Female Sexual and Reproductive Health Beyond Foetal Right to Life : A Comparative Analysis of Gender Equality in Mexican Criminal Law with Relation to Abortion

• Main Author: Tello Garcia, Selma Geovanna
• Format: Others
• Language: English
• Published: Malmö universitet, Malmö högskola, Institutionen för globala politiska studier (GPS) 2020
• Subjects: Abortion; Law; Women; Foetus; Reproductive Health; Social Sciences; Samhällsvetenskap
• Online Access: http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-36668

The aim of this study has been to analyse the ways Mexican states articulates the actions of women undergoing an abortion and the effects it has on criminal sanctions specified for women. This study analyses the criminal code of Mexico City which decriminalised abortion in 2007, the criminal code of Jalisco reformed in 2009 and the criminal code of Yucatán reformed in 2009. The discrimination of women had been the major concern of International Human Rights Law as well as feminist jurisprudence. This research has attempted to problematise and highlight different aspects of discrimination taking place in Mexican law. Feminist liberal theory and radical feminism had been placed to analyse the criminal codes governing Mexican abortion law. Thus, in this thesis, the problems of women to access legal abortion had been discussed as a problem of discrimination based on sex. Therefore, this study does not touch upon tensions between the foetus and the mother but the conflict that emerges in the ways the law thinks of women.