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CNDH asks court to nullify abortion law
Wire services
El Universal

Sábado 26 de mayo de 2007

The National Human Rights Commission has filed an injunction with the Supreme Court asking that a new local abortion law be declared unconstitutional

The National Human Rights Commission has filed an injunction with the Supreme Court asking that a new local abortion law be declared unconstitutional.

Friday was the last day for such a filing against the Mexico City legislation that was enacted on April 26.

The president of the commission (CNDH), José Luis Soberanes, filed the complaint on Thursday, his office confirmed on Friday.

The case was delegated to Supreme Court Justice Salvador Aguirre, who has until Monday to announce whether or not the court will agree to hear the case.

If the court accepts the case, eight of the 11 judges must rule to overturn the new law for it to be struck down as unconstitutional. If the court does agree to hear the case, the law does not become invalid.

The Mexico City law decriminalizes abortion during the first 12 weeks of gestation.

The CNDH on Friday said its objection is based purely and solely on legal grounds and does not factor in moral or religious considerations.

This is the first time the CNDH has ever filed a brief with the Supreme Court. The autonomous government body was only granted this authority in September 2006.

In the brief, the CNDH argues that the local law oversteps its authority, enacting health legislation that is within the sole realm of federal authorities.

Article 73, Section 16 of the Constitution says only the federal government can legislate on matters of public health.

The CNDH also criticizes the legal uncertainty regarding minors seeking abortions in Mexico City. The Constitution and local law stipulates that citizens under the age of 18 have no "legal capacity." The law does not specify if parental consent is necessary.

The brief also asks for clarity on the concept of "moral objection" whereby health professionals can decline to perform an abortion.

The law makes reference to such an exception, but it is not clear if it would be permitted.

Mexico City Mayor Marcelo Ebrard, who signed the bill into law, said doctors in Mexico City would be required to perform abortions upon request.



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