is in danger of death unless she has an abortion if consulting a second physician is possible and the delay caused by the consultation does not increase the danger. The opinion of physicians is needed in cases where there is sufficient reason to suppose that the product suffers genetic or congenital alterations which result in the birth of a being with serious physical or mental disorders. |
Authorization in specially licensed facilities onlyNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Restrictions on the range of providers or facilities that are authorized to provide abortion reduce the availability of services and their equitable geographic distribution. Safe Abortion Guidelines, § 4.2.2.4.
|
Judicial authorization for minorsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. Safe Abortion Guidelines, § 4.2.2.
Additional notesIn accordance with the federal level norm on prevention and care relating to family and sexual violence, in the case of girls under the age of 12 years who are pregnant as a result of rape, the pregnancy may be terminated following the request of the mother and/or father or, in the absence of these, of a guardian or in accordance with the applicable legal provisions. Related documents: |
Judicial authorization in cases of rapeWHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Laws, policies and practices that restrict access to abortion information and services can deter women from care seeking and create a “chilling effect” (suppression of actions because of fear of reprisals or penalties) for the provision of safe, legal services. Examples of barriers include: requiring third-party authorization from one or more medical professionals or a hospital committee, court or police, parent or guardian or a woman’s partner or spouse. Safe Abortion Guidelines, § 4.2.2
Additional notesThe federal level Norm on prevention and care relating to family and sexual violence states that in the case of pregnancy resulting from rape, the public institutions providing health care services must provide services of voluntary interruption of pregnancy following a prior written request by the affected person claiming the truthfulness her assertion that the pregnancy is a product of rape. By contrast the Operations Manual relating to the norm, dating to 2010 and not updated after the update of the Norm in 2016, states that rape victims intending to terminate pregnancy are required to report the rape to the Public Ministry and request authorization for the termination of their pregnancy from the competent authority. The Operations Manual is due to be revised following modifications to federal norm. Related documents: |
Police report required in case of rapeWHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Laws, policies and practices that restrict access to abortion information and services can deter women from care seeking and create a “chilling effect” (suppression of actions because of fear of reprisals or penalties) for the provision of safe, legal services. Examples of barriers include: requiring third-party authorization from one or more medical professionals or a hospital committee, court or police, parent or guardian or a woman’s partner or spouse. Safe Abortion Guidelines, § 4.2.2
Additional notesThe federal level Norm on prevention and care relating to family and sexual violence states that in the case of pregnancy resulting from rape, the public institutions providing health care services must provide services of voluntary interruption of pregnancy following a prior written request by the affected person claiming the truthfulness her assertion that the pregnancy is a product of rape. By contrast the Operations Manual relating to the norm, dating to 2010 and not updated after the update of the Norm in 2016, states that rape victims intending to terminate pregnancy are required to report the rape to the Public Ministry and request authorization for the termination of their pregnancy from the competent authority. The Operations Manual is due to be revised following modifications to federal norm. Related documents: |
Parental consent required for minorsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by parents may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
Additional notesIn accordance with the federal level norm on prevention and care relating to family and sexual violence, in the case of girls under the age of 12 years who are pregnant as a result of rape, the pregnancy may be terminated following the request of the mother and/or father or, in the absence of these, of a guardian or in accordance with the applicable legal provisions. Related documents: |
Spousal consentNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by a spouse may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
Additional notesIn case of abortion for foetal malformations, the Penal Code of Yucatan requires the father’s consent “if this is the case”. Related documents: |
Ultrasound images or listen to foetal heartbeat requiredNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Regulatory, policy and programmatic barriers, one example of which is the requirement for mandatory ultrasound prior to abortion, that hinder access to and timely provision of safe abortion care should be removed. Safe Abortion Guidelines, Executive Summary, Box 7 - Recommendation.
|
Compulsory counsellingNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Many women have made a decision to have an abortion before seeking care, and this decision should be respected without subjecting a woman to mandatory counselling. Provision of counselling to women who desire it should be voluntary, confidential, non-directive and by a trained person. Safe Abortion Guidelines, § 2.1.8.1.
|
Compulsory waiting periodNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. States should consider eliminating waiting periods that are not medically required, and expanding services to serve all eligible women promptly. Safe Abortion Guidelines, § 4.2.2.6.
|
Mandatory HIV screening testNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Requirements for HIV and other tests that are not clinically indicated are potential service-delivery barriers. Safe Abortion Guidelines, p 88.
|
Other mandatory STI screening testsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Requirements for HIV and other tests that are not clinically indicated are potential service-delivery barriers. Safe Abortion Guidelines, p 88.
|
Prohibition of sex-selective abortionNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. In situations where abortion is restricted for sex selection purposes, terminating a pregnancy for this reason is likely to involve an unsafe procedure carrying high risks. Any policies or guidelines on the use of technology in obstetric and fetal medicine should take into account the need to ensure women’s access to safe abortion and other services - efforts to manage or limit sex selection should also not hamper or limit access to safe abortion services. Preventing gender-biased sex selection: an interagency statement, p 10 - Recommendation.
|
Restrictions on information provided to the publicNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. States should refrain from limiting access to means of maintaining sexual and reproductive health, including censoring, withholding or intentionally misrepresenting health-related information. Safe Abortion Guidelines, § 4.2.2.7.
|
Restrictions on methods to detect sex of the foetusNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. A woman is entitled to know the status of her pregnancy and to act on this information. Prenatal tests and other medical diagnostic services cannot legally be refused because the woman may decide to terminate her pregnancy. Safe Abortion Guidelines, § 4.2.1.4.
|
Other |
| Country | National guidelines for induced abortion |
Methods allowed |
Country recognized approval (mifepristone / mife-misoprostol) |
Country recognized approval (misoprostol) |
Where can abortion services be provided |
National guidelines for post-abortion care |
Where can post abortion care services be provided |
Contraception included in post-abortion care |
Insurance to offset end user costs |
Who can provide abortion services |
Extra facility/provider requirements for delivery of abortion services |
|---|---|---|---|---|---|---|---|---|---|---|---|
Yucatan (Mexico) |
National guidelines for induced abortionYes, guidelines issued by the government WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Standards and guidelines should be developed and updated with the intent of eliminating barriers to obtaining the highest attainable standard of sexual and reproductive health. Safe Abortion Guidelines, § 3.3. Standards and guidelines should cover: types of abortion service, where and by whom they can be provided; essential equipment, instruments, medications, supplies and facility capabilities; referral mechanisms; respect for women’s informed decision-making, autonomy, confidentiality and privacy. Safe Abortion Guidelines, p. 63.
|
Methods allowedVacuum aspirationYes (12 WEEKS) Dilatation and evacuationYes (20 WEEKS) Combination mifepristone-misoprostolYes (12 WEEKS) Misoprostol onlyYes (12 WEEKS) Other (where provided)Curettage (12 WEEKS) WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Vacuum aspiration is the recommended technique of surgical abortion for pregnancies of up to 12 to 14 weeks of gestation. The procedure should not be routinely completed by dilatation and sharp curettage (D&C). Safe Abortion Guidelines, Executive Summary, Box 1- Recommendation.
Dilatation and evacuation (D&E) and medical methods (mifepristone and misoprostol; misoprostol alone) are both recommended methods for abortion for gestations over 12 to 14 weeks. Safe Abortion Guidelines, Executive Summary, Box 3- Recommendation.
The recommended method for medical abortion is mifepristone followed by misoprostol (regimen differs by gestational age). Safe Abortion Guidelines, Executive Summary, Box 2- Recommendation.
Where mifepristone is not available, the recommended method for medical abortion is misoprostol (regimen differs by gestational age). Safe Abortion Guidelines, Executive Summary, Box 2- Recommendation.
|
Country recognized approval (mifepristone / mife-misoprostol)Yes Related documents:Pharmacy selling or distributionYes, with prescription only WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The combination of mifepristone and misoprostol for medical abortion is included on the WHO model list of essential medicines. Safe Abortion Guidelines, § 2.2.5
Chemists/pharmacists can help women avoid unintended pregnancy through provision of accurate contraceptive information, pregnancy tests, contraceptive methods and referral to safe abortion services. Safe Abortion Guidelines, § 3.3.1.1.
|
Country recognized approval (misoprostol)Yes, for gynaecological indications Related documents:Misoprostol allowed to be sold or distributed by pharmacies or drug storesYes, with prescription only WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The combination of mifepristone and misoprostol for medical abortion is included on the WHO model list of essential medicines. Safe Abortion Guidelines, § 2.2.5
|
Where can abortion services be providedPrimary health-care centresNot specified
Secondary (district-level) health-care facilitiesNot specified
Specialized abortion care public facilitiesNot specified
Private health-care centres or clinicsYes Private health care institutions may provide abortion services in case of pregnancy resulting from rape. NGO health-care centres or clinicsNot specified
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Abortion services should be available at primary-care level, with referral systems in place for all required higher-level care. Safe Abortion Guidelines, Executive Summary, Box 6- Recommendation.
|
National guidelines for post-abortion careYes, guidelines issued by the government WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Standards and guidelines should be developed and updated with the intent of eliminating barriers to obtaining the highest attainable standard of sexual and reproductive health. Safe Abortion Guidelines, § 3.3. Standards and guidelines should cover: types of abortion service, where and by whom they can be provided; essential equipment, instruments, medications, supplies and facility capabilities; referral mechanisms; respect for women’s informed decision-making, autonomy, confidentiality and privacy. Safe Abortion Guidelines, p. 63.
|
Where can post abortion care services be providedPrimary health-care centresNo Secondary (district-level) health-care facilitiesYes Specialized abortion care public facilitiesNot specified
Private health-care centres or clinicsNot specified
NGO health-care centres or clinicsNot specified
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The facilities and skills required to manage most abortion complications are similar to those needed to care for women who have had a spontaneous abortion (miscarriage). Safe Abortion Guidelines § 2.2.6.
|
Contraception included in post-abortion careYes WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. All women should receive contraceptive information and be offered counselling for and methods of post-abortion contraception, including emergency contraception, before leaving the health-care facility. Safe Abortion Guidelines, § 2.3.
|
Insurance to offset end user costsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Financing of abortion services should take into account costs to the health system while ensuring that services are affordable and readily available to all women who need them. Safe Abortion Guidelines, Executive Summary, Box 6 - Recommendation. Abortion services should be mandated for coverage under insurance plans; women should never be denied or delayed because of the inability to pay. Safe Abortion Guidelines, § 3.6.2.
Additional notesIn accordance with the Victims Law, public federal hospital institutions, federal entities and municipalities have the obligation to provide immediate emergency care including voluntary interruption of pregnancy in the circumstances allowed by law and care for sexual and reproductive rights to victims who require it, regardless of their socioeconomic capacity or nationality and without requiring a prior condition for their admission. For this purpose, “victims” are defined as “natural persons who have suffered any economic, physical, mental, emotional damage or impairment, or in general any endangerment or injury to their legal rights or rights as a result of the commission of a crime or violations of their rights recognized in the Constitution and in the International Treaties of which Mexico is a State party. Related documents: |
Who can provide abortion servicesRelated documents:
NurseNot specified
Midwife/nurse-midwifeNot specified
Doctor (specialty not specified)Not specified
Specialist doctor, including OB/GYNNot specified
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Subject to gestational age and method, abortion care can be safely provided by any properly trained health-care provider, including specialist doctors, non-specialist doctors; associate and advanced associate clinicians; midwives; and nurses. Health Worker Roles in Safe Abortion Care, p 33- Recommendation.
|
Extra facility/provider requirements for delivery of abortion servicesReferral linkages to a higher-level facilityNot specified
Availability of a specialist doctor, including OB/GYNNot specified
Minimum number of bedsNot specified
Other (if applicable)WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Abortion facilities within both the public and private sectors should be available at all levels of the health system, with appropriate referral mechanisms between facilities. Safe Abortion Guidelines, § 3.3.1.
|
| Country | Public sector providers |
Private sector providers |
Provider type not specified |
Neither Type of Provider Permitted |
Public facilities |
Private facilities |
Facility type not specified |
Neither Type of Facility Permitted |
|---|---|---|---|---|---|---|---|---|
Yucatan (Mexico) |
Public sector providersYes Individual health-care providers who have objected are required to refer the woman to another providerYes WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesWhen the life of the patient is at risk or in the case of an emergency, conscientious objection cannot be invoked. |
Private sector providersNo Individual health-care providers who have objected are required to refer the woman to another providerYes WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesWhen the life of the patient is at risk or in the case of an emergency, conscientious objection cannot be invoked. |
Provider type not specifiedNo Individual health-care providers who have objected are required to refer the woman to another providerYes WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesWhen the life of the patient is at risk or in the case of an emergency, conscientious objection cannot be invoked. |
Neither Type of Provider PermittedNo Individual health-care providers who have objected are required to refer the woman to another providerYes WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesWhen the life of the patient is at risk or in the case of an emergency, conscientious objection cannot be invoked. |
Public facilitiesNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesAccording to federal norm on prevention and care relating to family and sexual violence states, public health care institutions must have trained doctors and nurses on staff who are not conscientious objectors. If, at the time of a woman requesting care, the service cannot be provided in a timely and appropriate manner, the client should be immediately referred to a health unit that has the requisite type of staff and quality care infrastructure. Related documents: |
Private facilitiesNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesAccording to federal norm on prevention and care relating to family and sexual violence states, public health care institutions must have trained doctors and nurses on staff who are not conscientious objectors. If, at the time of a woman requesting care, the service cannot be provided in a timely and appropriate manner, the client should be immediately referred to a health unit that has the requisite type of staff and quality care infrastructure. Related documents: |
Facility type not specifiedNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesAccording to federal norm on prevention and care relating to family and sexual violence states, public health care institutions must have trained doctors and nurses on staff who are not conscientious objectors. If, at the time of a woman requesting care, the service cannot be provided in a timely and appropriate manner, the client should be immediately referred to a health unit that has the requisite type of staff and quality care infrastructure. Related documents: |
Neither Type of Facility PermittedNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesAccording to federal norm on prevention and care relating to family and sexual violence states, public health care institutions must have trained doctors and nurses on staff who are not conscientious objectors. If, at the time of a woman requesting care, the service cannot be provided in a timely and appropriate manner, the client should be immediately referred to a health unit that has the requisite type of staff and quality care infrastructure. Related documents: |
Concluding Observations issued by respective treaty bodies and selected extracts related to abortion.
| Country | CAT |
CEDAW |
CERD |
CESCR |
CRC |
CRPD |
HRC |
IE HAIT |
SR HEALTH |
SR TORTURE |
SR VAW |
WG-DWLP |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
Mexico |
|
CEDAW“The Committee reiterates its previous concerns (CEDAW/C/MEX/CO/7-8, para. 30) and takes note of the State party’s efforts to strengthen and harmonize the General Victims Act at the federal and state levels in relation to abortion in cases of rape, as well as the introduction of a national strategy for the prevention of adolescent pregnancy. It is concerned, however, about the following: (a)Provisions in criminal legislation at the state level that restrict access to legal abortion and that continue to force women and girls to resort to unsafe abortion at the risk of their health and life; (b)Inconsistencies between the state criminal codes that hinder the effective implementation of article 35 of the General Victims Act and Mexican official standard NOM-046-SSA2-2005 on domestic and sexual violence and violence against women, which legalizes abortion in case of rape; (c)Amendments made in 2018 to the General Health Act that provide for conscientious objection by health personnel and may constitute barriers for women in gaining access to safe abortion and emergency contraception, especially in rural and remote areas; (…) In line with its general recommendation No. 24 (1999) on women and health, the Committee recommends that the State party: (a) Increase efforts to accelerate the harmonization of federal and state laws and protocols on abortion, with a view to guaranteeing access to legal abortion and ensuring access to post-abortion care services irrespective of whether abortion has been legalized; (b) Harmonize relevant federal and state laws with the General Victims Act and Mexican official standard NOM-046-SSA2-2005 on domestic and sexual violence and violence against women and adequately inform and train medical personnel so as to ensure specialized attention for women and girls who are victims of sexual violence, including the provision of essential services for emergency contraception and abortion; (c) Develop the protocols necessary for the implementation of the amendments to the General Health Act, which permit conscientious objection as long as it doesn’t place the life of the mother at risk and does not impede women and girls from gaining access to legal abortion, and ensure that in such cases women and girls are referred to another appropriate provider; (…)”
“The Committee notes the State party’s federal legislative advances, such as the constitutional reform on human rights (2011). However, it is concerned that the different levels of authority and competences within the State party’s federal structure result in a differentiated application of the law depending on whether or not appropriate harmonization of the relevant legislation has been conducted at the state level, such as with respect to the principle of non-discrimination and equality between men and women. The Committee notes with concern that this situation results in discriminatory provisions against women or to different definitions and sanctions related to, inter alia, rape, abortion, forced disappearances, trafficking, injuries and homicide for reasons of so-called honour, as well as on adultery across the 32 states of the State party. It is further concerned about the lack of consistent harmonization of the State party’s legislation, for example, civil, penal and procedural laws at the federal and state level, with the General Act and/or local laws on women’s access to a life free of violence and with the Convention. It is concerned about the lack of effective mechanisms to implement and monitor the laws on women’s access to a life free of violence and relevant legislation and regulations related to women’s access to health-care services and education. (....) The Committee urges the federal authorities of the State party: (a) To take the measures necessary to ensure, particularly through effective coordination, the coherent and consistent harmonization of the relevant legislation at all levels with the constitutional reforms on human rights (2011) and of the criminal justice system (2008); (b) To take the necessary actions to eliminate the inconsistencies in the legal frameworks among the federal, state and municipal levels, including by integrating in relevant state and municipal legislation the principle of non ‑ discrimination and equality between men and women and by repealing discriminatory provisions against women, in line with article 2 (g) of the Convention, and by providing consistent definitions and sanctions, related to, inter alia, rape, abortion, forced disappearances, trafficking, injuries and homicide for reasons of so-called honour, as well as on adultery; (…) The Committee notes that abortion is decriminalized in Mexico City and that in the rest of the country, abortion is legal in cases of rape. It also notes inconsistencies with respect to other legal grounds for abortion in the legal frameworks of the 32 states. It is concerned that women’s enjoyment of their sexual and reproductive health and rights, including access to legal abortion, have been jeopardized as a result of the amendments in local constitutions that protect life from the moment of conception, even though those amendments have not modified the already established legal grounds for abortion. It is further concerned about cases of women who have been denied access to legal abortion, even when they fulfil the restrictive legal criteria, and who have been reported to the judicial authorities by medical care providers and social workers and consequently sentenced to long prison terms on grounds of infanticide or murder. The Committee urges the State party: (a) To harmonize the federal and state legislations relating to abortion with a view to eliminating the obstacles faced by women seeking legal abortions and also to extend access to legal abortion in the light of the constitutional human rights reform and the Committee’s general recommendation No. 24 (1999); (b) To inform medical care providers and social workers that the local constitutional amendments have not repealed the grounds for legal abortion and also inform them of their responsibilities; (c) To ensure that in all states, women whose cases fall under any of the legal grounds for abortion have access to safe health-care services, and ensure the proper implementation of the Mexican Official Standard NOM-046-SSA2-2005, in particular access of women victims of rape to emergency contraception, abortion and the treatment of sexually transmitted diseases and HIV/AIDS.”
“The Committee remains concerned about the level of maternal mortality rates, particularly those of indigenous women, which are a consequence of the insufficient coverage of, and access to, health services, including sexual and reproductive health care. The Committee notes with concern that abortion remains one of the leading causes of maternal deaths and that, in spite of the legalization of abortion in specific cases, women do not have access to safe abortion services and to a wide range of contraceptive measures, including emergency contraception. The Committee is also concerned about the insufficient efforts to prevent teenage pregnancies. The Committee urges the State party to expand the coverage of health services, including reproductive health care and family planning services, and to address the obstacles that prevent women from having access to such services. The Committee also recommends that sex education be widely promoted and provided, targeting men and women and adolescent boys and girls. The Committee requests the State party to harmonize legislation pertaining to abortion at the federal and state levels. The Committee urges the State party to implement a comprehensive strategy which should include the provision of effective access to safe abortion in situations provided for under the law and a wide range of contraceptive measures, including emergency contraception, measures to raise awareness about the risks of unsafe abortions and nationwide sensitization campaigns about women’s human rights, targeting in particular health personnel, as well as the general public.”
|
|
CESCR"The Committee recommends that the State party: (a) Harmonize legislation on the voluntary termination of pregnancy and do away with the criminalization of women in the federative entities where abortion is a crime in order to make the legislation compatible with other women ’ s rights, including the right to health, with a view to ensuring that all women have equal access to sexual and reproductive health services, particularly the voluntary termination of pregnancy; (...)"
“The Committee is concerned about the high rate of maternal mortality caused by unsafe abortions, in particular as regards girls and young women, about reports on obstruction of access to legal abortion after rape, e.g. by misinformation, lack of clear guidelines, abusive behaviour directed at pregnant rape victims by public prosecutors and health personnel, and legal impediments in cases of incest, and about the lack of access to reproductive health services and education, especially in rural areas and in indigenous communities. The Committee recommends to the State party to ensure and monitor the full access of rape victims to legal abortion, to implement the Equal Start in Life Programme in all of its states, to ensure full access by everyone, especially by girls and young women, to reproductive health services and education, especially in rural areas and in indigenous communities, and to allocate sufficient resources for these purposes.”
|
CRC“The Committee notes the adoption in 2015 of the National Strategy to Prevent Adolescent Pregnancies. However, it is concerned about: (a) The increasing rate of adolescent pregnancies from 12 years of age, often resulting from sexual violence; (b) The high rate of maternal mortality among adolescents as a result of inadequate access to sexual and reproductive health services and information, as well as a low use of contraceptives; (c) Restrictive laws on abortion in the majority of the states, forcing girls to resort to unsafe abortion at the risk of their health and life; […]the Committee recommends that the State party: […] (c) Review and harmonize the federal and state legislations with a view to decriminalizing abortion and ensuring access to legal abortion at least in cases of rape, incest and danger to the life and health of the girl, and ensure that gaining access to legal abortion does not require special authorization from a judge or prosecutor. The State party should ensure access to post-abortion care services, irrespective of whether abortion itself is legal. It should also guarantee the best interests of pregnant adolescents and ensure that the views of the child are always heard and respected in abortion decisions by medical personnel;..”
|
CRPD“The Committee is concerned at the lack of community mental health services. It is further concerned by restrictions on the right of women with disabilities to safely access sexual and reproductive health services and by the pressure to undergo an abortion when they become pregnant.”
|
HRC“The Committee is concerned that, despite Federal Norm 046 (NOM-046), issued by the Ministry of Health, and the Supreme Court’s ruling on the constitutionality of the decriminalization of abortion in 2008, abortion is still illegal in all circumstances under the constitutions of many states (articles 2, 3, 6 and 26 of the Covenant). The State party should bring the abortion laws in all states into line with the Covenant and ensure the application of Federal Norm 046 (NOM-046) throughout its territory. It should also take measures to help women avoid unwanted pregnancies so that they do not have to resort to illegal or unsafe abortions that could put their lives at risk (article 6 of the Covenant).”
|
|
|
SR TORTURE"El Relator ha recibido información positiva por parte del Estado sobre la modificación de la Norma Oficial Mexicana sobre violencia familiar, sexual y contra las mujeres NOM-046-SSA2-2005. Ahora las autoridades sanitarias no deben exigir a las víctimas de violación una autorización judicial o denuncia previa para acceder a un aborto; basta con la presentación de una solicitud por escrito en la que señale bajo protesta de decir verdad que el embarazo fue producto de una violación sexual. Sin embargo, todavía existen 13 entidades federativas en las quesu Código Penal local establece el requisito de la autorización, y otras 13 que requieren la denuncia previa. Además, preocupa que las normas que protegen la vida desde la concepción generen obstáculos para la aplicación de esta norma y limiten el acceso de las mujeres a los servicios de salud. La implementación de esta nueva Norma Oficial Mexicana debe ser efectiva a nivel estatal."
|
SR VAW“Also a matter of concern are reports of sluggish and unprofessional investigations into rape cases that often lead to illegal, unsafe abortions endangering the reproductive health and life of the women. Reportedly, abortion-related death is the fourth highest cause of death for women in Mexico. Abortion laws differ from state to state, but generally speaking, rape constitutes a ground for legal abortion within the first months of the pregnancy. However, police often fail to promptly investigate rape cases making it difficult for victims to obtain a certificate in a timely manner to allow health institutions to carry out an abortion. In addition, the physician may reportedly refuse to carry out the abortion on the grounds that it is “immoral”. The Special Rapporteur was informed about the case of Paulina, who was raped and became pregnant at age 13. Despite a judicial order to perform an abortion, the doctor responsible first refused and then convinced her parents that they would bear responsibility in case Paulina died or became sterile due to the abortion.“
|
|
Country specific information regarding abortion related penalties. Information regarding penalties has been presented in English only; this information is not based on an official translation. Please review the source documents provided.
| Country | Penalties deconstructed |
Penalties for woman |
Penalties for provider |
Penalties for person who assists |
Secondary additional considerations/judicial discretion |
Penalties for non-consensual abortion and or negligence |
|---|---|---|---|---|---|---|
Mexico (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesSee individual state penalties WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesSee individual state penalties WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesSee individual state penalties WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesSee individual state penalties |
PenaltiesSee individual state penalties WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
Aguascalientes (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesPenal Code ARTICLE 101.- Malicious abortion. Malicious abortion is the death of the product of conception at any time of pregnancy. The person responsible for the miscarriage will be subject to a penalty of 1 to 3 years and a fine of 40 to 80 days, and to the full payment of the compensation for the damages caused, when it is carried out by the pregnant woman or by another person with the consent of the pregnant woman, taking into account the rules of authorship, participation and complicity. ... If the pregnant woman consents that another person perform a malicious abortion on her person, she will be subject to 6 months to 1 year in prison and a fine of 40 to 80 days, and to full payment of the compensation for the damages caused. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesPenal Code ARTICLE 101.- Malicious abortion. Malicious abortion is the death of the product of conception at any time of pregnancy. The person responsible for the miscarriage will be subject to a penalty of 1 to 3 years and a fine of 40 to 80 days, and to the full payment of the compensation for the damages caused, when it is carried out by the pregnant woman or by another person with the consent of the pregnant woman, taking into account the rules of authorship, participation and complicity. When the consent of the pregnant woman is lacking, the prison term will be from 3 to 6 years and the fine from 70 to 120 days, and to the total payment of the reparation of the damages and prejudices caused; if there is physical or moral violence against the pregnant woman, the person responsible is punishable with 6 to 8 years in prison and a fine of 80 to 150 days, and the full payment of the compensation for the damages caused will be imposed. If the pregnant woman consents that another person perform a malicious abortion on her person, she will be subject to 6 months to 1 year in prison and a fine of 40 to 80 days, and to full payment of the compensation for the damages caused. ARTICLE 102.- Suspension in case of abortion. When the malicious abortion is performed by a doctor, surgeon or midwife, in addition to the punishability established in the preceding Article, he will be suspended from 2 to 5 years in the exercise of his profession or trade. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
|
PenaltiesNone found |
PenaltiesPenal Code ARTICLE 101.- Malicious abortion. Malicious abortion is the death of the product of conception at any time of pregnancy. ... When the consent of the pregnant woman is lacking, the prison term will be from 3 to 6 years and the fine from 70 to 120 days, and to the total payment of the reparation of the damages and prejudices caused; if there is physical or moral violence against the pregnant woman, the person responsible is punishable with 6 to 8 years in prison and a fine of 80 to 150 days, and the full payment of the compensation for the damages caused will be imposed. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
Baja California (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesPenal Code ARTICLE 132.- Concept.- For the purposes of this Code, abortion is the death of the product of conception at any time of pregnancy. ARTICLE 133.- Self-abortion and consented abortion.- A woman who procures an abortion or consents to someone else having an abortion, will be subject to one to five years in prison, the same penalty will be applied to the person who makes a woman abort with her consent. ARTICLE 136.- Abortion not punishable.- Abortion shall not be punishable: I.- Wrongful abortion.- When it is the result of a culpable behavior of the pregnant woman; WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesPenal Code ARTICLE 132.- Concept.- For the purposes of this Code, abortion is the death of the product of conception at any time of pregnancy. ARTICLE 133.- Self-abortion and consented abortion.- A woman who procures an abortion or consents to someone else having an abortion, will be subject to one to five years in prison, the same penalty will be applied to the person who makes a woman abort with her consent. ARTICLE 135.- Additional penalty for abortion caused by a doctor or auxiliary.- If the abortion is provoked by a doctor, surgeon, midwife, nurse or practitioner, he will be sentenced to three to ten years in prison and will also be suspended from two to five years in the exercise of his profession. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
|
PenaltiesNone found |
PenaltiesPenal Code ARTICLE 132.- Concept.- For the purposes of this Code, abortion is the death of the product of conception at any time of pregnancy. ARTICLE 134.- Abortion suffered.- Anyone who causes a woman to have an abortion without her consent, shall be subject to three to eight years of imprisonment, and if physical or moral violence occurs, from four to ten years. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
Baja California Sur (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesPenal Code Article 151. Concept of abortion. Abortion is the death of the product of conception at any time during pregnancy. Article 155. Voluntary abortion. A woman who voluntarily practices her abortion will be subject to six months to two years in prison or work on behalf of the community for up to two hundred days. In this case, the crime of abortion will only be sanctioned when it has been consummated. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesPenal Code Article 151. Concept of abortion. Abortion is the death of the product of conception at any time during pregnancy. Article 152. Abortion with consent. Whoever makes a woman abort with prior her consent will be subject to six months to two years in prison or work on behalf of the community for up to two hundred days. Article 153. Abortion without consent. Whoever makes a woman abortion without her consent will be subject to three to eight years in prison. If physical or moral violence is used the the person will be subject to six to nine years in prison. Article 154. Specific abortion. If the abortion is caused by a surgeon, midwife or midwife, nurse or practitioner, in addition to the legal consequences that correspond to him under this chapter, he will be suspended for twice the time of the prison sentence imposed in the exercise of his profession or trade. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
|
PenaltiesNone found |
PenaltiesPenal Code Article 151. Concept of abortion. Abortion is the death of the product of conception at any time during pregnancy. Article 153. Abortion without consent. Whoever makes a woman abortion without her consent will be subject to three to eight years in prison. If physical or moral violence is used the the person will be subject to six to nine years in prison. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
Campeche (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesPenal Code Article 155.- Abortion is the interruption of pregnancy at any time of its development. Pregnancy is understood as the period between the implantation in the endometrium of the fertilized ovum and the moment of delivery. Twenty-four to seventy-two days of community work will be imposed on women who voluntarily have an abortion before twelve weeks of pregnancy. The same sanction will be imposed on the person who induces a woman to abort or who participates in an abortion or executes it, with the consent of the woman, whatever the means employed, before twelve weeks of pregnancy. Article 156.- Women who have an abortion after twelve weeks of pregnancy will be subject to six months to two years in prison. The same sanction will be imposed on the person who induces a woman to abort or who participates in an abortion or executes it, with the consent of the woman, whatever means employed, after twelve weeks of pregnancy. For the purposes of this article and the previous article, the offense will only be sanctioned when the abortion has been consummated. Article 159.- They are considered as excluding criminal responsibility in the crime of abortion: I. When it is the result of imprudent conduct of the pregnant woman. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesPenal Code Article 155.- Abortion is the interruption of pregnancy at any time of its development. Pregnancy is understood as the period between the implantation in the endometrium of the fertilized ovum and the moment of delivery. Twenty-four to seventy-two days of community work will be imposed on women who voluntarily have an abortion before twelve weeks of pregnancy. The same sanction will be imposed on the person who induces a woman to abort or who participates in an abortion or executes it, with the consent of the woman, whatever the means employed, before twelve weeks of pregnancy. Article 156.- Women who have an abortion after twelve weeks of pregnancy will be subject to six months to two years in prison. The same sanction will be imposed on the person who induces a woman to abort or who participates in an abortion or executes it, with the consent of the woman, whatever means employed, after twelve weeks of pregnancy. For the purposes of this article and the previous article, the offense will only be sanctioned when the abortion has been consummated. Article 158.- If the abortion is caused by a surgeon, midwife or midwife, nurse or practitioner, in addition to the sanctions under the previous articles, the person will be suspended for a time equal to the penalty imposed in the exercise of his profession or trade. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesPenal Code Article 155.- Abortion is the interruption of pregnancy at any time of its development. Pregnancy is understood as the period between the implantation in the endometrium of the fertilized ovum and the moment of delivery. Twenty-four to seventy-two days of community work will be imposed on women who voluntarily have an abortion before twelve weeks of pregnancy. The same sanction will be imposed on the person who induces a woman to abort or who participates in an abortion or executes it, with the consent of the woman, whatever the means employed, before twelve weeks of pregnancy. Article 156.- Women who have an abortion after twelve weeks of pregnancy will be subject to six months to two years in prison. The same sanction will be imposed on the person who induces a woman to abort or who participates in an abortion or executes it, with the consent of the woman, whatever means employed, after twelve weeks of pregnancy. For the purposes of this article and the previous article, the offense will only be sanctioned when the abortion has been consummated. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesNone found |
PenaltiesPenal Code Article 157.- Anyone who obliges aborting a woman, by any means, will be subject to four to seven years in prison. Whoever participates in an abortion or executes the same, without the consent of the woman, will be subject to three to six years in prison. In this last case, if physical or psychological violence has been used, the perpetrator will be subject to five to eight years in prison. For the purposes of this article, if the abortion is not consummated for reasons beyond the control of the perpetrator, a third of the sanctions provided in each case will be imposed. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
Chiapas (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesPenal Code Article 183.- A woman who voluntarily practices or consents to an abortion, will be sanctioned in terms of the provisions of article 70 of this Code. Article 70.- A woman who voluntarily consents to an abortion will be subject to comprehensive care with a gender perspective whenever she requests it. To this end, the authority that has knowledge of the request must channel the petitioner to the institutions that are indicated for this purpose in the Law of Access to a Life Free of Violence for Women in the State of Chiapas. In integral care procedures, the execution of acts of discrimination or the incorporation of gender stereotypes, or any act that violates the human dignity of women is prohibited. The treatments indicated in this article may not exceed the duration of the sentence imposed for the offense committed, and if the penalty imposed did not result in deprivation or restriction of freedom, the treatment shall not exceed two years. In cases of abortion, those responsible for comprehensive care must base the corresponding treatment term. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesPenal Code Article 178.- The crime of abortion is committed by the person who, at any moment of pregnancy, causes the death of the product of conception even if it occurs outside the mother's womb, as a result of the conduct carried out. Article 179.- Surgeons, midwives, midwives, nurses and other persons who intervene in the practice of abortion, with the consent of the woman or induce her to grant it, will be sanctioned from 1 to 3 years in prison, with suspension of the profession, position or office, for the duration of the sentence. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
|
PenaltiesNone found |
PenaltiesPenal Code Article 180.- For surgeons, midwives, midwives, nurses and other persons involved in the practice of abortion, without the consent of the woman or without the consent of the parents or guardians of a minor, the sanction shall be 3 to 6 years and if physical or moral violence was used, 6 to 8 years in prison, with suspension of the profession, position or office, for the term of the duration of the sentence. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
Chihuahua (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesPenal Code Article 145 Six months to three years in prison will be imposed on a woman who voluntarily practices an abortion or consents to someone else causing her to have an abortion. In this case, the crime of abortion will only be sanctioned when it has been consummated. Article 146 They are considered as excluding criminal responsibility in the crime of abortion: III. When the pregnancy is the result of imprudent conduct of the pregnant woman. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesPenal Code Article 143 Abortion is the death of the product of conception at any time during pregnancy. Whoever causes a woman to abort will be subject to six months to three years in prison, whatever means employed, provided that she consented. When there is no consent, the prison will be three to six years. If physical or moral violence was used the term will be six to eight years in prison. Article 144 If the abortion is caused by a surgeon, midwife or midwife, nurse or practitioner, in addition to the corresponding sanctions according to the previous article, the person will be suspended for a time equal to the prison term imposed in the exercise of their profession or job. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
|
PenaltiesNone found |
PenaltiesArticle 143 Abortion is the death of the product of conception at any time during pregnancy. Whoever causes a woman to abort will be subject to six months to three years in prison, whatever means employed, provided that she consented. When there is no consent, the prison will be three to six years. If physical or moral violence was used the term will be six to eight years in prison. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
Coahuila (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesPenal Code Article 196 (Self-prosecuted or consented abortion) One to three years of imprisonment shall be imposed on a woman who voluntarily practices her abortion … Article 199 (Non-punishable abortion) A penalty of abortion will be excused and will not be prosecuted: IV. (Guilt of the pregnant woman) When the abortion is a consequence of the culpable behavior of the pregnant woman. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesPenal Code Article 195 (Abortion for criminal purposes) He commits an abortion who causes the death of the product of conception at any time during pregnancy. Article 196 (Self-prosecuted or consented abortion) One to three years of imprisonment shall be imposed on a woman who voluntarily practices her abortion or on the person who causes her to abort with her consent. Article 197 (Abortion not consented or forced) Anyone who willfully causes the abortion to a woman without her consent, will be subject to three to eight years of imprisonment and a fine. Six to thirteen years of imprisonment and a fine shall be imposed on anyone who causes the abortion through physical violence exercised against the woman for that purpose, or exerts such violence or psycho-emotional coercion upon another person who influences the woman, so that the abortion or tolerate its being caused, if it occurs. If in any of the cases of this article or the preceding one, the agent causes one or more injuries to the woman by virtue of the abortion that he caused intentionally, or infers one or more injuries by the physical violence exerted on another person for that purpose, such injuries must refer to those provided in sections I and II of Article 200 of this code, and if any of them is of those provided for in sections III to VIII of the aforementioned Article 200, the rule of the contest of crimes that applies . Article 198 (Suspension of rights to certain people who cause abortion) If the intentional abortion, whether or not it is consented or forced, is committed by a doctor or doctor, midwife or midwife, nurse or nurse practitioner, in addition to the penalties under this chapter, the person will be suspended. from two to six years from the exercise of their profession, trade or practice. If the doctor or doctor, midwife or midwife, nurse or nurse, or medical or nursing practitioner only helped to commit the fraudulent abortion that occurs, they will be suspended from six months to two years in the exercise of their profession, trade or practice indicated. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesPenal Code Article 198 (Suspension of rights to certain people who cause abortion) If the intentional abortion, whether or not it is consented or forced, is committed by a doctor or doctor, midwife or midwife, nurse or nurse practitioner, in addition to the penalties under this chapter, the person will be suspended. from two to six years from the exercise of their profession, trade or practice. If the doctor or doctor, midwife or midwife, nurse or nurse, or medical or nursing practitioner only helped to commit the fraudulent abortion that occurs, they will be suspended from six months to two years in the exercise of their profession, trade or practice indicated. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesNone found |
PenaltiesPenal Code Article 197 (Abortion not consented or forced) Anyone who willfully causes the abortion to a woman without her consent, will be subject to three to eight years of imprisonment and a fine. Six to thirteen years of imprisonment and a fine shall be imposed on anyone who causes the abortion through physical violence exercised against the woman for that purpose, or exerts such violence or psycho-emotional coercion upon another person who influences the woman, so that the abortion or tolerate its being caused, if it occurs. If in any of the cases of this article or the preceding one, the agent causes one or more injuries to the woman by virtue of the abortion that he caused intentionally, or infers one or more injuries by the physical violence exerted on another person for that purpose, such injuries must refer to those provided in sections I and II of Article 200 of this code, and if any of them is of those provided for in sections III to VIII of the aforementioned Article 200, the rule of the contest of crimes that applies. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
Colima (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesPenal Code ARTICLE 138. The crime of abortion commits the person who causes the death of the product of conception at any time of pregnancy. ARTICLE 140. A woman who procures or consents to an abortion shall be subject to two to four years of imprisonment and a fine equivalent to fifty to sixty units of measurement and updating. ARTICLE 141. The crime of abortion shall not be punishable: I. When it is caused culpably by the pregnant woman; WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesPenal Code ARTICLE 138. The crime of abortion commits the person who causes the death of the product of conception at any time of pregnancy. ARTICLE 139. Those who, without being authorized by law, cause a woman to abort with her consent shall be sentenced to three to five years' imprisonment and a fine equivalent to four hundred to seven hundred units of measurement and updating. When consent is lacking, the prison term will be from five to eight years, and a fine of the equivalent to seven hundred to one thousand units of measurement and updating; and if there is physical or moral violence, a penalty of eight to ten years in prison and a fine of eight hundred to one thousand ARTICLE 142. If the punishable abortion is caused by a doctor, nurse or midwife, in addition to the sanctions provided for, suspension from three to seven years in the exercise of their profession or activity and the deprivation of this in case of habit will be imposed. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
|
PenaltiesNone found |
PenaltiesPenal Code ARTICLE 139. When consent is lacking, the prison term will be from five to eight years, and a fine of the equivalent to seven hundred to one thousand units of measurement and updating; and if there is physical or moral violence, a penalty of eight to ten years in prison and a fine of eight hundred to one thousand two hundred units of measurement and updating shall be imposed. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
Durango (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesPenal Code Article 150. One to three years in prison and a fine of seventy-two to two hundred and sixteen times the Unit of Measurement and Updating shall be imposed on the woman who gives death to the product of her own conception or consents to the fact that someone else gives it to her. Causes of exclusion from criminal responsibility for the death of the product of conception are: I. When that is the result of a culpable behavior of the pregnant woman. In this case, the corresponding notice must be given to the Public Ministry; WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesPenal Code Article 148. The person who commits the crime of abortion is someone who causes the death of the product of conception at any time during pregnancy and the following penalties shall be imposed: I. One to five years in prison and a fine of seventy-two to three hundred and sixty times the Unit of Measurement and Updating, if it is done with the consent of the pregnant woman; II. From three to eight years in prison and fine (sic) two hundred and eighty-eight to five hundred and sixty-six times the Measurement and Update Unit, if it is done without the consent of the pregnant woman. Article 149. If the abortion is caused by a doctor, surgeon, nurse, nurse, midwife, midwife or midwife, in addition to the penalties that correspond according to the previous article, they will be suspended from three to five years in the exercise of their profession. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
|
PenaltiesNone found |
PenaltiesPenal Code Article 148. The person who commits the crime of abortion is someone who causes the death of the product of conception at any time during pregnancy and the following penalties shall be imposed: II. From three to eight years in prison and fine (sic) two hundred and eighty-eight to five hundred and sixty-six times the Measurement and Update Unit, if it is done without the consent of the pregnant woman. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
Estado de Mexico (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesPenal Code Article 250.- A woman who gives death to the product of her own conception or consents to another person doing so will be sentenced with one to three years in prison. If she does so to conceal his dishonour, she will be sentenced with six months to two years in prison. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesArticle 248.- Anyone who causes the death of the product of conception at any time during intrauterine pregnancy shall be subject to: [...] II. From one to five years in prison and from thirty to two hundred days fine, if it is done with the consent of the woman; III. Three to eight years in prison and fifty to three hundred days fine if physical or moral violence is used. Article 249.- If the abortion is caused by a surgeon or midwife, in addition to the sanctions that correspond to him/her according to the previous article, he/she will be suspended from three to six years in the exercise of his/her profession, in case of recidivism the suspension will be twenty years. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
|
PenaltiesNone found |
PenaltiesArticle 248.- Anyone who causes the death of the product of conception at any time during intrauterine pregnancy shall be subject to: I. Three to eight years in prison and a fine of fifty to four hundred days, if it is done without the consent of the pregnant woman; [...] WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
Guanajuato (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesPenal Code Article 158. Abortion is the death caused by the product of conception at any time of pregnancy. Article 159.- A woman who provokes or consents to her abortion shall be subject to a fine of six months to three years in prison and a fine of five to thirty days. Article 163.- Abortion is not punishable when it is caused by the fault of the pregnant woman… WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesPenal Code Article 158. Abortion is the death caused by the product of conception at any time of pregnancy. Article 160.- Whoever causes an abortion with the consent of the woman will be subject to one to three years in prison and ten to thirty days fine. Article 161 .- Whoever causes abortion without the consent of the woman will be subject to four to eight years in prison and forty to eighty days fine. Article 162.- If a doctor, midwife or nurse participates in the abortion referred to in the two previous articles, he or she shall also be suspended in the exercise of his or her profession or activity for a time equal to the sanction of deprivation of liberty imposed. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
|
PenaltiesNone found |
PenaltiesPenal Code Article 158. Abortion is the death caused by the product of conception at any time of pregnancy. Article 161 .- Whoever causes abortion without the consent of the woman will be subject to four to eight years in prison and forty to eighty days fine. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
Guerrerro (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesPenal Code Article 154. Concept of abortion - Abortion is the death of the product of conception at any time during pregnancy. Article 158. Voluntary abortion - A woman who voluntarily practices an abortion or consents to having another cause her abortion will be subject to one to three years in prison. In this case, the crime of abortion will only be sanctioned if it has been consummated. The judicial authority may impose up to one third of the penalty provided for in this article, taking into consideration, in addition to the provisions of article 74, the woman's state of health, her education and other personal conditions, the circumstances in which the conception, the time that the pregnancy lasted, the position and condition of gender, and in general, all the elements that lead to an equitable resolution of the matter. Article 159. Exclusions of specific responsibility - Criminal liability for the crime of abortion is excluded in the following cases: IV. When it is the result of a culpable behavior of the pregnant woman. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesPenal Code Article 154. Concept of abortion - Abortion is the death of the product of conception at any time during pregnancy. Article 155. Abortion with consent - Whoever aborts a woman with her consent will be subject to one to three years in prison. Article 156. Abortion without consent - Whoever aborts a woman without her consent will be subject to three to eight years in prison. If physical or moral violence is used, the person will be subject to six to nine years in prison. Article 157. Specific abortion - If the abortion is caused by a surgeon, midwife or midwife, nurse or practitioner, in addition to the legal consequences that correspond to him under this chapter, he will be suspended for the time of the prison sentence imposed in the exercise of his profession or trade. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
|
PenaltiesPenal Code Article 158. Voluntary abortion - A woman who voluntarily practices an abortion or consents to having another cause her abortion will be subject to one to three years in prison. In this case, the crime of abortion will only be sanctioned if it has been consummated. The judicial authority may impose up to one third of the penalty provided for in this article, taking into consideration, in addition to the provisions of article 74, the woman's state of health, her education and other personal conditions, the circumstances in which the conception, the time that the pregnancy lasted, the position and condition of gender, and in general, all the elements that lead to an equitable resolution of the matter. |
PenaltiesPenal Code Article 154. Concept of abortion - Abortion is the death of the product of conception at any time during pregnancy. Article 156. Abortion without consent - Whoever aborts a woman without her consent will be subject to three to eight years in prison. If physical or moral violence is used, the person will be subject to six to nine years in prison. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
Hidalgo (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesPenal Code ARTICLE 154.- For the purposes of this Code, abortion is the death of the product of conception at any time of pregnancy. Abortion caused culpably will be punishable. ARTICLE 155.- A woman who miscarries, interrupts her pregnancy or consents to the interruption of her pregnancy by another person will be subject to one to three years in prison and a fine of 10 to 40 days. ARTICLE 157.- Women who seek abortion to avoid social exclusion or extreme poverty will be sentenced to three months to two years and a fine of 5 to 25 days. ARTICLE 158.- Abortion shall not be punishable: I.- When it is the result of a culpable behavior of the pregnant woman; WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesPenal Code ARTICLE 154.- For the purposes of this Code, abortion is the death of the product of conception at any time of pregnancy. Abortion caused culpably will be punishable. ARTICLE 155.- A woman who miscarries, interrupts her pregnancy or consents to the interruption of her pregnancy by another person will be subject to one to three years in prison and a fine of 10 to 40 days. The same penalty will be applied to the one who causes the woman to abort with her consent. ARTICLE 156.- Anyone who aborts a woman without her consent shall be subject to three to seven years of imprisonment and a fine of 40 to 150 days, and if there is violence, four to nine years of imprisonment and 50 200 days fine. If the punishable abortion is caused by a midwife, nurse or medical practitioner, in addition to the penalties that correspond to him according to the previous articles, he will be suspended from one to three years in the exercise of his profession. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
|
PenaltiesPenal Code ARTICLE 155.- A woman who miscarries, interrupts her pregnancy or consents to the interruption of her pregnancy by another person will be subject to one to three years in prison and a fine of 10 to 40 days. ... ARTICLE 157.- Women who seek abortion to avoid social exclusion or extreme poverty will be sentenced to three months to two years and a fine of 5 to 25 days. |
PenaltiesPenal Code ARTICLE 154.- For the purposes of this Code, abortion is the death of the product of conception at any time of pregnancy. Abortion caused culpably will be punishable. ARTICLE 156.- Anyone who aborts a woman without her consent shall be subject to three to seven years of imprisonment and a fine of 40 to 150 days, and if there is violence, four to nine years of imprisonment and 50 200 days fine. If the punishable abortion is caused by a midwife, nurse or medical practitioner, in addition to the penalties that correspond to him according to the previous articles, he will be suspended from one to three years in the exercise of his profession. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
Jalisco (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesPenal Code Art. 227. Abortion is the death of the product of conception at any time of pregnancy. Art. 228. Four months to one year in prison will be imposed on the mother who voluntarily seek an abortion or consents to having another person cause her to abort and the abortion is carried out within the first five months of pregnancy. If the abortion is carried out after the first five months of pregnancy, the penalty will be doubled. In the case of the sanctions referred to in this article, applicable to a woman who voluntarily seeks an abortion or consents to having another person cause her to abort, the judge is empowered to substitute them for comprehensive medical treatment; it will be enough for the responsible person to request it and ratify it; the foregoing, as long as there is no recidivism on her part. The treatment referred to in this precept will be provided by the health institutions of the state and will be aimed at comprehensive care of the consequences generated by the practice of induced abortion, as well as reaffirming human values for motherhood, seeking strengthening of the family. Art. 229. Wrongful miscarriage caused by the pregnant woman is not punishable. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesPenal Code Art. 227. Abortion is the death of the product of conception at any time of pregnancy. Art. 228. Four months to one year in prison will be imposed on the mother who voluntarily seek an abortion or consents to having another person cause her to abort and the abortion is carried out within the first five months of pregnancy. If the abortion is carried out after the first five months of pregnancy, the penalty will be doubled. The same sanction will be imposed on those who abort a woman at her request, provided the person is not a habitual abortionist or a person already convicted for an abortion, since in such a case the sanction will be two to five years in prison. When the consent of the woman is missing, the prison sentence will be in any case from three to six years, and, if there is physical or moral violence, from four to six years in prison. If the abortion is caused by a medical surgeon, intern or medical student, midwife, midwife or nurse, in addition to the corresponding sanctions, he will be suspended from one to five years in the exercise of his profession, office or respective activity. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
|
PenaltiesPenal Code Art. 228. … In the case of the sanctions referred to in this article, applicable to a woman who voluntarily seeks an abortion or consents to having another person cause her to abort, the judge is empowered to substitute them for comprehensive medical treatment; it will be enough for the responsible person to request it and ratify it; the foregoing, as long as there is no recidivism on her part. The treatment referred to in this precept will be provided by the health institutions of the state and will be aimed at comprehensive care of the consequences generated by the practice of induced abortion, as well as reaffirming human values for motherhood, seeking strengthening of the family. |
PenaltiesPenal Code Art. 228. … When the consent of the woman is missing, the prison sentence will be in any case from three to six years, and, if there is physical or moral violence, from four to six years in prison. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
Mexico City (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesPenal Code Art 144. Abortion is the termination of pregnancy after the twelfth week of gestation. For the purposes of this Code, pregnancy is the part of the process of human reproduction that begins with the implantation of the embryo in the endometrium. Art 145. Three to six months imprisonment or 100 to 300 days of community work will be imposed, to women who voluntarily induce their abortion or consent to have another provide an abortion to them, after twelve weeks of pregnancy. In this case, the crime of abortion will only be sanctioned when it has been consummated. The person who provides the woman an abortion, with the consent of the woman, shall be subject to one to three years' imprisonment. Art 146. Forced abortion is the termination of pregnancy, at any time, without the consent of the pregnant woman. For purposes of this article, whoever makes a woman abort by any means without her consent, will be sentenced to five to eight years in prison. If there is physical or moral violence, eight to ten years imprisonment will be imposed. Art 147. If the abortion or forced abortion is done by a surgeon, midwife, midwife, nurse or practitioner, in addition to the sanctions that correspond to him/her according to this chapter, he/she will be suspended in the exercise of his/her profession or trade for an equal time to the sentence of imprisonment imposed. ARTICLE 148. They are considered as excluding criminal responsibility in the crime of abortion: IV. That it is the result of a culpable behavior of the pregnant woman. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesPenal Code Art 144. Abortion is the termination of pregnancy after the twelfth week of gestation. For the purposes of this Code, pregnancy is the part of the process of human reproduction that begins with the implantation of the embryo in the endometrium. Art 145. Three to six months imprisonment or 100 to 300 days of community work will be imposed, to women who voluntarily induce their abortion or consent to have another provide an abortion to them, after twelve weeks of pregnancy. In this case, the crime of abortion will only be sanctioned when it has been consummated. The person who provides the woman an abortion, with the consent of the woman, shall be subject to one to three years' imprisonment. Art 146. Forced abortion is the termination of pregnancy, at any time, without the consent of the pregnant woman. For purposes of this article, whoever makes a woman abort by any means without her consent, will be sentenced to five to eight years in prison. If there is physical or moral violence, eight to ten years imprisonment will be imposed. Art 147. If the abortion or forced abortion is done by a surgeon, midwife, midwife, nurse or practitioner, in addition to the sanctions that correspond to him/her according to this chapter, he/she will be suspended in the exercise of his/her profession or trade for an equal time to the sentence of imprisonment imposed. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
|
PenaltiesNone found |
PenaltiesPenal Code Art 146. Forced abortion is the termination of pregnancy, at any time, without the consent of the pregnant woman. For purposes of this article, whoever makes a woman abort by any means without her consent, will be sentenced to five to eight years in prison. If there is physical or moral violence, eight to ten years imprisonment will be imposed. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
Michoacan (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesPenal Code Article 141. Concept of abortion - Abortion is the death of the product of conception at any time during pregnancy. Article 145. Voluntary abortion - A woman who voluntarily causes her abortion will be subject to six months to one year of community work. In this case, the crime of abortion will only be sanctioned if it has been consummated. Article 146. Exclusions of responsibility for abortion - Criminal liability for the crime of abortion is excluded when: IV. It is the result of reckless behaviour by the pregnant woman. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesPenal Code Article 141. Concept of abortion - Abortion is the death of the product of conception at any time during pregnancy. Article 142. Abortion with consent - Whoever aborts a woman with prior consent of the woman will be subject to six months to two years in prison. Article 143. Abortion without consent - Whoever aborts a woman without her consent will be subject to three to eight years in prison. If physical or psychological violence was used, six to nine years of imprisonment will be imposed. Article 144. Specific abortion - If the abortion is caused by a surgeon, midwife, nurse or practitioner or any other health professional, in addition to the legal consequences that correspond to him under this chapter, he will be suspended for twice the time of the prison sentence imposed in the exercise of his profession or trade. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
|
PenaltiesNone found |
PenaltiesPenal Code Article 141. Concept of abortion - Abortion is the death of the product of conception at any time during pregnancy. Article 143. Abortion without consent - Whoever aborts a woman without her consent will be subject to three to eight years in prison. If physical or psychological violence was used, six to nine years of imprisonment will be imposed. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
Morelos (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesPenal Code ARTICLE 117.- One to five years of imprisonment and twenty to two hundred days-fine shall be imposed on the pregnant mother who voluntarily procures her abortion or consents to another having her aborted. The sanction referred to in this article may be replaced by medical or psychological treatment; it is sufficient that it is requested and ratified by the accused, it will also be subject to the law and regulation of substitution of sentences for alternative measures. ARTICLE 118.- The crime of abortion shall only be sanctioned when it has been consummated. ARTICLE 119.- Abortion is not punishable: I. When it is the result of a notoriously guilty action of the pregnant woman; WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesPenal Code ARTICLE 115.- To the one who gives death to the product of the conception at any moment of the pregnancy, whichever means is used, the following will apply: I. From one to five years in prison and from twenty to two hundred days-fine, if it is done with the consent of the pregnant woman; II. From three to eight years in prison and from forty to four hundred days-fine, if it is done without the consent of the pregnant woman; III. Six to eight years in prison if physical or moral violence occurs. Physicians who unjustifiably perform the abortion will be sanctioned according to section II of this article, and if they are dedicated to it, the penalty provided in section III of this provision will be applied; in both cases they will be disqualified from practicing the profession, condemned, in their case, to the cancellation of their professional identity card. Those who are not doctors and perform or practice abortion will be sanctioned according to section III of this article. ARTICLE 116.- If the abortion is caused by a doctor, surgeon, midwife or midwife, in addition to the sanctions that correspond to him according to the previous article, he will be suspended from two to five years in the exercise of his profession or trade. ARTICLE 118.- The crime of abortion shall only be sanctioned when it has been consummated. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
|
PenaltiesNone found |
PenaltiesPenal Code ARTICLE 115.- To the one who gives death to the product of the conception at any moment of the pregnancy, whichever means is used, the following will apply: II. From three to eight years in prison and from forty to four hundred days-fine, if it is done without the consent of the pregnant woman; III. Six to eight years in prison if physical or moral violence occurs. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
Nayarit (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesPenal Code ARTICLE 368. - Abortion is the interruption of pregnancy at any time of pregnancy. ARTICLE 369.- Four months to one year of imprisonment and a fine of up to twenty days will be imposed on the mother who voluntarily seeks an abortion or consents to having cause her to have an abortion within the first three months of pregnancy. When the abortion is performed after three months of pregnancy, one to three years of imprisonment and a fine of twenty to fifty days will be applied. ARTICLE 371.- Wrongful miscarriage caused by the pregnant woman is not punishable. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesPenal Code ARTICLE 368. - Abortion is the interruption of pregnancy at any time of pregnancy. ARTICLE 369.- Four months to one year of imprisonment and a fine of up to twenty days will be imposed on the mother who voluntarily seeks an abortion or consents to having cause her to have an abortion within the first three months of pregnancy. When the abortion is performed after three months of pregnancy, one to three years of imprisonment and a fine of twenty to fifty days will be applied. The sanction provided in the previous paragraph will be applied to the one who causes a woman to have an abortion at her request under the same conditions, provided that he is not an abortionist by trade or a person already convicted of that crime, since in that case the penalty will be one to four years in prison and a fine of up to fifty days. When the consent of the woman is lacking, the prison sentence will be in any case from five to ten years and the fine up to fifty days, and if there is physical or moral violence, from six to twelve years in prison and the fine of up to sixty days. ARTICLE 370.- If the abortion is caused by a surgeon or midwife, in addition to the sanctions that correspond to him according to the previous article, he will be suspended from four to ten years in the exercise of his profession or trade. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
|
PenaltiesNone found |
PenaltiesPenal Code ARTICLE 368. - Abortion is the interruption of pregnancy at any time of pregnancy. ARTICLE 369.- … When the consent of the woman is lacking, the prison sentence will be in any case from five to ten years and the fine up to fifty days, and if there is physical or moral violence, from six to twelve years in prison and the fine of up to sixty days. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
Nuevo Leon (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesPenal Code ARTICLE 327.- Abortion is the death of the product of conception at any time of pregnancy. ARTICLE 328.- The mother who voluntarily procures her abortion or consents to someone else causing her to have an abortion will be subject to six months to one year in prison. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesPenal Code ARTICLE 327.- Abortion is the death of the product of conception at any time of pregnancy. ARTICLE 329.- Anyone who causes a woman to have an abortion shall be subject to one to three years of imprisonment, whatever means she may employ, provided that she does so with the woman’s consent. When consent is lacking, the prison term will be from three to six years, and if physical or moral violence occurs, the author will be subject to four to nine years in prison. ARTICLE 330.- If the abortion is caused by a doctor, surgeon, midwife or midwife, in addition to the sanctions that correspond to him according to the previous article, he will be suspended from two to five years in the exercise of his profession. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
|
PenaltiesNone found |
PenaltiesPenal Code ARTICLE 327.- Abortion is the death of the product of conception at any time of pregnancy. ARTICLE 329.- Anyone who causes a woman to have an abortion shall be subject to one to three years of imprisonment, whatever means she may employ, provided that she does so with the woman’s consent. When consent is lacking, the prison term will be from three to six years, and if physical or moral violence occurs, the author will be subject to four to nine years in prison. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
Oaxaca (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesPenal Code 312. Abortion is the death of the product of conception at any time of pregnancy. 315. The mother who voluntarily procures her abortion or consents to someone else causing her to have an abortion will be subject to six months to two years in prison, if these three circumstances concur: I.- That she does not have bad reputation; II.- That she has managed to conceal her pregnancy; III.- That this is the result of an illegitimate union. If one of the circumstances mentioned is absent, one to five years of imprisonment will be applied. 316. Abortion is not punishable in the following cases: I.- When the abortion is caused only by imprudence of the pregnant woman; WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesPenal Code 312. Abortion is the death of the product of conception at any time of pregnancy. 313. A person who causes a woman to have an abortion will be subject to one to six years of imprisonment, whatever means he may employ, provided that he does so with her consent. When the consent is lacking, the imprisonment will be from three to eight years; and, if there is physical or moral violence, the offender will be subject to six to ten years in prison. 314. If the abortion is caused by a doctor, surgeon, midwife or midwife, in addition to the sanctions that correspond to him according to the previous Article, he will be suspended from two to five years in the exercise of his profession. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
|
PenaltiesNone found |
PenaltiesPenal Code 312. Abortion is the death of the product of conception at any time of pregnancy. 313. A person who causes a woman to have an abortion will be subject to one to six years of imprisonment, whatever means he may employ, provided that he does so with her consent. When the consent is lacking, the imprisonment will be from three to eight years; and, if there is physical or moral violence, the offender will be subject to six to ten years in prison. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
Puebla (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesPenal Code Article 339.- Abortion is the death of the product of conception at any time of pregnancy. Article 342.- The mother who voluntarily procures her abortion or consents to another person causing her to have an abortion will be six months to one year in prison if the following three circumstances concur: I.- That she does not have bad reputation; II.- That she has managed to conceal her pregnancy; III.- That this is not the result of marriage. If any of the above circumstances is missing, she will be subject to one to five years in prison. Article 343.- Abortion is not punishable in the following cases: I.- When it is caused only by imprudence of the pregnant woman; WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesPenal Code Article 339.- Abortion is the death of the product of conception at any time of pregnancy. Article 340.- Whoever causes a woman to have an abortion will be subject to one to three years of imprisonment, whatever means he may employ, provided that he does so with her consent. When the consent is lacking, the prison will be from three to six years, and if he uses physical or moral violence, the offender will be imposed from six to eight years in prison. Article 341.- If the abortion is caused by a doctor, surgeon, or midwife, in addition to the sanctions that correspond to him according to the previous article, he will be suspended from two to five years in the exercise of his office or profession. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
|
PenaltiesPenal Code Article 342.- The mother who voluntarily procures her abortion or consents to another person causing her to have an abortion will be six months to one year in prison if the following three circumstances concur: I.- That she does not have bad reputation; II.- That she has managed to conceal her pregnancy; III.- That this is not the result of marriage. If any of the above circumstances is missing, she will be subject to one to five years in prison. |
PenaltiesPenal Code Article 339.- Abortion is the death of the product of conception at any time of pregnancy. Article 340.- Whoever causes a woman to have an abortion will be subject to one to three years of imprisonment, whatever means he may employ, provided that he does so with her consent. When the consent is lacking, the prison will be from three to six years, and if he uses physical or moral violence, the offender will be imposed from six to eight years in prison. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
Queretaro (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesPenal Code ARTICLE 136.- The crime of abortion is committed by the person who causes the death of the product of conception until before birth. ARTICLE 138.- A woman who procures an abortion or consents to someone else causing her to have an abortion will be subject to one to three years of imprisonment. ARTICLE 136.- The crime of abortion is committed by the person who causes the death of the product of conception until before birth. ARTICLE 142.- Abortion is not punishable: I.- When caused by the fault of the pregnant woman. ARTICLE 68.- The Jurisdictional Body shall determine the punishment within the limits indicated for each crime, taking into account the objective and subjective aspects of the punishable act; the injury or endangerment of the legal right; the circumstances concerning manner, time and place; the determining reasons; the other conditions of subject and the victim, insofar as they have influenced the commission of the crime, and those that determine the unlawful seriousness and guilt of the subject. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesPenal Code ARTICLE 136.- The crime of abortion is committed by the person who causes the death of the product of conception until before birth. ARTICLE 137.- Anyone who aborts a woman with her consent shall be subject to one to three years of imprisonment. When the consent is lacking, the prison term will be from four to seven years, and if there is physical or moral violence, from seven to nine years. The penalties provided in this article will be increased by up to one half if the pregnant woman is a minor or does not have the capacity to understand the meaning of the event. ARTICLE 140.- If the punishable abortion is caused by a doctor to an auxiliary of the latter, in addition to the sanctions that correspond to him in accordance with the provisions of this chapter, he shall be suspended from one to five years in the exercise of his profession. ARTICLE 141.- Physicians and their assistants will not be sanctioned in the legitimate exercise of their profession to provide women with the care they require for a punishable abortion performed by another person. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
|
PenaltiesPenal Code ARTICLE 139.- In the case of the mother who voluntarily procures her abortion or consents to another person making her abort, the judge may apply up to one third of the penalty provided in the previous article when it is fair to do so considering the provisions of Article 68 of this Code and specifically, where appropriate, the state of health of the mother, its instruction and conditions personal circumstances, the circumstances in which the conception occurred, the length of time the pregnancy lasted, the development and characteristics of the product, the consent granted by the other parent if he lives with the mother and fulfils the obligations inherent to the union, the results of the precautionary measure of comprehensive attention to women in case of abortion, provided that they are provided by the accused and, in general, all elements conducive to the fair resolution of the case in question. |
PenaltiesPenal Code ARTICLE 136.- The crime of abortion is committed by the person who causes the death of the product of conception until before birth. ARTICLE 137.- Anyone who aborts a woman with her consent shall be subject to one to three years of imprisonment. When the consent is lacking, the prison term will be from four to seven years, and if there is physical or moral violence, from seven to nine years. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
Quintana Roo (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesPenal Code ARTICLE 92.- For the purposes of this Code, abortion is the death of the product of conception at any time during intrauterine pregnancy. ARTICLE 96.- In the case of the mother who voluntarily procures her abortion or consents to another person causing her to abort, the judge may apply up to one third of the maximum penalty provided in article 93, when it is fair to do so, considering the provisions of Article 52, and specifically, where appropriate, the state of health of the mother, her education or personal conditions, her economic situation, her age, the circumstances in which the conception occurred, the time that the pregnancy had lasted, the development and characteristics of the product, the consent granted by the other parent, when the latter lives with the mother and fulfils the obligations inherent to the union, and, in general, all elements conducive to the equitable resolution of the case in question. ARTICLE 97.- Abortion shall not be punishable: I.- When it is the result of a culpable behaviour of the pregnant woman. ARTICLE 52.- The Judge, when dictating the corresponding sentence, shall fix the penalty or measure that he deems just within the limits indicated for each crime, taking into account the objective and subjective aspects of the crime committed: the injury or danger of the legal right; the circumstances of way, time and place; the motive determinants; the impact of the crime; the other conditions of the active subject or of the victim or offended, insofar as they have influenced the commission of the offense, including the psychological opinion of the victim, that considers the impact of the crime, and others will determine the seriousness of the fact and the culpability of the subject. In the case of a first offender of notorious intellectual retardation, of scarce economic resources and low dangerousness, the judge may reduce up to half of penalty in accordance with the provisions of this Code, except in cases of crimes of family violence and those contemplated in Title Four of the First Section of Book Two of this Code. For the purposes of the proper application of penalties and security measures, the Judge will require, in his case, the expert opinions to know the personality of the subject and the other conducive elements. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesPenal Code ARTICLE 92.- For the purposes of this Code, abortion is the death of the product of conception at any time during intrauterine pregnancy. ARTICLE 93.- A woman who has an abortion or consents to someone else causing her to have an abortion will be sentenced from six months to two years in prison. The same penalty will be applied to the person who causes the woman to abort with her consent. ARTICLE 94.- Anyone who causes a woman to have an abortion without her consent shall be subject to three to eight years of imprisonment, and if violence occurs, from four to nine years. ARTICLE 95.- If a doctor, midwife or nurse intervenes in the punishable abortion, he will be suspended, in addition, in the exercise of his profession, from two to five years. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
|
PenaltiesNone found |
PenaltiesPenal Code ARTICLE 92.- For the purposes of this Code, abortion is the death of the product of conception at any time during intrauterine pregnancy. ARTICLE 94.- Anyone who causes a woman to have an abortion without her consent shall be subject to three to eight years of imprisonment, and if violence occurs, from four to nine years. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
San Luis Potosi (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesPenal Code ARTICLE 148. The crime of abortion is committed by the person who causes the death of the product of conception at any time during pregnancy. This crime will be sanctioned with the following penalties: I. A mother who voluntarily procures her abortion or consents to having another person cause her to have an abortion will be sentenced to one to three years in prison and a pecuniary penalty of one hundred to three hundred days of the value of the unit of measurement and updating; ARTICLE 150. It is exclusive of (sic) in the case of abortion, when: I. The result of a culpable action of the pregnant woman; WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesPenal Code ARTICLE 148. The crime of abortion is committed by the person who causes the death of the product of conception at any time during pregnancy. This crime will be sanctioned with the following penalties: II. The person who does it with the consent of the pregnant woman will be subject to punishment of one to three years of prison and pecuniary sanction of one hundred to three hundred days of the value of the unit of measurement and updating, and III. Whoever does it without the consent of the pregnant woman will be subject to a penalty of three to eight years of imprisonment and pecuniary penalty of three hundred to eight hundred days of the value of the unit of measurement and updating. ARTICLE 149. The professional of the medicine or midwife who causes the abortion will be subject to the penalties foreseen in the previous article and in addition he will be suspended up to five years in the exercise of his profession. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
|
PenaltiesNone found |
PenaltiesPenal Code ARTICLE 148. The crime of abortion is committed by the person who causes the death of the product of conception at any time during pregnancy. This crime will be sanctioned with the following penalties: III. Whoever does it without the consent of the pregnant woman will be subject to a penalty of three to eight years of imprisonment and pecuniary penalty of three hundred to eight hundred days of the value of the unit of measurement and updating. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
Sinaloa (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesPenal Code ARTICLE 154.- The crime of abortion is understood as causing the death of the product of conception at any time during pregnancy. ARTICLE 155.- The mother who voluntarily provokes her abortion or consents to someone else causing her to have an abortion will be subject to six months to three years in prison. ARTICLE 158.- No sanction will be applied: III.- When the abortion is derived from the imprudence of the pregnant woman. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesPenal Code ARTICLE 154.- The crime of abortion is understood as causing the death of the product of conception at any time during pregnancy. ARTICLE 156.- The person who makes a woman have an abortion will be subject to one to three years of imprisonment, whatever means he may employ, provided that he does so with her consent. When consent is lacking, the prison term will be three to six years and if physical or moral violence has been used, the author will be subject to six to eight years in prison. ARTICLE 157.- If the abortion is caused by a doctor, surgeon, nurse, midwife or midwife, in addition to the sanctions that correspond to him according to the previous article, he will be suspended from two to five years in the exercise of his profession. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
|
PenaltiesNone found |
PenaltiesPenal Code ARTICLE 154.- The crime of abortion is understood as causing the death of the product of conception at any time during pregnancy. ARTICLE 156.- The person who makes a woman have an abortion will be subject to one to three years of imprisonment, whatever means he may employ, provided that he does so with her consent. When consent is lacking, the prison term will be three to six years and if physical or moral violence has been used, the author will be subject to six to eight years in prison. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
Sonora (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesPenal Code ARTICLE 265.- A person commits the crime of abortion who causes the death of the product of conception, at any time of pregnancy. ARTICLE 266. - The woman who procures her abortion and the person who made her abort with her consent will be subject to one to six years of prison and a fine of twenty to two hundred Units of Measurement and Update. ARTICLE 269.- An abortion caused by the fault of the pregnant woman is not punishable. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesPenal Code ARTICLE 265.- A person commits the crime of abortion who causes the death of the product of conception, at any time of pregnancy. ARTICLE 267.- Anyone who commits the crime of abortion without the consent of the pregnant woman shall be imprisoned for three to ten years and fined between twenty and three hundred and fifty Measurement Units and Updates. If physical or moral violence is used, the sanctions will be four to twelve years in prison and a fine of fifty to three hundred fifty Units of Measurement and Update. ARTICLE 268.- If the abortion is caused by a doctor, surgeon, midwife or midwife, in addition to the sanction that corresponds to him according to the previous article, he will be suspended from two to five years in the exercise of his profession. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
|
PenaltiesNone found |
PenaltiesPenal Code ARTICLE 265.- A person commits the crime of abortion who causes the death of the product of conception, at any time of pregnancy. ARTICLE 267.- Anyone who commits the crime of abortion without the consent of the pregnant woman shall be imprisoned for three to ten years and fined between twenty and three hundred and fifty Measurement Units and Updates. If physical or moral violence is used, the sanctions will be four to twelve years in prison and a fine of fifty to three hundred fifty Units of Measurement and Update. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
Tabasco (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesPenal Code Article 130.- Abortion is the death of the product of conception caused by acts performed at any time during pregnancy. Article 132.- Prison of one to three years will be applied to the person who causes a woman to abort with her consent. The same penalty will be imposed on the woman who consents to having someone else cause her to have an abortion. Article 133.- Prison of six months to three years will be applied to a woman who procures herself an abortion. Article 135.- The crime of abortion will only be sanctioned when it has been consummated. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesPenal Code Article 130.- Abortion is the death of the product of conception caused by acts performed at any time during pregnancy. Article 131.- Prison of three to six years will be applied to the person who causes a woman to abort a woman without her consent. If physical or moral violence is used, the prison term will be six to eight years. Article 132.- Prison of one to three years will be applied to the person who causes a woman to abort with her consent. The same penalty will be imposed on the woman who consents to having someone else cause her to have an abortion. Article 134.- If the abortion is caused by a doctor, surgeon, midwife or midwife, in addition to the penalties that apply, according to the previous articles, suspension of two to five years in the exercise of their profession or trade. Article 135.- The crime of abortion will only be sanctioned when it has been consummated. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
|
PenaltiesNone found |
PenaltiesPenal Code Article 130.- Abortion is the death of the product of conception caused by acts performed at any time during pregnancy. Article 131.- Prison of three to six years will be applied to the person who causes a woman to abort a woman without her consent. If physical or moral violence is used, the prison term will be six to eight years. Article 135.- The crime of abortion will only be sanctioned when it has been consummated. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
Tamaulipas (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesPenal Code ARTICLE 356. – A person commits the crime of abortion who deprives the product of conception of its life at any time of pregnancy. ARTICLE 357. - The woman who voluntarily procures her abortion or consents that another person causes her to have an abortion will be subject to a sanction of one to five years of prison, with the judge being empowered to replace it by integral medical treatment, for which it will be enough that the responsible person requests and ratifies it. The treatment referred to in this precept will be provided by the State Health Institutions and will aim to support women to overcome the effects caused as a result of induced abortion, as well as to reaffirm human values for motherhood by helping to strengthen the family. The benefit of replacing the sanction of deprivation of liberty with that of integral medical treatment shall not be granted to a woman who repeats the commission of the crime of abortion. ARTICLE 359.- A woman who voluntarily procures her abortion or consents to someone else causing her to have an abortion shall be subject to six months to one year in prison, if the following circumstances occur: I.- she does not have bad reputation; II.- she has concealed her pregnancy; III.- this is not the result of marriage or cohabitation. ARTICLE 361.- Abortion shall not be sanctioned in the following cases: I.- When it is caused only by imprudence of the pregnant woman; WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesPenal Code ARTICLE 356. – A person commits the crime of abortion who deprives the product of conception of its life at any time of pregnancy. ARTICLE 358.- The person who causes the death of the product of the conception of a pregnant woman, will be subject to I.- Four to six years in prison if he caused the abortion at the request or request of the pregnant woman and is of legal age; II.- Four to eight years of imprisonment if he caused the abortion at the request or request of the pregnant woman and is a minor or incapable; III.- Five to seven years in prison if he caused the abortion without the express consent of the pregnant woman and is of legal age; IV.- Six to nine years in prison if he caused the abortion without the consent of the pregnant woman and is a minor or incapable; The person who causes the abortion, in addition to the custodial sentence, will have the obligation to repair the damages caused, which include the specific imposition of paying for the curative treatments that, as a consequence of the crime, are necessary for the recovery of the physical, psychic and emotional health of the pregnant woman whose abortion he has caused. ARTICLE 360.- If the abortion is caused by a doctor, midwife or nurse, in addition to the sanction that corresponds to him according to Article 358, he will be suspended from three to six years in the exercise of his profession, technique or trade. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
|
PenaltiesPenal Code ARTICLE 357. - The woman who voluntarily procures her abortion or consents that another person causes her to have an abortion will be subject to a sanction of one to five years of prison, with the judge being empowered to replace it by integral medical treatment, for which it will be enough that the responsible person requests and ratifies it. The treatment referred to in this precept will be provided by the State Health Institutions and will aim to support women to overcome the effects caused as a result of induced abortion, as well as to reaffirm human values for motherhood by helping to strengthen the family. The benefit of replacing the sanction of deprivation of liberty with that of integral medical treatment shall not be granted to a woman who repeats the commission of the crime of abortion. ARTICLE 358 Bis.- The spouse, concubine, sentimental or family partner of the pregnant woman who deceives, threatens or exercises physical or moral violence against the latter so that an abortion is provoked or allows another to provoke it shall be subject to one to five years in prison. |
PenaltiesPenal Code ARTICLE 356. – A person commits the crime of abortion who deprives the product of conception of its life at any time of pregnancy. ARTICLE 358.- The person who causes the death of the product of the conception of a pregnant woman, will be subject to III.- Five to seven years in prison if he caused the abortion without the express consent of the pregnant woman and is of legal age; IV.- Six to nine years in prison if he caused the abortion without the consent of the pregnant woman and is a minor or incapable; The person who causes the abortion, in addition to the custodial sentence, will have the obligation to repair the damages caused, which include the specific imposition of paying for the curative treatments that, as a consequence of the crime, are necessary for the recovery of the physical, psychic and emotional health of the pregnant woman whose abortion he has caused. ARTICLE 358 Bis.- The spouse, concubine, sentimental or family partner of the pregnant woman who deceives, threatens or exercises physical or moral violence against the latter so that an abortion is provoked or allows another to provoke it shall be subject to one to five years in prison. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
Tlaxcala (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesPenal Code Article 241. Abortion is the expulsion of the product of pregnancy before the time at which the fetus can live. Article 242. Fifteen days to two months of imprisonment and a fine of eighteen to thirty-six days of salary shall be imposed on the mother who voluntarily seeks an abortion or consents to having another person cause her to have an abortion. Article 243. The interruption of pregnancy shall not merit responsibility in the following cases: I. it occurs due to culpable behaviour of the pregnant woman; WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesPenal Code Article 241. Abortion is the expulsion of the product of pregnancy before the time at which the fetus can live. Article 242. Fifteen days to two months of imprisonment and a fine of eighteen to thirty-six days of salary shall be imposed on the mother who voluntarily seeks an abortion or consents to having another person cause her to have an abortion. The same sanction will apply to those who cause a woman to have an abortion at her request, provided that the person is not an abortionist by trade or already convicted of that crime, since in such a case the penalty will be two to three years. prison. When the consent of the woman is lacking, the prison term will be in any case from three to seven years, and if physical or moral violence was used six to ten years. If the abortion is caused by a doctor, surgeon, midwife or midwife, in addition to the sanctions that correspond to him according to this article, he will be suspended from one to three years in the exercise of his profession. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
|
PenaltiesNone found |
PenaltiesPenal Code Article 241. Abortion is the expulsion of the product of pregnancy before the time at which the fetus can live. Article 242. … When the consent of the woman is lacking, the prison term will be in any case from three to seven years, and if physical or moral violence was used six to ten years. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
Veracruz (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesPenal Code Article 149.- A person commits the crime of abortion who causes an interruption of pregnancy in any of its stages. Article 150.- A woman who is provoked or consents to an abortion will be sanctioned with free treatment, consisting of the application of educational and health measures. Article 154.- Abortion is not punishable when: I. It is caused by unpredictability of the pregnant woman; WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesPenal Code Article 149.- A person commits the crime of abortion who causes an interruption of pregnancy in any of its stages. Article 150.- The person who causes the woman to have an abortion with her consent will be subject to six months to two years in prison and a fine of up to seventy-five days of salary. Article 151.- Anyone who causes a woman to have an abortion without her consent shall be imprisoned for three to ten years and fined up to one hundred days' salary. If physical or moral violence is used, the sanctions will be from six to fifteen years in prison and a fine of up to one hundred and fifty days of salary. Article 153.- If the abortion or the injuries to the product were caused without therapeutic purposes by a doctor, midwife or nurse, in addition to the sanctions that correspond to them, they will be suspended from two to five years in the exercise of their profession. Injuries or abortion will not be punishable when they are the result of a therapeutic treatment that aims to avoid, in the product of conception, serious physical or mental disorders, provided that it is applied with the consent of the pregnant woman. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
|
PenaltiesNone found |
PenaltiesPenal Code Article 149.- A person commits the crime of abortion who causes an interruption of pregnancy in any of its stages. Article 151.- Anyone who causes a woman to have an abortion without her consent shall be imprisoned for three to ten years and fined up to one hundred days' salary. If physical or moral violence is used, the sanctions will be from six to fifteen years in prison and a fine of up to one hundred and fifty days of salary. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
Yucatan (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesPenal Code ARTICLE 389. Abortion is the death of the product of conception at any time of pregnancy. ARTICLE 392.- The mother who voluntarily procures her abortion or consents in someone else causing her to have an abortion will be subject to three months to one year in prison. In the case of the sanctions referred to in this article, applicable to women who seek their abortion, the judge is empowered to replace them with comprehensive medical treatment; it will be enough that the responsible person requests it and ratifies it. The treatment referred to in this precept will be provided by the State Health Institutions and will have the objective of comprehensive attention to the consequences generated by the practice of induced abortion. ARTICLE 393. Abortion is not punishable in the following cases: I. When caused by the wrongful act of the pregnant woman; WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesPenal Code ARTICLE 389. Abortion is the death of the product of conception at any time of pregnancy. ARTICLE 390. Whoever causes a woman to have an abortion will be subject to one to five years of imprisonment, whatever means he may employ, provided that he does so with her consent; when this is missing, the prison term will be from three to eight years and if physical or moral violence is used, the accused will be subject to six to nine years in prison. ARTICLE 391. If the abortion is caused by a doctor, surgeon, midwife or midwife, in addition to the sanctions that correspond to him according to the previous article, he will be suspended, in his case, from two to five years in the exercise of his profession. Whoever has habitually engaged in the practice of abortions will be deprived of the exercise of their profession or trade. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
|
PenaltiesNone found |
PenaltiesPenal Code ARTICLE 389. Abortion is the death of the product of conception at any time of pregnancy. ARTICLE 390. Whoever causes a woman to have an abortion will be subject to one to five years of imprisonment, whatever means he may employ, provided that he does so with her consent; when this is missing, the prison term will be from three to eight years and if physical or moral violence is used, the accused will be subject to six to nine years in prison. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
Zacatecas (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesPenal Code 310. Abortion is the death of the product of conception at any time of pregnancy. Only consummated abortion will be sanctioned; but when the attempt produces injuries, they will be persecuted in any case. 311.- The mother who voluntarily seeks an abortion or consents to someone else causing her to have an abortion will be subject to four months to one year in prison, if these four circumstances concur: I.- she does not have bad reputation; II.- she has managed to conceal her pregnancy; III.- this is the result of an illegitimate union; IV.- the abortion was carried out within the first five months of pregnancy. If any of the above circumstances are missing, the penalty may be increased by a little. 312.- The wrongful abortion caused by the pregnant woman is not punishable. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
PenaltiesPenal Code 310. Abortion is the death of the product of conception at any time of pregnancy. Only consummated abortion will be sanctioned; but when the attempt produces injuries, they will be persecuted in any case. 311.- The mother who voluntarily seeks an abortion or consents to someone else causing her to have an abortion will be subject to four months to one year in prison, if these four circumstances concur: I.- she does not have bad reputation; II.- she has managed to conceal her pregnancy; III.- this is the result of an illegitimate union; IV.- the abortion was carried out within the first five months of pregnancy. If any of the above circumstances are missing, the penalty may be increased by a little. The same penalty shall be applied to the person who causes a woman to have an abortion at her request under the same conditions, provided that the person is not an abortionist by trade or a already convicted of this crime, since in such case it will be the sanction of one to four years in prison. When the consent of the woman is lacking, the prison term will be in any case from three to six years, and if there has been physical or moral violence to six to eight years. If the abortion is caused by a doctor, surgeon, midwife or midwife, in addition to the sanctions that correspond to him according to the previous article, he will be suspended from two to five years in the exercise of his profession. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
|
PenaltiesNone found |
PenaltiesPenal Code 310. Abortion is the death of the product of conception at any time of pregnancy. Only consummated abortion will be sanctioned; but when the attempt produces injuries, they will be persecuted in any case. 311.- When the consent of the woman is lacking, the prison term will be in any case from three to six years, and if there has been physical or moral violence to six to eight years. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
Source document: 
Back to top