MEXICO-ABORTION-TBs-CEDAW
Concluding Observations on Report 10 (2025) (Link)
Pending translation of final version
Concluding Observations on Report 9 (2018) (Link)
Health
41. The Committee reiterates its previous concerns (CEDAW/C/MEX/CO/7-8, para. 30) and takes note of the State party’s efforts to strengthen and harmonize the General Victims Act at the federal and state levels in relation to abortion in cases of rape, as well as the introduction of a national strategy for the prevention of adolescent pregnancy. It is concerned, however, about the following:
(a) Provisions in criminal legislation at the state level that restrict access to legal abortion and that continue to force women and girls to resort to unsafe abortion at the risk of their health and life;
(b) Inconsistencies between the state criminal codes that hinder the effective implementation of article 35 of the General Victims Act and Mexican official stand ard NOM-046-SSA2-2005 on domestic and sexual violence and violence against women, which legalizes abortion in case of rape;
(c) Amendments made in 2018 to the General Health Act that provide for conscientious objection by health personnel and may constitute barriers for women in gaining access to safe abortion and emergency contraception, especially in rural and remote areas;
(d) Reported incidents of obstetric violence by health personnel during childbirth;
(e) The disproportionately high rates of maternal mortality among women from indigenous communities;
(f) Reports of the forced sterilization of women and girls and of limited access to reproductive health services, in particular for women and girls with mental and other disabilities.
42. In line with its general recommendation No. 24 (1999) on women and health, the Committee recommends that the State party:
(a) Increase efforts to accelerate the harmonization of federal and state laws and protocols on abortion, with a view to guaranteeing access to legal abortion and ensuring access to post-abortion care services irrespective of whether abortion has been legalized;
(b) Harmonize relevant federal and state laws with the General Victims Act and Mexican official standard NOM-046-SSA2-2005 on domestic and sexual violence and violence against women and adequately inform and train medical personnel so as to ensure specialized attention for women and girls who are victims of sexual violence, including the provision of essential services for emergency contraception and abortion;
(c) Develop the protocols necessary for the implementation of the amendments to the General Health Act, which permit conscientious objection as long as it doesn’t place the life of the mother at risk and does not impede women and girls from gaining access to legal abortion, and ensure that in such cases women and girls are referred to another appropriate provider;
(d) Harmonize federal and state laws to define obstetric violence as a form of institutional and gender-based violence, in accordance with the General Act on Women’s Access to a Life Free from Violence, and ensure effective access to justice and comprehensive reparations to all women who are victims of obstetric violence;
(e) Reduce the incidence of maternal mortality, including through collaboration with traditional midwives and the training of health professionals, especially in rural areas, by ensuring that all births are attended by skilled health personnel, in line with targets 3.1 and 3.7 of the Sustainable Development Goals;
(f) Ensure that fully informed consent is systematically sought by medical personnel before sterilizations are performed, that practitioners performing sterilizations without such consent are adequately punished and that redress and financial compensation are available to women who are victims of non-consensual sterilizations.
Concluding Observations on Report 7-8 (2012) (Link)
Harmonization of legislation and repeal of discriminatory laws
13. The Committee notes the State party’s federal legislative advances, such as the constitutional reform on human rights (2011). However, it is concerned that the different levels of authority and competences within the State party’s federal structure result in a differentiated application of the law depending on whether or not appropriate harmonization of the relevant legislation has been conducted at the state level, such as with respect to the principle of non-discrimination and equality between men and women. The Committee notes with concern that this situation results in discriminatory provisions against women or to different definitions and sanctions related to, inter alia, rape, abortion, forced disappearances, trafficking, injuries and homicide for reasons of so-called honour, as well as on adultery across the 32 states of the State party. It is further concerned about the lack of consistent harmonization of the State party’s legislation, for example, civil, penal and procedural laws at the federal and state level, with the General Act and/or local laws on women’s access to a life free of violence and with the Convention. It is concerned about the lack of effective mechanisms to implement and monitor the laws on women’s access to a life free of violence and relevant legislation and regulations related to women’s access to health-care services and education. The Committee is also concerned about the effects of the reform of the criminal justice system (2008) and its progressive implementation on the situation of women before the judicial authorities as well as about the lack of official data on the number of prosecutions, convictions and sentences inflicted against perpetrators of violence against women.
14. The Committee urges the federal authorities of the State party:
(a) To take the measures necessary to ensure, particularly through effective coordination, the coherent and consistent harmonization of the relevant legislation at all levels with the constitutional reforms on human rights (2011) and of the criminal justice system (2008);
(b) To take the necessary actions to eliminate the inconsistencies in the legal frameworks among the federal, state and municipal levels, including by integrating in relevant state and municipal legislation the principle of non-discrimination and equality between men and women and by repealing discriminatory provisions against women, in line with article 2 (g) of the Convention, and by providing consistent definitions and sanctions, related to, inter alia, rape, abortion, forced disappearances, trafficking, injuries and homicide for reasons of so-called honour, as well as on adultery;
(c) To accelerate its efforts to consistently harmonize, inter alia, its civil, penal and procedural legislation with the General Act and/or local laws on women’s access to a life free of violence and with the Convention;
(d) To establish effective mechanisms at the federal and state levels to monitor the implementation of women’s access to a life free of violence laws, and legislation related to women’s access to health-care services and education;
(e) To put in place mechanisms to monitor and sanction law officials, including the judiciary, who discriminate against women and who refuse to apply legislation protecting women’s rights.
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32. The Committee notes that abortion is decriminalized in Mexico City and that in the rest of the country, abortion is legal in cases of rape. It also notes inconsistencies with respect to other legal grounds for abortion in the legal frameworks of the 32 states. It is concerned that women’s enjoyment of their sexual and reproductive health and rights, including access to legal abortion, have been jeopardized as a result of the amendments in local constitutions that protect life from the moment of conception, even though those amendments have not modified the already established legal grounds for abortion. It is further concerned about cases of women who have been denied access to legal abortion, even when they fulfil the restrictive legal criteria, and who have been reported to the judicial authorities by medical care providers and social workers and consequently sentenced to long prison terms on grounds of infanticide or murder.
33. The Committee urges the State party:
(a) To harmonize the federal and state legislations relating to abortion with a view to eliminating the obstacles faced by women seeking legal abortions and also to extend access to legal abortion in the light of the constitutional human rights reform and the Committee’s general recommendation No. 24 (1999);
(b) To inform medical care providers and social workers that the local constitutional amendments have not repealed the grounds for legal abortion and also inform them of their responsibilities;
(c) To ensure that in all states, women whose cases fall under any of the legal grounds for abortion have access to safe health-care services, and ensure the proper implementation of the Mexican Official Standard NOM-046-SSA2- 2005, in particular access of women victims of rape to emergency contraception, abortion and the treatment of sexually transmitted diseases and HIV/AIDS.
Concluding Observations on Report 6 (2006) (Link)
32. The Committee remains concerned about the level of maternal mortality rates, particularly those of indigenous women, which are a consequence of the insufficient coverage of, and access to, health services, including sexual and reproductive health care. The Committee notes with concern that abortion remains one of the leading causes of maternal deaths and that, in spite of the legalization of abortion in specific cases, women do not have access to safe abortion services and to a wide range of contraceptive measures, including emergency contraception. The Committee is also concerned about the insufficient efforts to prevent teenage pregnancies.
33. The Committee urges the State party to expand the coverage of health services, including reproductive health care and family planning services, and to address the obstacles that prevent women from having access to such services. The Committee also recommends that sex education be widely promoted and provided, targeting men and women and adolescent boys and girls. The Committee requests the State party to harmonize legislation pertaining to abortion at the federal and state levels. The Committee urges the State party to implement a comprehensive strategy which should include the provision of effective access to safe abortion in situations provided for under the law and a wide range of contraceptive measures, including emergency contraception, measures to raise awareness about the risks of unsafe abortions and nationwide sensitization campaigns about women’s human rights, targeting in particular health personnel, as well as the general public.
Concluding Observations on Report 5 (2002) (Link)
445. The Committee notes with concern the high maternal mortality rate, particularly as a result of abortions among adolescents and the inadequate education, dissemination, accessibility and supply of contraceptive devices especially to poor women in rural and urban areas and to adolescents. The Committee further notes with concern the increase in HIV/AIDS, mostly among adolescent girls.
446. The Committee recommends that the State party consider the situation of the adolescent population as a matter of priority and urges it to adopt measures guaranteeing access to reproductive and sexual health services with attention to the information needs of adolescents; it recommends further that it implement programmes and policies to increase the knowledge of the various contraceptive methods and their availability on the understanding that family planning is the responsibility of both partners. It further urges the State party to promote sex education for adolescents with particular attention to the prevention and elimination of HIV/AIDS.
Concluding Observations on Report 3-4 (1998) (Link)
399. The Committee refers to the high rate of teenage pregnancy and the lack of access for women in all states to easy and swift abortion.
408. The Committee recommends that the Government consider the advisability of revising the legislation criminalizing abortion and suggests that it weigh the possibility of authorizing the use of the RU486 contraceptive, which is cheap and easy to use, as soon as it becomes available.
426. The Committee recommends that all states of Mexico should review their legislation so that, where necessary, women are granted access to rapid and easy abortion.
Concluding Observations on Report 2 (1990) (Link)
[no mention]
Concluding Observations on Report 1 (1983) (Link)
72. … No reference was found in the report to family planning, whether a woman had an option in the spacing of the births of her children and whether abortion was legalized.
This content was last updated in July 2025