Global Abortion Policies Database
A tool to expand knowledge, encourage transparency, and promote accountability.
| Country or Region | |
|---|---|
Yucatan (Mexico) |
No
Read more On requestNo WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Grounds-based approaches to restricting access to abortion should be revised in favour of making abortion available on the request of the woman, girl or other pregnant person. The Abortion Care Guideline recommends against laws and other regulations that restrict abortion by grounds. The guideline recommends abortion be available on the request of the woman, girl or other pregnant person.
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| 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) |
Economic or social reasonsNo WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Health grounds shall reflect WHO’s definitions of health, which entails a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Abortion Care Guideline § 2.2.2.
Additional notesAbortion is permitted 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: |
Foetal impairmentYes 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. Related documents:
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Grounds-based approaches to restricting access to abortion should be revised in favour of making abortion available on the request of the woman, girl or other pregnant person. The Abortion Care Guideline recommends against laws and other regulations that restrict abortion by grounds. The guideline recommends abortion be available on the request of the woman, girl or other pregnant person.
While methods of abortion may vary by gestational age, pregnancy can safely be ended regardless of gestational age. Gestational age limits are not evidence-based; they restrict when lawful abortion may be provided by any method. The Abortion Care Guideline recommends against laws and other regulations that prohibit abortion based on gestational age limits. Abortion Care Guideline § 2.2.3.
Additional notesAbortion is permissible “when there is sufficient reason to suppose that the product suffers from genetic or congenital alterations, which result in the birth of a being with serious physical or mental disorders.” Related documents: |
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. Related documents:
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Grounds-based approaches to restricting access to abortion should be revised in favour of making abortion available on the request of the woman, girl or other pregnant person. The Abortion Care Guideline recommends against laws and other regulations that restrict abortion by grounds. The guideline recommends abortion be available on the request of the woman, girl or other pregnant person.
While methods of abortion may vary by gestational age, pregnancy can safely be ended regardless of gestational age. Gestational age limits are not evidence-based; they restrict when lawful abortion may be provided by any method. The Abortion Care Guideline recommends against laws and other regulations that prohibit abortion based on gestational age limits. Abortion Care Guideline § 2.2.3.
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IncestNo WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Grounds-based approaches to restricting access to abortion should be revised in favour of making abortion available on the request of the woman, girl or other pregnant person. The Abortion Care Guideline recommends against laws and other regulations that restrict abortion by grounds. The guideline recommends abortion be available on the request of the woman, girl or other pregnant person.
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Intellectual or cognitive disability of the womanNo |
Mental healthNo WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Health grounds shall reflect WHO’s definitions of health, which entails a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Abortion Care Guideline § 2.2.2.
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Physical healthNo WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Health grounds shall reflect WHO’s definitions of health, which entails a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Abortion Care Guideline § 2.2.2.
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WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Health grounds shall reflect WHO’s definitions of health, which entails a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Abortion Care Guideline § 2.2.2.
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LifeYes 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. Related documents:
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Grounds-based approaches to restricting access to abortion should be revised in favour of making abortion available on the request of the woman, girl or other pregnant person. The Abortion Care Guideline recommends against laws and other regulations that restrict abortion by grounds. The guideline recommends abortion be available on the request of the woman, girl or other pregnant person.
While methods of abortion may vary by gestational age, pregnancy can safely be ended regardless of gestational age. Gestational age limits are not evidence-based; they restrict when lawful abortion may be provided by any method. The Abortion Care Guideline recommends against laws and other regulations that prohibit abortion based on gestational age limits. Abortion Care Guideline § 2.2.3.
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OtherNon-consensual artificial insemination. Additional notesNo gestational limit is specified. |
| 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) |
Number and cadre of health-care professional authorizations required
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Third-party authorization requirements are incompatible with international human rights law, which provides that States may not restrict women’s access to health services on the ground that they do not have the authorization of husbands, partners, parents or health authorities, because they are unmarried, or because they are women. The Abortion Care Guideline recommends that abortion be available on the request of the woman, girl or other pregnant person without the authorization of any other individual, body or institution. Abortion Care Guideline § 3.3.2.
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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. To establish an enabling environment, there is a need for abortion care to be integrated into the health system across all levels (including primary, secondary and tertiary) – and supported in the community – to allow for expansion of health worker roles, including self-management approaches. To ensure both access to abortion and achievement of Universal Health Coverage (UHC), abortion must be centred within primary health care (PHC), which itself is fully integrated within the health system, facilitating referral pathways for higher-level care when needed. Abortion Care Guideline § 1.4.1.
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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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends that abortion be available on the request of the woman, girl or other pregnant person without the authorization of any other individual, body or institution. Abortion Care Guideline § 3.3.2.
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 rapeNo 13-Mexico-Tlaxcala-Health-Law-pdf#page=22 Related documents:WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. There shall be no procedural requirements to “prove” or “establish” satisfaction of grounds, such as requiring judicial orders or police reports in cases of rape or sexual assault (for sources to support this information). These restrictions subject the individual to unnecessary trauma, may put them at increased risk from the perpetrator, and may cause women to resort to unsafe abortion.
Additional notesOnly a request in writing in which it is stated that said pregnancy is the product of rape is needed. Related documents: |
Police report required in case of rapeNo 13-Mexico-Tlaxcala-Health-Law-pdf#page=22 Related documents:WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. There shall be no procedural requirements to “prove” or “establish” satisfaction of grounds, such as requiring judicial orders or police reports in cases of rape or sexual assault (for sources to support this information). These restrictions subject the individual to unnecessary trauma, may put them at increased risk from the perpetrator, and may cause women to resort to unsafe abortion.
Additional notesOnly a request in writing in which it is stated that said pregnancy is the product of rape is needed. 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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. While parental or partner involvement in abortion decision-making can support and assist women, girls or other pregnant persons, this must be based on the values and preferences of the person availing of abortion and not imposed by third-party authorization requirements. Third-party authorization requirements are incompatible with international human rights law, which provides that States may not restrict women’s access to health services on the ground that they do not have the authorization of husbands, partners, parents or health authorities, because they are unmarried, or because they are women. The Abortion Care Guideline recommends that abortion be available on the request of the woman, girl or other pregnant person without the authorization of any other individual, body or institution. Abortion Care Guideline § 3.3.2.
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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. While parental or partner involvement in abortion decision-making can support and assist women, girls or other pregnant persons, this must be based on the values and preferences of the person availing of abortion and not imposed by third-party authorization requirements. Third-party authorization requirements are incompatible with international human rights law, which provides that States may not restrict women’s access to health services on the ground that they do not have the authorization of husbands, partners, parents or health authorities, because they are unmarried, or because they are women. The Abortion Care Guideline recommends that abortion be available on the request of the woman, girl or other pregnant person without the authorization of any other individual, body or institution. Abortion Care Guideline § 3.3.2.
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 requiredNo Related documents:WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The right to refuse information, including the right to refuse viewing ultrasound images, must be respected. The Abortion Care Guideline recommends against the use of ultrasound scanning as a prerequisite for providing abortion services for both medical and surgical abortion. Abortion Care Guideline § 3.3.5.
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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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. While counselling should be made available and accessible, it should always be voluntary for women to choose whether or not they want to receive it. The right to refuse counselling when offered must be respected. Where provided, counselling must be available to individuals in a way that respects privacy and confidentiality.
Additional notesThe guidelines address the necessity of having trained personnel to provide effective and person-centred counseling; however, does not specify whether the counseling is compulsory. |
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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Mandatory waiting periods delay access to abortion, sometimes to the extent that women’s access to abortion or choice of abortion method is restricted. The Abortion Care Guideline recommends against mandatory waiting periods for abortion. Abortion Care Guideline § 3.3.1.
Additional notesSexual and reproductive health services, including contraception and abortion, are essential services that, due to their importance, are non-deferrable. Attention to abortion, spontaneous and induced, should be a priority, because it is time sensitive. It is safer if it is performed in a timely manner, with respect to gestational age. It should not be postponed under any circumstances. Related documents: |
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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Regulatory, policy and programmatic barriers – as well as barriers in practice – that hinder access to and timely provision of quality abortion care should be removed. Abortion Care Guideline § Box 2.1.
Additional notesThe Guidelines ask providers to carry out the identification of sexually transmitted infections for their treatment and follow-up, and indicate that normal routine paraclinical tests, such as complete blood counts, would only be indicated when justified. Related documents: |
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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Regulatory, policy and programmatic barriers – as well as barriers in practice – that hinder access to and timely provision of quality abortion care should be removed. Abortion Care Guideline § Box 2.1.
Additional notesThe Guidelines ask providers to carry out the identification of sexually transmitted infections for their treatment and follow-up, and indicate that normal routine paraclinical tests, such as complete blood counts, would only be indicated when justified. Related documents: |
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. Related documents:
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. 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.
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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. Related documents:
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Dissemination of misinformation, withholding of information and censorship should be prohibited.
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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. Related documents:
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. 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.
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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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. National standards and guidelines for abortion care should be evidence based and periodically updated and should provide the necessary guidance to achieve equal access to comprehensive abortion care. Leadership should also promote evidence-based SRH services according to these standards and guidelines. Abortion Care Guideline § 1.3.3.
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Methods allowedVacuum aspirationYes Dilatation and evacuationYes Combination mifepristone-misoprostolYes Misoprostol onlyYes Misoprostol only can be used if mifepristone is not available. Other (where provided)WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Vacuum aspiration is recommended for surgical abortions at or under 14 weeks to be provided by traditional and complementary medicine professionals, nurses, midwives, associate/advanced associate clinicians, generalist medical practitioners and specialist medical practitioners.
Dilation and evacuation (D&E) is recommended for surgical abortions at or over 14 weeks to be provided by generalist medical practitioners and specialist medical practitioners. Vacuum aspiration can be used during a D&E. Abortion Care Guideline § 3.4.1.
The recommended method for medical abortion is mifepristone followed by misoprostol (regimen differs by gestational age). Abortion Care Guideline § 3.4.2.
The Abortion Care Guideline recommends the use of misoprostol alone, with a regime that differs by gestational age. Evidence demonstrates that the use of combination mifepristone plus misoprostol is more effective than misoprostol alone. Abortion Care Guideline § 3.4.2.
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Country recognized approval (mifepristone / mife-misoprostol)Yes Pharmacy selling or distributionYes, with prescription only WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Mifepristone and misoprostol should be listed in relevant national EMLs (NEMLs) or their equivalent and should be included in the relevant clinical care/service delivery guidelines.
Mifepristone and misoprostol should be listed in relevant national EMLs (NEMLs) or their equivalent and should be included in the relevant clinical care/service delivery guidelines.
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Country recognized approval (misoprostol)Yes, for gynaecological indications Misoprostol allowed to be sold or distributed by pharmacies or drug storesYes, with prescription only WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Mifepristone and misoprostol should be listed in relevant national EMLs (NEMLs) or their equivalent and should be included in the relevant clinical care/service delivery guidelines.
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Where can abortion services be providedPrimary health-care centresYes A manual vacuum aspiration can be done in a ‘first level care unit’. Secondary (district-level) health-care facilitiesNot specified
Specialized abortion care public facilitiesNot specified
Private health-care centres or clinicsYes In accordance with the federal level norm on prevention and care relating to family and sexual violence, private health care institutions may provide abortion services in case of pregnancy resulting from rape.
NGO health-care centres or clinicsNot specified
Other (if applicable)Through teleconsultation First level care units and hospitals A second trimester dilation and evacuation should be done in a hospital. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where it is lawful, abortion must be accessible in practice. This requires both ensuring that health-care facilities, commodities and services are accessible (including sufficient providers), and that law and policy on abortion is formulated, interpreted and applied in a way that is compatible with human rights. Abortion Care Guideline § 1.3.1.
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National guidelines for post-abortion careYes, guidelines issued by the government WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. National standards and guidelines for abortion care should be evidence based and periodically updated and should provide the necessary guidance to achieve equal access to comprehensive abortion care. Leadership should also promote evidence-based SRH services according to these standards and guidelines. Abortion Care Guideline § 1.3.3.
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Where can post abortion care services be providedPrimary health-care centresNot specified
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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends the option of telemedicine as an alternative to in-person interactions with the health worker to deliver medical abortion services in whole or in part. Telemedicine services should include referrals (based on the woman’s location) for medicines (abortion and pain control medicines), any abortion care or post-abortion follow-up required (including for emergency care if needed), and for post-abortion contraceptive services. Abortion Care Guideline § 3.6.1.
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Contraception included in post-abortion careYes Related documents:
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. All contraceptive options may be considered after an abortion. For individuals undergoing surgical abortion and wishing to use contraception, Abortion Care Guideline recommends the option of initiating the contraception at the time of surgical abortion. For individuals undergoing medical abortion, for those who choose to use hormonal contraception, the Abortion Care Guideline suggests that they be given the option of starting hormonal contraception immediately after the first pill of the medical abortion regimen. For those who choose to have an IUD inserted, Abortion Care Guideline suggests IUD placement at the time that success of the abortion procedure is determined. Abortion Care Guideline § 3.5.4.
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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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where user fees are charged for abortion, this should be based on careful consideration of ability to pay, and fee waivers should be available for those who are facing financial hardship and adolescent abortion seekers. As far as possible, abortion services and supplies should be mandated for coverage under insurance plans as inability to pay is not an acceptable reason to deny or delay abortion care. Furthermore, having transparent procedures in all health-care facilities can ensure that informal charges are not imposed by staff. Abortion Care Guideline § 1.4.2.
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:
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends against regulation on who can provide and manage abortion that is inconsistent with WHO guidance. Abortion Care Guideline § 3.3.8.
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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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. There is no single recommended approach to providing abortion services. The choice of specific health worker(s) (from among the recommended options) or management by the individual themself, and the location of service provision (from among recommended options) will depend on the values and preferences of the woman, girl or other pregnant person, available resources, and the national and local context. A plurality of service-delivery approaches can co-exist within any given context. Given that service-delivery approaches can be diverse, it is important to ensure that for the individual seeking care, the range of service-delivery options taken together will provide access to scientifically accurate, understandable information at all stages; access to quality-assured medicines (including those for pain management); back-up referral support if desired or needed; linkages to an appropriate choice of contraceptive services for those who want post-abortion contraception. Best Practice Statement 49 on service delivery. Abortion Care Guideline § 3.6.1.
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| 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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends that access to and continuity of comprehensive abortion care be protected against barriers created by conscientious objection. It is critical that States ensure compliance with regulations and design/organize health systems to ensure access to and continuity of quality abortion care. If it proves impossible to regulate conscientious objection in a way that respects, protects and fulfils abortion seekers’ rights, conscientious objection in abortion provision may become indefensible. Abortion Care Guideline § 3.3.9.
Additional notesA 2021 Supreme Court judgement held the parts of the 2018 Health Law that related to conscientious objection to be invalid, and directed the legislature to pass a law on the subject that was in line with the judgement. Related documents: |
Private sector providersNo Individual health-care providers who have objected are required to refer the woman to another providerYes WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends that access to and continuity of comprehensive abortion care be protected against barriers created by conscientious objection. It is critical that States ensure compliance with regulations and design/organize health systems to ensure access to and continuity of quality abortion care. If it proves impossible to regulate conscientious objection in a way that respects, protects and fulfils abortion seekers’ rights, conscientious objection in abortion provision may become indefensible. Abortion Care Guideline § 3.3.9.
Additional notesA 2021 Supreme Court judgement held the parts of the 2018 Health Law that related to conscientious objection to be invalid, and directed the legislature to pass a law on the subject that was in line with the judgement. Related documents: |
Provider type not specifiedNo Individual health-care providers who have objected are required to refer the woman to another providerYes WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends that access to and continuity of comprehensive abortion care be protected against barriers created by conscientious objection. It is critical that States ensure compliance with regulations and design/organize health systems to ensure access to and continuity of quality abortion care. If it proves impossible to regulate conscientious objection in a way that respects, protects and fulfils abortion seekers’ rights, conscientious objection in abortion provision may become indefensible. Abortion Care Guideline § 3.3.9.
Additional notesA 2021 Supreme Court judgement held the parts of the 2018 Health Law that related to conscientious objection to be invalid, and directed the legislature to pass a law on the subject that was in line with the judgement. Related documents: |
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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends that access to and continuity of comprehensive abortion care be protected against barriers created by conscientious objection. It is critical that States ensure compliance with regulations and design/organize health systems to ensure access to and continuity of quality abortion care. If it proves impossible to regulate conscientious objection in a way that respects, protects and fulfils abortion seekers’ rights, conscientious objection in abortion provision may become indefensible. Abortion Care Guideline § 3.3.9.
Additional notesA 2021 Supreme Court judgement held the parts of the 2018 Health Law that related to conscientious objection to be invalid, and directed the legislature to pass a law on the subject that was in line with the judgement. Related documents: |
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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where it is lawful, abortion must be accessible in practice. This requires both ensuring that health-care facilities, commodities and services are accessible (including sufficient providers), and that law and policy on abortion is formulated, interpreted and applied in a way that is compatible with human rights. Abortion Care Guideline § 1.3.1.
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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where it is lawful, abortion must be accessible in practice. This requires both ensuring that health-care facilities, commodities and services are accessible (including sufficient providers), and that law and policy on abortion is formulated, interpreted and applied in a way that is compatible with human rights. Abortion Care Guideline § 1.3.1.
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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where it is lawful, abortion must be accessible in practice. This requires both ensuring that health-care facilities, commodities and services are accessible (including sufficient providers), and that law and policy on abortion is formulated, interpreted and applied in a way that is compatible with human rights. Abortion Care Guideline § 1.3.1.
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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where it is lawful, abortion must be accessible in practice. This requires both ensuring that health-care facilities, commodities and services are accessible (including sufficient providers), and that law and policy on abortion is formulated, interpreted and applied in a way that is compatible with human rights. Abortion Care Guideline § 1.3.1.
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 |
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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.”
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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.”
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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;..”
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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.”
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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).”
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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."
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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.“
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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. WHO Abortion Care Guideline, p 62.
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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. WHO Abortion Care Guideline, p 62.
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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. WHO Abortion Care Guideline, p 62.
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PenaltiesIn 2021, the Supreme Court found criminalization of abortion to be unconstitutional. This decision is binding both local and federal courts. Accordingly, judges should not prescribe criminal penalties for abortions in cases before them. |
Penalties for non-consensual abortion and or negligenceNo data found |
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. WHO Abortion Care Guideline, p 62.
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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. WHO Abortion Care Guideline, p 62.
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PenaltiesARTICLE 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. WHO Abortion Care Guideline, p 62.
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PenaltiesIn 2021, the Supreme Court found criminalization of abortion to be unconstitutional. This decision is binding to both local and federal courts. Accordingly, judges should not prescribe criminal penalties for abortions in cases before them. |
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. WHO Abortion Care Guideline, p 62.
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Baja California (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesArticle 132: Abortion is the interruption 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. Article 133: A woman who voluntarily performs her abortion or consents to another having an abortion after twelve weeks of pregnancy will be imposed three months to one year in prison or 50 to 200 days of work in favor of the community. In this case, the crime of abortion will only be punished 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. WHO Abortion Care Guideline, p 62.
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PenaltiesArticle 132: Abortion is the interruption 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. Article 135: If the abortion or forced abortion is caused by a health specialist, doctor, surgeon, midwife, nurse, practitioner or health technician, in addition to the corresponding sanctions in accordance with this chapter, it will be suspended in the exercise of his profession or trade for a time equal to that of the prison sentence 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. WHO Abortion Care Guideline, p 62.
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PenaltiesIn 2021, the Supreme Court found criminalization of abortion to be unconstitutional. This decision is binding both local and federal courts. Accordingly, judges should not prescribe criminal penalties for abortions in cases before them. |
PenaltiesArticle 132: Abortion is the interruption 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. Article 134: Forced abortion is the interruption of pregnancy, at any time, without the consent of the pregnant woman. For the purposes of this article, whoever causes a woman to 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 in prison 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. WHO Abortion Care Guideline, p 62.
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Baja California Sur (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesArticle 151. Abortion is the interruption of pregnancy after the twelfth week of gestation. Article 152. A maximum of two months or sixty days of work will be imposed in favor of the community, to the woman or person with the capacity to gestate who voluntarily procures her abortion or consents to someone else for having an abortion, after the twelfth week of gestation. In this case, the crime of abortion will only be punished when it has been consummated. Whoever causes a woman or person with the capacity to gestate to abort, after the twelfth week of gestation, with her consent, will be imposed a penalty consisting of up to sixty days of work in favor of the community. 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. WHO Abortion Care Guideline, p 62.
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PenaltiesArticle 151. Abortion is the interruption of pregnancy after the twelfth week of gestation. Article 152. A maximum of two months or sixty days of work will be imposed in favor of the community, to the woman or person with the capacity to gestate who voluntarily procures her abortion or consents to someone else for having an abortion, after the twelfth week of gestation. In this case, the crime of abortion will only be punished when it has been consummated. Whoever causes a woman or person with the capacity to gestate to abort, after the twelfth week of gestation, with her consent, will be imposed a penalty consisting of up to sixty days of work in favor of the community. 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. WHO Abortion Care Guideline, p 62.
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PenaltiesArticle 151. Abortion is the interruption of pregnancy after the twelfth week of gestation. Article 152. A maximum of two months or sixty days of work will be imposed in favor of the community, to the woman or person with the capacity to gestate who voluntarily procures her abortion or consents to someone else for having an abortion, after the twelfth week of gestation. In this case, the crime of abortion will only be punished when it has been consummated. Whoever causes a woman or person with the capacity to gestate to abort, after the twelfth week of gestation, with her consent, will be imposed a penalty consisting of up to sixty days of work in favor of the community. 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. WHO Abortion Care Guideline, p 62.
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PenaltiesIn 2021, the Supreme Court found criminalization of abortion to be unconstitutional. This decision is binding both local and federal courts. Accordingly, judges should not prescribe criminal penalties for abortions in cases before them. |
PenaltiesArticle 153. Forced abortion is the interruption of pregnancy, at any time, without the consent of the pregnant woman or pregnant person. For the purposes of this article, whoever causes a woman or person with the capacity to gestate to abort, by any means without her consent, will be sentenced to three to five years in prison. If there is physical, emotional, psychological or moral violence, eight to ten years in prison will be imposed. Article 154. If the forced abortion is caused by a surgeon, midwife, nurse or intern, in addition to the sanctions that correspond to them in accordance with this chapter, they will be suspended from exercising their profession or trade for a period equal to that of the prison sentence 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. WHO Abortion Care Guideline, p 62.
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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. WHO Abortion Care Guideline, p 62.
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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. WHO Abortion Care Guideline, p 62.
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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. WHO Abortion Care Guideline, p 62.
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PenaltiesIn 2021, the Supreme Court found criminalization of abortion to be unconstitutional. This decision is binding both local and federal courts. Accordingly, judges should not prescribe criminal penalties for abortions in cases before them. |
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. WHO Abortion Care Guideline, p 62.
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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. WHO Abortion Care Guideline, p 62.
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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. WHO Abortion Care Guideline, p 62.
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PenaltiesIn 2021, the Supreme Court found criminalization of abortion to be unconstitutional. This decision is binding both local and federal courts. Accordingly, judges should not prescribe criminal penalties for abortions in cases before them. |
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. WHO Abortion Care Guideline, p 62.
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Chihuahua (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesArticle 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. WHO Abortion Care Guideline, p 62.
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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. 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. WHO Abortion Care Guideline, p 62.
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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. 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. WHO Abortion Care Guideline, p 62.
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PenaltiesIn 2021, the Supreme Court found criminalization of abortion to be unconstitutional. This decision is binding both local and federal courts. Accordingly, judges should not prescribe criminal penalties for abortions in cases before them. |
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. WHO Abortion Care Guideline, p 62.
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Coahuila (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
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PenaltiesArticle 198 (abortion committed by a doctor or doctor, midwife or midwife, nurse or nurse, or medical or nursing practitioner and the suspension of rights that cause the abortion) Abortion is committed by a doctor or doctor, midwife or midwife, nurse or nurse, or practitioner of medicine or nursing, who causes the death of the product of conception, after twenty-two weeks of gestation. Three to eight years in prison and a fine will be imposed on the doctor, midwife or midwife, nurse, or medical or nursing practitioner, who causes the death of the product of conception, after the twenty-second week of gestation . If the intentional, non-consensual or forced abortion is committed by a doctor, midwife or midwife, nurse, or medical or nursing practitioner, in addition to the penalties that correspond to him or her in accordance with this chapter, he or she will be suspended for two to six years in the exercise of their indicated profession, trade or practice. If the doctor or doctor, midwife or midwife, nurse or nurse, or medical or nursing practitioner only help to commit the intentional abortion that occurs, they will be suspended from six months to two years in the exercise of their profession, indicated trade or practice. 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. WHO Abortion Care Guideline, p 62.
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Penalties for person who assistsNo data found |
PenaltiesIn 2021, the Supreme Court found criminalization of abortion to be unconstitutional. This decision is binding both local and federal courts. Accordingly, judges should not prescribe criminal penalties for abortions in cases before them. |
PenaltiesArticle 197 (Abortion without consent or forced) Abortion is committed by someone who causes the death of the product of conception, without the consent of the pregnant woman, at any time during the pregnancy. One to three years in prison will be imposed on whoever negligently causes the abortion to the pregnant woman, without her consent. Three to eight years in prison and a fine will be imposed on whoever intentionally causes the abortion to the pregnant woman, without her consent. From six to thirteen years in prison and a fine will be imposed on whoever causes the abortion through physical violence exerted on the woman for that purpose, or exerts said violence or psycho-emotional coercion on another person who influences the woman, so that the abortion is caused. abortion or tolerate that it is 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 inflicts one or more injuries due to physical violence exerted on another person for that purpose, Said injuries must refer to those provided for in sections I and II of article 200 of this code, and if any of them is one of those provided for in sections III to VIII of the aforementioned article 200, the applicable crime contest rule will be applied. 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. WHO Abortion Care Guideline, p 62.
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Colima (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesARTICLE 138. Whoever interrupts the pregnancy after the twelfth week of gestation commits the crime of abortion. ARTICLE 139. A pregnant woman or person who provokes or consents to an abortion, once the first twelve weeks of gestation have elapsed, will be imposed from one month to three months of treatment in freedom, consisting of the application of measures comprehensive health and psychological care, with respect for their human rights. The person who makes the woman or pregnant person abort with her consent, in the terms of the previous paragraph, will be imposed fifteen days to two months in prison or fifty to one hundred days of work in favor of the community, and a fine of up to eight hundred and one thousand two hundred Updated Mediation Units. In this case, the crime will only be punished 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. WHO Abortion Care Guideline, p 62.
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PenaltiesARTICLE 138. Whoever interrupts the pregnancy after the twelfth week of gestation commits the crime of abortion. ARTICLE 139. A pregnant woman or person who provokes or consents to an abortion, once the first twelve weeks of gestation have elapsed, will be imposed from one month to three months of treatment in freedom, consisting of the application of measures comprehensive health and psychological care, with respect for their human rights. The person who makes the woman or pregnant person abort with her consent, in the terms of the previous paragraph, will be imposed fifteen days to two months in prison or fifty to one hundred days of work in favor of the community, and a fine of up to eight hundred and one thousand two hundred Updated Mediation Units. In this case, the crime will only be punished 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. WHO Abortion Care Guideline, p 62.
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PenaltiesARTICLE 138. Whoever interrupts the pregnancy after the twelfth week of gestation commits the crime of abortion. ARTICLE 139. A pregnant woman or person who provokes or consents to an abortion, once the first twelve weeks of gestation have elapsed, will be imposed from one month to three months of treatment in freedom, consisting of the application of measures comprehensive health and psychological care, with respect for their human rights. The person who makes the woman or pregnant person abort with her consent, in the terms of the previous paragraph, will be imposed fifteen days to two months in prison or fifty to one hundred days of work in favor of the community, and a fine of up to eight hundred and one thousand two hundred Updated Mediation Units. In this case, the crime will only be punished 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. WHO Abortion Care Guideline, p 62.
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PenaltiesIn 2021, the Supreme Court found criminalization of abortion to be unconstitutional. This decision is binding both local and federal courts. Accordingly, judges should not prescribe criminal penalties for abortions in cases before them. |
PenaltiesARTICLE 138. Whoever interrupts the pregnancy after the twelfth week of gestation commits the crime of abortion. ARTICLE 140. The crime of forced abortion is committed by anyone who interrupts the pregnancy of a woman or pregnant person without her consent, at any time during pregnancy. In this case, the crime of forced abortion may be sanctioned to an attempted degree, in the terms provided by this Code. Whoever causes a woman or pregnant person to abort without her consent will be sentenced to prison from three to ten years and a fine of eight hundred to one thousand two hundred Updated Mediation Units. If physical or moral violence is used, the penalties will be six to fifteen years in prison and a fine of up to eight hundred to one thousand two hundred Updated Mediation Units. ARTICLE 142. If the forced abortion is caused by a doctor, nurse or midwife, in addition to the sanctions provided, they will be suspended from three to seven years in the exercise of their profession or activity and the deprivation of this in case of habituality. 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. WHO Abortion Care Guideline, p 62.
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Durango (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesArticle 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. WHO Abortion Care Guideline, p 62.
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PenaltiesArticle 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. WHO Abortion Care Guideline, p 62.
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PenaltiesArticle 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. WHO Abortion Care Guideline, p 62.
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PenaltiesIn 2021, the Supreme Court found criminalization of abortion to be unconstitutional. This decision is binding both local and federal courts. Accordingly, judges should not prescribe criminal penalties for abortions in cases before them. |
PenaltiesArticle 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. WHO Abortion Care Guideline, p 62.
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Estado de Mexico (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesArticle 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. WHO Abortion Care Guideline, p 62.
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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. WHO Abortion Care Guideline, p 62.
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Penalties for person who assistsNo data found |
PenaltiesIn 2021, the Supreme Court found criminalization of abortion to be unconstitutional. This decision is binding both local and federal courts. Accordingly, judges should not prescribe criminal penalties for abortions in cases before them. |
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. WHO Abortion Care Guideline, p 62.
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Guanajuato (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesArticle 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. WHO Abortion Care Guideline, p 62.
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PenaltiesArticle 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. WHO Abortion Care Guideline, p 62.
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PenaltiesArticle 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. WHO Abortion Care Guideline, p 62.
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PenaltiesIn 2021, the Supreme Court found criminalization of abortion to be unconstitutional. This decision is binding both local and federal courts. Accordingly, judges should not prescribe criminal penalties for abortions in cases before them. |
PenaltiesArticle 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. WHO Abortion Care Guideline, p 62.
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Guerrero (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
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PenaltiesArticle 154: Abortion is the interruption of pregnancy. Article 155: Anyone who performs an abortion on a woman after twelve weeks of pregnancy, with her consent, will be sentenced to six months to two years in prison, with the exception of those that exclude responsibility. Article 159: Criminal responsibility for the crime of abortion with consent is excluded in the following cases: I. When the pregnancy is the result of rape or non-consensual artificial insemination, without the need for a complaint to be filed for said crimes; II. When, if the abortion is not induced, the pregnant woman is in danger of affecting her health and her life is at risk, a situation that must be based on the opinion issued by the attending physician; III. When in the opinion of a special physician, supported by specific studies, there is sufficient reason to diagnose that the product presents genetic or congenital alterations that may result in physical or mental damage, provided that the consent of the pregnant woman is obtained; IV. That it is the result of a negligent conduct of the pregnant woman; in all these cases, doctors will have the obligation to provide the pregnant woman with objective, truthful, sufficient and timely information about the procedures, risks, consequences and effects. V. When it is proven by any means that any authority has denied the pregnant woman the possibility of terminating her pregnancy within the first twelve weeks of gestation. 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. WHO Abortion Care Guideline, p 62.
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PenaltiesArticle 154: Abortion is the interruption of pregnancy. Article 155: Anyone who performs an abortion on a woman after twelve weeks of pregnancy, with her consent, will be sentenced to six months to two years in prison, with the exception of those that exclude responsibility. Article 159: Criminal responsibility for the crime of abortion with consent is excluded in the following cases: I. When the pregnancy is the result of rape or non-consensual artificial insemination, without the need for a complaint to be filed for said crimes; II. When, if the abortion is not induced, the pregnant woman is in danger of affecting her health and her life is at risk, a situation that must be based on the opinion issued by the attending physician; III. When in the opinion of a special physician, supported by specific studies, there is sufficient reason to diagnose that the product presents genetic or congenital alterations that may result in physical or mental damage, provided that the consent of the pregnant woman is obtained; IV. That it is the result of a negligent conduct of the pregnant woman; in all these cases, doctors will have the obligation to provide the pregnant woman with objective, truthful, sufficient and timely information about the procedures, risks, consequences and effects. V. When it is proven by any means that any authority has denied the pregnant woman the possibility of terminating her pregnancy within the first twelve weeks of gestation. 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. WHO Abortion Care Guideline, p 62.
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PenaltiesIn 2021, the Supreme Court found criminalization of abortion to be unconstitutional. This decision is binding both local and federal courts. Accordingly, judges should not prescribe criminal penalties for abortions in cases before them. |
PenaltiesArticle 154: Abortion is the interruption of pregnancy. Article 156: Anyone who causes a woman to abort without her consent, at any time during the pregnancy, will be sentenced to three to eight years in prison. If there is physical or moral violence, six to nine years in prison will be imposed. Article 157: If the abortion is caused by a surgeon, midwife or midwife, nurse or practitioner, and is performed without the consent of the pregnant woman, in addition to the legal consequences according to the previous article, 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. WHO Abortion Care Guideline, p 62.
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Hidalgo (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesA woman will be imprisoned from six months to one year and a fine from 10 to 40 days commits the crime of abortion. 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. WHO Abortion Care Guideline, p 62.
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PenaltiesA woman will be imprisoned from six months to one year and a fine from 10 to 40 dayscommits the crime of abortion. The same penalty shall be applied to whoever causes the woman to have an abortion with her consent. 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. WHO Abortion Care Guideline, p 62.
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PenaltiesA woman will be imprisoned from six months to one year and a fine from 10 to 40 dayscommits the crime of abortion. The same penalty shall be applied to whoever causes the woman to have an abortion with her consent. 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. WHO Abortion Care Guideline, p 62.
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PenaltiesIn 2021, the Supreme Court found criminalization of abortion to be unconstitutional. This decision is binding both local and federal courts. Accordingly, judges should not prescribe criminal penalties for abortions in cases before them. |
PenaltiesWhoever commits the crime of forced abortion will be sentenced to three to seven years in prison and40 to 150 days fine, and if there is violence, four to nine years in prison and 50 to 200 years will be imposed.fine days.If the crime of abortion is committed by a midwife, nurse or medical practitioner, in addition to thepenalties that correspond to him, the person responsible will be imposed the suspension of professional practice by atime equal to the imprisonment sentence 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. WHO Abortion Care Guideline, p 62.
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Jalisco (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesArt. 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. WHO Abortion Care Guideline, p 62.
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PenaltiesArt. 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. WHO Abortion Care Guideline, p 62.
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PenaltiesArt. 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. WHO Abortion Care Guideline, p 62.
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PenaltiesIn 2021, the Supreme Court found criminalization of abortion to be unconstitutional. This decision is binding both local and federal courts. Accordingly, judges should not prescribe criminal penalties for abortions in cases before them. |
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. WHO Abortion Care Guideline, p 62.
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Mexico City (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesArt 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. WHO Abortion Care Guideline, p 62.
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PenaltiesArt 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. WHO Abortion Care Guideline, p 62.
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PenaltiesArt 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. WHO Abortion Care Guideline, p 62.
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PenaltiesIn 2021, the Supreme Court found criminalization of abortion to be unconstitutional. This decision is binding both local and federal courts. Accordingly, judges should not prescribe criminal penalties for abortions in cases before them. |
PenaltiesArt 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. WHO Abortion Care Guideline, p 62.
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Michoacan (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesArticle 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. WHO Abortion Care Guideline, p 62.
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PenaltiesArticle 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. WHO Abortion Care Guideline, p 62.
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PenaltiesArticle 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. WHO Abortion Care Guideline, p 62.
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PenaltiesIn 2021, the Supreme Court found criminalization of abortion to be unconstitutional. This decision is binding both local and federal courts. Accordingly, judges should not prescribe criminal penalties for abortions in cases before them. |
PenaltiesArticle 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. WHO Abortion Care Guideline, p 62.
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Morelos (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesARTICLE 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. WHO Abortion Care Guideline, p 62.
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PenaltiesARTICLE 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. WHO Abortion Care Guideline, p 62.
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PenaltiesARTICLE 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. WHO Abortion Care Guideline, p 62.
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PenaltiesIn 2021, the Supreme Court found criminalization of abortion to be unconstitutional. This decision is binding both local and federal courts. Accordingly, judges should not prescribe criminal penalties for abortions in cases before them. |
PenaltiesARTICLE 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. WHO Abortion Care Guideline, p 62.
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Nayarit (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesARTICLE 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. WHO Abortion Care Guideline, p 62.
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PenaltiesARTICLE 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. WHO Abortion Care Guideline, p 62.
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PenaltiesARTICLE 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. WHO Abortion Care Guideline, p 62.
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PenaltiesIn 2021, the Supreme Court found criminalization of abortion to be unconstitutional. This decision is binding both local and federal courts. Accordingly, judges should not prescribe criminal penalties for abortions in cases before them. |
PenaltiesARTICLE 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. WHO Abortion Care Guideline, p 62.
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Nuevo Leon (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesARTICLE 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. WHO Abortion Care Guideline, p 62.
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PenaltiesARTICLE 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. WHO Abortion Care Guideline, p 62.
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PenaltiesARTICLE 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. WHO Abortion Care Guideline, p 62.
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PenaltiesIn 2021, the Supreme Court found criminalization of abortion to be unconstitutional. This decision is binding both local and federal courts. Accordingly, judges should not prescribe criminal penalties for abortions in cases before them. |
PenaltiesARTICLE 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. WHO Abortion Care Guideline, p 62.
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Oaxaca (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesARTICLE 312.- Abortion is the termination of pregnancy after the twelfth week of gestation. For the purposes of this Code, pregnancy is the part of the human reproduction process that begins with the implantation of the embryo in the endometrium. ARTICLE 315.- Three to six months in prison or 100 to 300 days of work in favor of the community will be imposed on the woman who voluntarily seeks an abortion or consents to another person having her abort, once the first few days have elapsed from the twelve weeks of gestation. The same penalty shall be applied to the person who causes the woman to abort with her consent, under the terms of the preceding paragraph. In this case, the crime of abortion will only be penalized 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. WHO Abortion Care Guideline, p 62.
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PenaltiesARTICLE 312.- Abortion is the termination of pregnancy after the twelfth week of gestation. For the purposes of this Code, pregnancy is the part of the human reproduction process that begins with the implantation of the embryo in the endometrium. ARTICLE 314.- If the abortion is caused by a doctor, surgeon, midwife or midwife, in addition to the sanctions that correspond to her in accordance with the previous Article, she will be suspended from two to five years in the exercise of her profession. ARTICLE 315.- Three to six months in prison or 100 to 300 days of work in favor of the community will be imposed on the woman who voluntarily seeks an abortion or consents to another person having her abort, once the first few days have elapsed from the twelve weeks of gestation. The same penalty shall be applied to the person who causes the woman to abort with her consent, under the terms of the preceding paragraph. In this case, the crime of abortion will only be penalized 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. WHO Abortion Care Guideline, p 62.
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PenaltiesIn 2021, the Supreme Court found criminalization of abortion to be unconstitutional. This decision is binding both local and federal courts. Accordingly, judges should not prescribe criminal penalties for abortions in cases before them. |
PenaltiesARTICLE 313.- Forced abortion is the termination of pregnancy, at any time, without the consent of the pregnant woman. In this case, the crime of forced abortion may be punished as an attempt, under the terms provided by this Code. Whoever causes a woman to abort, without her consent, will be sentenced to three to six years in prison, regardless of the means she uses. If there is also physical or moral violence, the offender will be imposed from 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. WHO Abortion Care Guideline, p 62.
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Puebla (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesArticle 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. WHO Abortion Care Guideline, p 62.
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PenaltiesArticle 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. WHO Abortion Care Guideline, p 62.
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PenaltiesArticle 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. WHO Abortion Care Guideline, p 62.
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PenaltiesIn 2021, the Supreme Court found criminalization of abortion to be unconstitutional. This decision is binding both local and federal courts. Accordingly, judges should not prescribe criminal penalties for abortions in cases before them. |
PenaltiesArticle 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. WHO Abortion Care Guideline, p 62.
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Querétaro (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesARTICLE 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. WHO Abortion Care Guideline, p 62.
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PenaltiesARTICLE 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. WHO Abortion Care Guideline, p 62.
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PenaltiesARTICLE 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. WHO Abortion Care Guideline, p 62.
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PenaltiesIn 2021, the Supreme Court found criminalization of abortion to be unconstitutional. This decision is binding both local and federal courts. Accordingly, judges should not prescribe criminal penalties for abortions in cases before them. |
PenaltiesARTICLE 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. WHO Abortion Care Guideline, p 62.
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Quintana Roo (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesArticle 92- For the purposes of this Code, abortion is the interruption of pregnancy after the twelfth week of gestation. Pregnancy is the process of human reproduction that begins with the implantation of the embryo. For the purposes of this Code, a pregnant person is understood as any person with a female reproductive system and with the capacity to gestate, regardless of age, physical appearance or sexual orientation. Article 93 - A pregnant person who seeks an abortion or consents to another having an abortion, will be imposed from six months to two years in prison. The same penalty will be applied to the person who causes the pregnant person to abort with her consent. 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. WHO Abortion Care Guideline, p 62.
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PenaltiesArticle 92- For the purposes of this Code, abortion is the interruption of pregnancy after the twelfth week of gestation. Pregnancy is the process of human reproduction that begins with the implantation of the embryo. For the purposes of this Code, a pregnant person is understood as any person with a female reproductive system and with the capacity to gestate, regardless of age, physical appearance or sexual orientation. Article 93 - A pregnant person who seeks an abortion or consents to another having an abortion, will be imposed from six months to two years in prison. The same penalty will be applied to the person who causes the pregnant person to abort with her consent. 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. WHO Abortion Care Guideline, p 62.
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PenaltiesArticle 92- For the purposes of this Code, abortion is the interruption of pregnancy after the twelfth week of gestation. Pregnancy is the process of human reproduction that begins with the implantation of the embryo. For the purposes of this Code, a pregnant person is understood as any person with a female reproductive system and with the capacity to gestate, regardless of age, physical appearance or sexual orientation. Article 93 - A pregnant person who seeks an abortion or consents to another having an abortion, will be imposed from six months to two years in prison. The same penalty will be applied to the person who causes the pregnant person to abort with her consent. 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. WHO Abortion Care Guideline, p 62.
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PenaltiesIn 2021, the Supreme Court found criminalization of abortion to be unconstitutional. This decision is binding both local and federal courts. Accordingly, judges should not prescribe criminal penalties for abortions in cases before them. |
PenaltiesArticle 94- Forced abortion is the interruption of pregnancy, at any time, without the consent of the pregnant person. Whoever performs a forced abortion will be sentenced to three to eight years in prison, and if there is violence, from four to nine years. Article 95-If medical personnel, midwives or nurses intervene in the punishable or forced abortion, they will also be suspended from the exercise of their profession for 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. WHO Abortion Care Guideline, p 62.
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San Luis Potosi (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesARTICLE 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. WHO Abortion Care Guideline, p 62.
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PenaltiesARTICLE 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. WHO Abortion Care Guideline, p 62.
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PenaltiesARTICLE 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. WHO Abortion Care Guideline, p 62.
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PenaltiesIn 2021, the Supreme Court found criminalization of abortion to be unconstitutional. This decision is binding both local and federal courts. Accordingly, judges should not prescribe criminal penalties for abortions in cases before them. |
PenaltiesARTICLE 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. WHO Abortion Care Guideline, p 62.
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Sinaloa (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesARTICLE 154. The crime of termination of pregnancy is committed by the woman or pregnant person who terminates the gestation process after the thirteenth week. For purposes of this code, pregnancy is the part of the human reproductive process that begins with the implantation of the embryo in the endometrium. ARTICLE 155. A woman or pregnant person who self-procures or consents to the interruption of the pregnancy once the first thirteen weeks of gestation have elapsed, will be given a private reprimand and one to three months of comprehensive measures. For the purposes of the sanction imposed, the judge must consider the individualized circumstances of the woman or pregnant person, through opinions issued by specialized experts for the comprehensive measure to be determined. The person who interrupts the pregnancy of the woman or pregnant person with her consent, under the terms of the first paragraph of this article, will be imposed from twenty to fifty days of work in favor of the community or from two hundred to seven hundred days penalty fee. In these cases, the crime will only be penalized when it has been committed. According to this code, a pregnant person is one who, having a different gender identity from that of a woman, her body has the capacity to gestate. 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. WHO Abortion Care Guideline, p 62.
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PenaltiesARTICLE 154. The crime of termination of pregnancy is committed by the woman or pregnant person who terminates the gestation process after the thirteenth week. For purposes of this code, pregnancy is the part of the human reproductive process that begins with the implantation of the embryo in the endometrium. ARTICLE 155. A woman or pregnant person who self-procures or consents to the interruption of the pregnancy once the first thirteen weeks of gestation have elapsed, will be given a private reprimand and one to three months of comprehensive measures. For the purposes of the sanction imposed, the judge must consider the individualized circumstances of the woman or pregnant person, through opinions issued by specialized experts for the comprehensive measure to be determined. The person who interrupts the pregnancy of the woman or pregnant person with her consent, under the terms of the first paragraph of this article, will be imposed from twenty to fifty days of work in favor of the community or from two hundred to seven hundred days penalty fee. In these cases, the crime will only be penalized when it has been committed. According to this code, a pregnant person is one who, having a different gender identity from that of a woman, her body has the capacity to gestate. 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. WHO Abortion Care Guideline, p 62.
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Penalties for person who assistsNo data found |
PenaltiesIn 2021, the Supreme Court found criminalization of abortion to be unconstitutional. This decision is binding both local and federal courts. Accordingly, judges should not prescribe criminal penalties for abortions in cases before them. |
PenaltiesARTICLE 156. The crime of forced interruption of pregnancy is committed by the person who by any means and at any time produces or practices the early termination of the gestation process to the woman or pregnant person without her consent. The crime of forced interruption of pregnancy may be punished as an attempt, under the terms set forth in this Code. ARTICLE 157. The person who commits the crime of forced interruption of pregnancy will be imposed from two to eight years in prison. If with the forced interruption of the pregnancy there is also the loss of fitness or reproductive capacity of the victim, or if deceit, physical or moral violence is used, three to nine years in prison will be imposed. If the crime of forced interruption of pregnancy was caused by medical or nursing professionals, in addition to the sanctions that correspond to them, they will be suspended from two 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. WHO Abortion Care Guideline, p 62.
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Sonora (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesARTICLE 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. WHO Abortion Care Guideline, p 62.
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PenaltiesARTICLE 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. WHO Abortion Care Guideline, p 62.
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Penalties for person who assistsNo data found |
PenaltiesIn 2021, the Supreme Court found criminalization of abortion to be unconstitutional. This decision is binding both local and federal courts. Accordingly, judges should not prescribe criminal penalties for abortions in cases before them. |
PenaltiesARTICLE 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. WHO Abortion Care Guideline, p 62.
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Tabasco (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesArticle 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. WHO Abortion Care Guideline, p 62.
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PenaltiesArticle 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. WHO Abortion Care Guideline, p 62.
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PenaltiesArticle 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. WHO Abortion Care Guideline, p 62.
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PenaltiesIn 2021, the Supreme Court found criminalization of abortion to be unconstitutional. This decision is binding both local and federal courts. Accordingly, judges should not prescribe criminal penalties for abortions in cases before them. |
PenaltiesArticle 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. WHO Abortion Care Guideline, p 62.
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Tamaulipas (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesARTICLE 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. WHO Abortion Care Guideline, p 62.
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PenaltiesARTICLE 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. WHO Abortion Care Guideline, p 62.
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PenaltiesARTICLE 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. WHO Abortion Care Guideline, p 62.
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PenaltiesIn 2021, the Supreme Court found criminalization of abortion to be unconstitutional. This decision is binding both local and federal courts. Accordingly, judges should not prescribe criminal penalties for abortions in cases before them. |
PenaltiesARTICLE 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. WHO Abortion Care Guideline, p 62.
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Tlaxcala (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesArticle 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. WHO Abortion Care Guideline, p 62.
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PenaltiesArticle 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. WHO Abortion Care Guideline, p 62.
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PenaltiesArticle 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. WHO Abortion Care Guideline, p 62.
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PenaltiesIn 2021, the Supreme Court found criminalization of abortion to be unconstitutional. This decision is binding both local and federal courts. Accordingly, judges should not prescribe criminal penalties for abortions in cases before them. |
PenaltiesArticle 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. WHO Abortion Care Guideline, p 62.
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Veracruz (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesArticle 149. A person who interrupts the pregnancy after the twelfth week of gestation commits the crime of abortion. Article 150.-A woman who is provoked or consents to an abortion, once the first twelve weeks of gestation have elapsed, she will be imposed from 15 days to two months of treatment in freedom, consisting of the application of comprehensive measures of health, with respect to their human rights. The person who causes the woman to abort with her consent, under the terms of the preceding paragraph, will be imposed from fifteen days to two months in prison or from fifty to one hundred days of work in favor of the community, and a fine of up to seventy and five days of UMA (Unit of measurement and updating). In this case, the crime will only be penalized when it has been committed. 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. WHO Abortion Care Guideline, p 62.
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PenaltiesArticle 149. A person who interrupts the pregnancy after the twelfth week of gestation commits the crime of abortion. Article 150.-A woman who is provoked or consents to an abortion, once the first twelve weeks of gestation have elapsed, she will be imposed from 15 days to two months of treatment in freedom, consisting of the application of comprehensive measures of health, with respect to their human rights. The person who causes the woman to abort with her consent, under the terms of the preceding paragraph, will be imposed from fifteen days to two months in prison or from fifty to one hundred days of work in favor of the community, and a fine of up to seventy and five days of UMA (Unit of measurement and updating). In this case, the crime will only be penalized when it has been committed. 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. WHO Abortion Care Guideline, p 62.
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PenaltiesArticle 149. A person who interrupts the pregnancy after the twelfth week of gestation commits the crime of abortion. Article 150.-A woman who is provoked or consents to an abortion, once the first twelve weeks of gestation have elapsed, she will be imposed from 15 days to two months of treatment in freedom, consisting of the application of comprehensive measures of health, with respect to their human rights. The person who causes the woman to abort with her consent, under the terms of the preceding paragraph, will be imposed from fifteen days to two months in prison or from fifty to one hundred days of work in favor of the community, and a fine of up to seventy and five days of UMA (Unit of measurement and updating). In this case, the crime will only be penalized when it has been committed. 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. WHO Abortion Care Guideline, p 62.
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PenaltiesIn 2021, the Supreme Court found criminalization of abortion to be unconstitutional. This decision is binding both local and federal courts. Accordingly, judges should not prescribe criminal penalties for abortions in cases before them. |
PenaltiesArticle 151.-The crime of forced abortion is committed by anyone who interrupts a woman's pregnancy without her consent, at any time during the pregnancy. In this case, the crime of forced abortion may be punished as an attempt, under the terms provided by this Code. Whoever made a woman abort without her consent will be imprisoned from three to ten years and a fine of up to one hundred days of Updating Measurement Unit. 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 UMA (Unit of measurement and updating). Article 153.-If the forced abortion was caused 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. 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. WHO Abortion Care Guideline, p 62.
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Yucatan (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesARTICLE 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. WHO Abortion Care Guideline, p 62.
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PenaltiesARTICLE 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. WHO Abortion Care Guideline, p 62.
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PenaltiesARTICLE 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. WHO Abortion Care Guideline, p 62.
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PenaltiesIn 2021, the Supreme Court found criminalization of abortion to be unconstitutional. This decision is binding both local and federal courts. Accordingly, judges should not prescribe criminal penalties for abortions in cases before them. |
PenaltiesARTICLE 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. WHO Abortion Care Guideline, p 62.
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Zacatecase (Mexico) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesARTICLE 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. WHO Abortion Care Guideline, p 62.
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PenaltiesARTICLE 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. WHO Abortion Care Guideline, p 62.
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PenaltiesARTICLE 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. WHO Abortion Care Guideline, p 62.
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PenaltiesIn 2021, the Supreme Court found criminalization of abortion to be unconstitutional. This decision is binding both local and federal courts. Accordingly, judges should not prescribe criminal penalties for abortions in cases before them. |
Penalties310. 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. WHO Abortion Care Guideline, p 62.
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