The Judicialization of Abortion in Mexico. The Dialogical Construction of a Right to Decide; LA JUDICIALIZACIÓN DEL ABORTO EN MÉXICO. LA CONSTRUCCIÓN DIALÓGICA DE UN DERECHO A DECIDIR

Abstract

This article examines the process of judicialization of abortion in Mexico, in the context of a deep polarization between feminist activism and conservative movements. It explores how feminism has successfully used the strategy of judicialization, achieving that the Supreme Court of Justice of the Nation ruled in favor of the recognition of the right of women and pregnant people to decide about their bodies. The text is structured in three main sections. The first offers a theoretical framework to understand the growing role of constitutional courts in making decisions that used to be made by legislative bodies. The second section reviews some key milestones in the judicialization of abortion, highlighting the fundamental role of civil society, both for and against reproductive rights. The third and final section examines the argumentative framework of the two paradigmatic decisions from feminist perspectives.