Abortion Lawfare in Mexico's Supreme Court: Between the Right to Health and Subnational Autonomy
Abstract This article addresses Mexico's contentious politics of abortion, legal frames, and the role of the Supreme Court. In Mexico's federal system, subnational legislatures have been the principal site of abortion lawfare, with initiatives passed to both decriminalize and restrict acce...
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| Format: | Article |
| Language: | English |
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Fundação Getúlio Vargas, Escola de Direito
2021-12-01
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| Series: | Revista Direito GV |
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| Online Access: | http://www.scielo.br/scielo.php?script=sci_arttext&pid=S1808-24322021000300401&tlng=en |
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| _version_ | 1832573921891713024 |
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| author | Rachel Sieder Yacotzin Bravo Espinosa |
| author_facet | Rachel Sieder Yacotzin Bravo Espinosa |
| author_sort | Rachel Sieder |
| collection | DOAJ |
| description | Abstract This article addresses Mexico's contentious politics of abortion, legal frames, and the role of the Supreme Court. In Mexico's federal system, subnational legislatures have been the principal site of abortion lawfare, with initiatives passed to both decriminalize and restrict access to abortion, pitting frames of women's rights to health against the fetal “right to life from the moment of conception.” In this article we offer a detailed mapping of critical junctures in Mexico's abortion lawfare since 2007, based on a review of draft decisions, public transcripts, and final rulings of the Supreme Court. We suggest that while the Court has appeared largely reactive to different legislative initiatives and legal challenges, failing to produce definitive rulings affirming women's universal right to abortion, its assertion of federal authority and its increasingly restricted reading of the scope of states’ policy-making powers has in practice favored the arguments put forward by the pro-choice movement, reaffirming and even expanding women's sexual and reproductive rights. We highlight a key area for future comparative inquiry on sexual and reproductive rights lawfare in Latin America: the interplay between supreme courts and subnational legislatures in federal systems, and the ways that this shapes movement and counter-movement framings and strategies. |
| format | Article |
| id | doaj-art-baacf2cc3124476880243460770dcc36 |
| institution | Kabale University |
| issn | 2317-6172 |
| language | English |
| publishDate | 2021-12-01 |
| publisher | Fundação Getúlio Vargas, Escola de Direito |
| record_format | Article |
| series | Revista Direito GV |
| spelling | doaj-art-baacf2cc3124476880243460770dcc362025-02-02T02:27:50ZengFundação Getúlio Vargas, Escola de DireitoRevista Direito GV2317-61722021-12-0117310.1590/2317-6172202138Abortion Lawfare in Mexico's Supreme Court: Between the Right to Health and Subnational AutonomyRachel Siederhttps://orcid.org/0000-0002-3295-4760Yacotzin Bravo Espinosahttps://orcid.org/0000-0002-9298-0856Abstract This article addresses Mexico's contentious politics of abortion, legal frames, and the role of the Supreme Court. In Mexico's federal system, subnational legislatures have been the principal site of abortion lawfare, with initiatives passed to both decriminalize and restrict access to abortion, pitting frames of women's rights to health against the fetal “right to life from the moment of conception.” In this article we offer a detailed mapping of critical junctures in Mexico's abortion lawfare since 2007, based on a review of draft decisions, public transcripts, and final rulings of the Supreme Court. We suggest that while the Court has appeared largely reactive to different legislative initiatives and legal challenges, failing to produce definitive rulings affirming women's universal right to abortion, its assertion of federal authority and its increasingly restricted reading of the scope of states’ policy-making powers has in practice favored the arguments put forward by the pro-choice movement, reaffirming and even expanding women's sexual and reproductive rights. We highlight a key area for future comparative inquiry on sexual and reproductive rights lawfare in Latin America: the interplay between supreme courts and subnational legislatures in federal systems, and the ways that this shapes movement and counter-movement framings and strategies.http://www.scielo.br/scielo.php?script=sci_arttext&pid=S1808-24322021000300401&tlng=enAbortioncriminalizationjudicializationfederalismright to life from the moment of conception |
| spellingShingle | Rachel Sieder Yacotzin Bravo Espinosa Abortion Lawfare in Mexico's Supreme Court: Between the Right to Health and Subnational Autonomy Revista Direito GV Abortion criminalization judicialization federalism right to life from the moment of conception |
| title | Abortion Lawfare in Mexico's Supreme Court: Between the Right to Health and Subnational Autonomy |
| title_full | Abortion Lawfare in Mexico's Supreme Court: Between the Right to Health and Subnational Autonomy |
| title_fullStr | Abortion Lawfare in Mexico's Supreme Court: Between the Right to Health and Subnational Autonomy |
| title_full_unstemmed | Abortion Lawfare in Mexico's Supreme Court: Between the Right to Health and Subnational Autonomy |
| title_short | Abortion Lawfare in Mexico's Supreme Court: Between the Right to Health and Subnational Autonomy |
| title_sort | abortion lawfare in mexico s supreme court between the right to health and subnational autonomy |
| topic | Abortion criminalization judicialization federalism right to life from the moment of conception |
| url | http://www.scielo.br/scielo.php?script=sci_arttext&pid=S1808-24322021000300401&tlng=en |
| work_keys_str_mv | AT rachelsieder abortionlawfareinmexicossupremecourtbetweentherighttohealthandsubnationalautonomy AT yacotzinbravoespinosa abortionlawfareinmexicossupremecourtbetweentherighttohealthandsubnationalautonomy |