Minister Espinosa specified that the core of the debate is not the decriminalization of abortion, in force in Mexico since 2023, but rather the reduction in the number of weeks allowed to legally terminate a pregnancy.
Mexico City, December 16 (However).- The plenary session of the Supreme Court of Justice of the Nation (SCJN) will discuss in January 2026 a draft sentence what he proposes invalidate the reform approved in Aguascalientes to reduce 12 a six weeks the deadline to access the Legal Termination of Pregnancy (WITH)considering that it is a regressive measure that practically nullifies the right of women and people with the capacity to conceive to decide.
The project, prepared by the presentation of Minister Irving Espinosa based on the unconstitutionality actions 172/2024 and 173/2024, maintains that the criminal law It is not a valid constitutional means to protect unborn life and that the arbitrary reduction of terms violates fundamental rights. The matter is listed for discussion next January 6in the first session of the new integration of the Courtafter the opening of the regular period of sessions on the 5th.
In a meeting with journalists, Minister Espinosa specified that the core of the debate is not the decriminalization of abortion, in force in Mexico since 2023, but the reduction in the number of weeks allowed to legally terminate a pregnancy. “So, this is the reason for the discussion. The problem is that it is reduced,” he said.
Minister Loretta Ortiz, for her part, stressed that the Court already has solid jurisprudence on the matter and provided the scientific basis that supports the 12-week period. “Scientifically there is a difference of twelve to six weeks. When 12 weeks is the exact point when the cerebral cortex begins to form; before we had a zygote,” he explained, announcing that the discussion will focus on the constitutionality of the reduction.
For his part, Minister President Hugo Aguilar Ortiz contextualized the relevance of the issue by recalling that the Court’s jurisprudence is more than five years old and covers not only the right to abortion, but also access to health services and methods such as the morning-after pill. He also warned that several federal entities have not harmonized their legislation and remain in breach of mandatory criteria of the highest court.
Minister Giovanni Figueroa said that there is a “complexity of the debate”, as it is a “tough” issue linked to bioethical considerations, and maintained that the Court must review, case by case, the constitutionality of state regulations related to the interruption of pregnancy through unconstitutionality actions.
In contrast, the Catholic Church expressed its rejection of the project in the weekly editorial From Faithwhere he described the proposal as a “total lack of protection for unborn babies.” Given these positions, the ministers indicated that they cannot advance their criteria so as not to be prevented from participating in the deliberation, and reiterated that the January debate will not be about the decriminalization of abortion in the country, but rather about the constitutional validity of reducing the legal period to exercise that right.