Guadalajara, Mexico, Oct 18 (EFE).- Experts and feminist groups are working to generalize access to abortion in Jalisco, the third most populous state in Mexico, following the reform that decriminalized the procedure up to 12 weeks.
Violeta Sandoval, a lawyer specializing in human rights, told EFE that two weeks after the reform, which allows abortion up to the 12th week of pregnancy in the Jalisco Penal Code, there is a feeling that the initiative falls short and leaves legal gaps.
“It fulfills the minimum requirement, which was this extension to 12 weeks, in line with Mexico City legislation. It decriminalizes it somewhat, because (the concept of abortion) remains in the Penal Code,” she said in an interview with EFE.
On Oct. 4, the state congress, one of the most conservative in the country, approved the removal of the article that defined abortion as a crime and amended another section to allow the procedure up to the 12th week of pregnancy, in addition to introducing other grounds to exempt women from any punishment.
This change was mandatory as, in April, a federal court declared the articles of the local Penal Code that prohibited elective abortion unconstitutional and ordered the local Congress to eliminate them.
Sandoval stated that while this decision is a small step toward guaranteeing sexual and reproductive rights, it is necessary for Congress to review Article 4 of the state Constitution, which recognizes the protection of life from the moment of fertilization, and to create a specific law regarding abortion.
“And beyond the laws, we need to discuss what the professional training of health workers will look like and a specific law that determines how the service will be provided,” she stressed.
Conscientious objection
Since 2021, eight hospitals in Jalisco have handled cases of legal interruption of pregnancy under the four grounds that were permitted by law until September, including sexual assault. However, many of those who go to the clinics are refused the procedure by medical staff, have to endure interrogations or ultrasounds to force them to see the embryo, or are told that there are no doctors available to perform the abortion, sexologist Alan Ortiz told EFE.
The doctor, who has worked in public health institutions, said that many health professionals prioritize their personal opinions over their public duty and label themselves as conscientious objectors, meaning they exempt themselves from the possibility of performing abortions for ethical reasons.
“There were (non-objectors) my colleague and I, and that’s it,” said the expert, who reported that some residents were forced to sign as conscientious objectors to avoid performing the procedure.
According to an investigation by local Channel 44, eight out of 10 doctors working in legal abortion clinics claim to be conscientious objectors.
Johana Sosa, from the Marías contraception collective in Lagos de Moreno, reported that in this municipality, public clinics do not even handle sexual assault cases. Both the regional hospital and the one in Tepatitlán, which women also frequented, stopped offering the service because doctors refused to perform the abortions.
“The minimum we can expect is that this right can be guaranteed and that women receive dignified care, respectful treatment, free from stigma, violence, and prejudice when they receive attention,” concluded Sosa. EFE
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