SCJN declared unconstitutional to recognize “human life by conception”

The Supreme Court of Justice of the Nation (SCJN) determined this Thursday, September 9 that it is unconstitutional to recognize human life from conception, a precept that has been used to persecute and penalize women who have terminated their pregnancy.

The SCJN Superior Room drew a complaint regarding the local constitution of Sinaloa, which also weighs the rights of a person born with an unborn product resulting from fertilization in its various stages: embryo, zygote or fetus.

In this logic, the government of Sinaloa has established to provide identical protection to people born with respect to “human life from conception”, which, according to the argument provided by Alfredo Gutiérrez Ortiz Mena, Minister who attended the draft opinion, rejected and condemned as contrary to the Political Constitution of the United Mexican States (CPEUM).

The minister explained that the inclusion of this type of clause in local constitutions is inadmissible in the eyes of the Carta Magna, for having incurred the violation of the fundamental rights of women and pregnant persons.

“Our whole legal system, with its obligations and rights, is linked to the concept of ‘person’ and this concept always presupposes a born human being. This shows that to assert that the embryo or the fetus are persons implies adopting an extremely inarticulate approach with the rest of the legal world ”

This determination ensured that by equating an unborn product with a human being, The reproductive decision-making and autonomy rights of women and pregnant people are violated, co-opting, mainly women, to be reduced to instruments of reproduction at the cost of a violation of their right to desired motherhood.

Later, with the participation of other magistrates, there was an abundance of local law law to define this type of case. That is, so that this border problem it is not repeated in other states, it was therefore requested to modify the project in the sense that if you create a precedent to avoid this discussion again.

Finally, this project was voted by the Superior Chamber which directs Arturo Zaldivar, who unanimously decided that the project presented by Ortiz Mena proceeds, with which it was approved only in local constitutions the concept of person cannot be equated with that of “life from conception”, in terms of human rights.

The project recently approved by Mexico’s highest judicial institution pays for the series of ratifications it has generated in matters of promotion of the rights of women and pregnant persons, because recently the SCJN also declared unconstitutional the criminalization of those who abort.

Just this Monday, September 6, the magistrate of Supreme Court, Luis María Aguilar Morales, stipulated a thesis in which he asserted that the persecution and punishment against women who performed abortions was contrary to the CPEUMtherefore, according to him, the The State must guarantee their assistance in the exercise of their right of decision, instead of sanctioning whoever does.

She explained that the right to decide is understood as the “freedom that allows women to choose who they want to be in relation to the possibility of procreating, considering that motherhood underlies the notion of will and desire for personal life to go through this facet”.

“Woman can freely dispose of herself and can construct her life story and her destiny independently and free from imposition or transgressions.”

And he argued that otherwise, patterns that violate his dignity and personal autonomy would be perpetuated, as it would be implied that these “can be modulated and limited on the basis of assumptions, based on a social construct that, rather than independent people, configure them only as an instrument of procreation”.

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