In a day marked by social debate and intense citizen participation, the Congress of the State of Aguascalientes, Mexico, approved a reform to its Penal Code that establishes a new and firm limit for legal abortion, reducing the period from twelve to six weeks of gestation. This decision was supported by 19 votes in favor.

The reform, which modifies Articles 101, 102, 103, and 196 of the Penal Code, not only represents a significant legal change but also reflects a commitment to ensure a balance between the right to decide, as mandated by the Supreme Court, and, within that framework, the greatest possible protection for the life of the unborn person.

As stated in the bill’s findings, “In the words of Norberto Bobbio, the rights of the unborn child can only be met in one way: by allowing it to be born. In contrast, the ‘rights’ of the woman that may conflict with the life of the unborn human being can be addressed in different ways, not solely through the death of the unborn child.”

Main Legal Amendments

The amendments introduced in the legislation are of great relevance and have a direct impact on the state’s regulation of abortion. Among the most notable amendments are:

  1. Reduction of the Abortion Limit: Article 101 has been amended to establish that abortion is considered legal only “up to the sixth week of gestation.” Previously, it was permitted until the twelfth week.
  2. Exoneration from Criminal Liability:

A) Therapeutic abortion is repealed. This is because there is no crime in medically treating a woman whose life is at risk, even if the indirect and unintended result of the treatment is the death of the fetus.

B) To qualify as a miscarriage, the opinions of two medical specialists must concur.

  • Judicial Responsibility for Health Professionals: If a doctor, surgeon, or midwife performs an abortion outside the allowed timeframe, they will face prison sentences ranging from six months to one year, as well as fines of 1,500 to 2,000 days’ wages. This means that health professionals will have a clear incentive to adhere to the new law, as well as an obligation to act within the legal framework.
  • Terminology: The amendment also changes terminology by eliminating gender-neutral language that referred to “gestating persons” in favor of the clearer and more specific term “pregnant woman.” This change denotes an intention to affirm the biological and social identity of those experiencing pregnancy, avoiding confusion and clarifying the focus of the legislation.
  • Crime of Abortion: Finally, Article 196 of the Penal Code has been redefined to consider it a crime of abortion when the death of the unborn occurs at any time during pregnancy. The established penalties in this context range from six months to two years of imprisonment, unless it can be demonstrated that the abortion was caused by the woman’s culpable behavior, in which case there is no criminal liability under this article. This legislative approach seeks to establish a framework emphasizing moral responsibility in the active practice of abortion.

Reflection and Social Context

This amendment seeks to raise awareness about the humanity of the unborn child. A limit of six weeks is established because, before this time frame, the woman has the opportunity to detect her pregnancy if she wishes to stop it. After this period, the bill highlights that the heartbeat is clearly audible, which represents an unmistakable sign of the existence of life. Additionally, it is argued that, as time progresses, greater value is recognized for the unborn child. Therefore, the period between the confirmation of pregnancy and the detection of the heartbeat is considered sufficient for the mother to exercise her right to decide, as established by the Supreme Court.

Read the Spanish version of this article here.

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