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DE RUEHME #1634/01 1621428
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R 111428Z JUN 09
FM AMEMBASSY MEXICO
TO RUEHC/SECSTATE WASHDC 6864
INFO RUEHXC/ALL US CONSULATES IN MEXICO COLLECTIVE

UNCLAS SECTION 01 OF 02 MEXICO 001634 
 
SIPDIS 
 
STATE FOR WHA/MEX, G/WI AND AID 
 
E.O. 12958: N/A 
TAGS: KWMN PGOV PHUM PINR PREL
SUBJECT: CONSENSUS ELUDES MEXICANS ON ABORTION 
 
¶1.  Unclassified - Entire text. 
 
¶2.   Summary:  A little more than two years after Mexico City 
moved to liberalize abortion within the Federal District, the 
decision remains controversial.   The public is split on the 
issue of whether a woman should be able to seek an abortion 
during the first trimester of pregnancy.  There are moves 
afoot in many states to either toughen or relax existing 
legislation.  The PAN-led federal government remains firmly 
opposed to liberalization of the prevailing abortion regime 
in Mexico and the issue is one which will not likely be 
resolved in coming years. End Summary. 
 
¶3.  Mexico's constitution establishes the right of 
individuals to decide Q&the number of children desired and 
the timing between each of them.Q8 The Federal Penal Code 
provides for abortion when pregnancy results from rape, and 
when serious health conditions would endanger a woman's life, 
or when severe birth defects would make life non-viable after 
birth.  In most states, abortions are legal only in the above 
specified circumstances.  While a number of Mexican states 
are contemplating bills liberalizing abortion, legalization 
of abortion on demand in Mexico City in early 2007 remains 
controversial among a majority of Mexico's citizens. (In 
practice, NGOs report, illegal abortion is widely practiced 
in Mexico, often in unsanitary and dangerous circumstances.) 
 
Public's Views Mixed, Influenced by Church and Politics 
--------------------------------------------- ---------- 
 
¶4.  Public tolerance of the practice varies widely from state 
to state, influenced by Mexico's strong Catholic tradition. 
Though many Mexicans are only nominally Catholic, the 
influence of the Church in social and cultural matters 
remains. Outside of Mexico City, a majority are opposed to 
broadening abortion rights. A March 2009 Parametr!a survey 
found that countrywide, 58 percent of those surveyed said 
that they believed a woman should not be allowed receive an 
abortion in the first trimester of pregnancy. Only 23 percent 
said they believed she should not be sanctioned for seeking 
such an abortion, while 15 percent said they were unsure. 
(Even in Mexico City, whose residents often take more liberal 
positions on a variety of social and cultural issues, only 44 
percent said they believed a woman should be allowed an 
abortion in the first trimester. No polls exist to gauge the 
extent to which there is a regional divide between the 
generally poor, rural southern states and relatively more 
prosperous north. 
 
¶5.  Partisan politics has also shaped public opinion. Social 
conservatism has long defined Pan's platform and as a party 
PAN has taken a strong position against abortion both at the 
federal level and in the eight states it governs. During the 
2006 campaign, candidate Felipe Calderon declared himself to 
be pro-life, and as president he continues to condemn 
abortion and has said that he personally believes women who 
become pregnant as a result of rape should carry the child to 
term. By contrast, PRD has declared itself in favor of 
liberalized abortion rights. PRI has not taken a position as 
a party. 
 
Mexico City Law Raises Issue's Profile 
-------------------------------------- 
 
¶6.  The issue was thrown into sharp focus in early 2007, when 
Mexico City's Legislative Assembly began discussing a PRD 
(the city's majority party) initiative to liberalize the 
right to abortion within the Federal District.  Over the 
course of several weeks, the nation's attention was riveted 
on the often heated exchanges among city lawmakers, with 
national political, social and cultural leaders weighing in. 
 The discussion culminated in the passage of the bill in late 
April by a solid majority.  When Mexico's Supreme Court took 
up a challenge to the new law, the controversy continued. The 
issue made for strange political bedfellows at times.  During 
the high court's deliberations, Attorney General Eduardo 
Medina Mora and national human rights Ombudsman JosQ Luis 
Soberanes (who find themselves at odds on most other issues) 
argued the unconstitutionality of the city law, saying that 
Mexico City was not legally able to make health laws.  PAN 
weighed in as a party, airing TV spots condemning abortion 
that featured popular actors and comedians, and tied 
opposition PRI and PRD to what it characterized as an immoral 
decision to liberalize the abortion law in Mexico City. 
Nevertheless, in August 2008 the court voted 8-3 to recognize 
the validity of the new law and told the states that they had 
the right to similarly consider abortion legislation. 
 
¶7.  Despite the court's recognition of a sub-federal entities 
right to legislate on an important national health issue, the 
ruling has not exactly resulted in a sea change among the 
 
MEXICO 00001634  002 OF 002 
 
 
states. States such as Campeche, Baja California, Colima, 
Durango, Guanajuato, Jalisco, Morelos, Nayarit, Puebla, 
Quintana Roo, San Luis Potosi and Sonora passed legislation 
in the past two years re-affirming the illegality of abortion 
except in the carefully prescribed circumstances outlined 
above. One state, Yucatan, has moved in the opposite 
direction (though not as far as Mexico City) and enacted a 
law permitting abortion when a woman can prove Q&economic 
hardshipQ8 if she already has three or more children. 
 
New Federal Standards Established for Rape/Abortion Cases 
--------------------------------------------- ------------ 
 
¶8.  At the same time, the federal government has moved to 
clarify Mexico's existing abortion regime in cases involving 
rape. In conformity with a commitment made to the 
Inter-American Human Rights Commission (related to a ten year 
old case in which a teenage girl was denied an abortion by 
state officials in Baja California), Mexico's Health 
Secretariat issued in April of this year an executive 
directive to the states requiring a standard response to rape 
cases in which the victim is seeking to prevent or end an 
unwanted pregnancy stemming from the crime.  Some 
pro-abortion NGO's claimed a modest victory in regulations 
requiring a response by state health authorities no more than 
120 hours after a confirmed rape, provision of emergency 
Q&morning afterQ8 contraception, as well as abortion on 
demand in rape cases.  Such organizations, however, noted 
that the regulations require written authorization by law 
enforcement authorities who must certify that a rape had 
taken place (for victims under 18 a parent or guardian must 
also provide authorization).  The NGOs also criticized 
counseling guidelines medical personnel must use with victims 
that they say are designed to dissuade her from seeking 
emergency contraception or an abortion.  NGO's critical of 
the new standards issued by the Ministry say that in sum they 
impose time-consuming bureaucratic hurdles a rape victim must 
overcome before receiving assistance and make it likely many 
women will not receive attention in time. 
 
¶9.  Comment:  Public health NGOQ,s believe that hundreds of 
thousands of illegal abortions are performed in Mexico each 
year, in largely inadequate health conditions, and that each 
year hundreds of women die as a result. Like in the U.S. the 
issue has been a polemical one, resulting in a slew of 
contrasting legal initiatives presented.   Those who 
promoting liberalizing Mexico's abortion laws nationwide say 
doing so will  help save the lives of hundreds of young 
women.  Many Mexicans, however, remain convinced that the 
current restrictive regime that remains in place outside of 
Mexico City is more in keeping with the country's moral 
values.   End Comment. 
Visit Mexico City's Classified Web Site at 
http://www.state.sgov.gov/p/wha/mexicocity and the North American 
Partnership Blog at http://www.intelink.gov/communities/state/nap / 
 
WILLIARD