MEXICO CITY, September 27, 2011 ( – Mexico’s Supreme Court moved closer to approving a proposed verdict striking down pro-life amendments passed recently in two Mexican states.

If the verdict is approved, abortion will be recognized by the Supreme Court as a “human right” that overrides the right to life of the unborn child.

Thus far, five of the court’s eleven justices have registered their support for the verdict proposed by justice Fernando Franco. According to the Mexican Constitution, eight of the eleven justices must vote to strike down an element in a state constitution

The proposed decision claims that “one cannot give preeminence to any right-not even the right to life-over other constitutional rights,” and argues that protecting the unborn is “incompatible not only with the dignity of women (especially those who don’t want to procreate), but also with their individual rights and fundamental liberties.”  It also explicitly denies that unborn children are persons under the law.

Two justices, both of whom have previously declared their view that the federal constitution protects the right to life, have registered their opposition to the proposed sentence.  At least three of the four remaining justices must vote in favor of it if it is to be approved.

If the verdict is approved, it will displace a previous verdict, rendered in 2008, that left the decision on the legality of abortion to the states.

Mexican pro-life activists protested the proposed verdict outside of the Supreme Court on Monday, holding signs that read “The Court should not cut off life,” a play on the Spanish word for “court” (corte), which is also a form of the word “cut.”

“The proposed verdict itself is unconstitutional, because it seeks to take authority away from the states regarding the protection of the lives of the unborn, and this is the proper subject mater of the federal entities,” Leticia González Luna, vice-president of the pro-life association Voz Publica, told El Universal.


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