On May 9, my home state of Guanajuato, Mexico did the unexpected–amended the state constitution and banned ALL forms of abortion by guaranteeing the right to life from the moment of conception. I wrote here about Guanajuato’s lack of consideration for victims of rape and the criminal prosecution of women who sought medical attention for post-abortion complications. To make matters even worse, Guanajuato has now also denied victims of rape their human right to life, liberty, privacy, security of person, and right to health! Sadly, this is a HUGE step backward for an already conservative state.
The U.N. Human Rights Committee and the Committee on the Elimination of Discrimination against Women have repeatedly expressed concern about the relationship between restrictive abortion laws, clandestine abortions, and threats to the lives of women. By criminalizing all forms of abortion, including abortion in cases of rape, the state of Guanajuato has now become the culprit behind preventable physical and mental health problems for its women. Where there is a lack of legal and safe abortion services for victims of rape, there will be psychological and emotional trauma, unwanted pregnancies, and unsafe abortions.
It is clear to me that the state is placing more weight on Catholic principles and idealism than it is on the facts. I am Mexican; I am Catholic; I get the values and ideals thing, believe me. They can say I’ve been “Americanized” all they want, but I still don’t get how placing those values above a dying woman’s right to life is justifiable, or how prosecution and criminalization in such grave cases is logical? Women–already victimized women–are suffering state supported human rights violations of the most preventable kind!
In cases of rape or post-abortion complications, the state can’t be anti-abortion and also be pro-life. Don’t they recognize how criminalizing abortion for unwanted pregnancies, especially in cases of rape, does not serve a preventive purpose? Rape happens–so how about focusing on preventing rape? Unwanted pregnancies happen–so how about focusing on providing contraceptives or teaching sexual education? How about this: when a rape victim hemorrhages to death after a back-alley abortion, the state should be prosecuted for the murder of two lives–the mother’s and child’s life! Of course I am not serious…I am just frustrated and in disbelief.
To think that prosecuting a women for having an abortion will prevent premarital sex or abortions in general is outdated. As human beings, as societies, are we not supposed to evolve as a species? It saddens me deeply to see that women do not receive the respect they merit under law–discrimination against women is RIPE, today more than ever. My grandfather, a district judge in Guanajuato during his former years, used to say, “Justicia es la constante y perpetua voluntad de darle a cada quien lo que le pertenece.” (Justice is the constant and perpetual willingness to give to each what belongs to them). Give these women what is due! A rape victim will now be prosecuted if she shows up at the hospital with post-abortion complications, but WHAT ABOUT THE RAPIST!?!?!?! Oh, not to mention that the amendment was put into law by mostly MEN! Which reminds me: These are pictures of two of the most important U.S. women’s-rights-related bill-signings in the past few years.
The Partial Birth Abortion Ban Act of 2003
And the Lily Ledbetter Fair Pay Act of 2009:
Ironic is it not? When women speak up, their rights receive the recognition they deserve! I hope that to be the case in Guanajuato. I am constantly afraid that people will say that I am too westernized in my thinking and in my application. I am all for listening to the voices, but I want to hear the female voice. I want to hear the female voice on all sides of the spectrum, to see and understand what exactly is at play and how justice can best be served.
If Guanajuato is serious about promoting the right to life of all its citizens, it must assure that women do not fear prosecution, but rather feel comfortable turning to their state for vital assistance. I am positive that given the culture many women are already embarrassed or even ashamed to ask for an abortion or request information. That is unacceptable. Guanajuato should take part, a significant part, in preventing the nearly 78,000 deaths worldwide that result from illegal and unsafe abortions. To hear that women are showing up at hospitals in their second trimester of pregnancy, hemorrhaging to death after taking abortion pills purchased on the black market, makes me sick to my stomach. I am concerned not just for the women who do not understand the gravity of such a late stage abortion and may likely end up behind bars, but for the tragic death of a developing baby. In my opinion, it is not the woman’s fault that illegal abortions result in the butchering of fetuses; it is the states fault for not providing access to appropriate, timely, and urgently sought-after health care which could have prevented such complications from even arising in the first place. This amendment is sexual coercion masked as political conservatism and christian-inspired morality, and it is wrong!
Let us hope that this legislative reform not survive long and that Guanajuato–for the sake of “todas las mujeres Guanajuatenses” and Guanajuato’s reputation! Guanajuato is far too magnificent a state to merit such tainted a reputation! One of the most historic and revolutionary states in all of Mexico, Guanajuato stands wonderful in its beauty. Deigo Rivera, Frida Kahlo, art, architecture, history…let it be known for that!
Totalmente de acuerdo.
I actually just wrote a paper about this — Guanajuato’s the opposite side of the spectrum from the SCJN and D.F., putting it closer to Nicaragua and El Salvador.