Social Communication General Direction

Mexico City, May 3^rd 2007

Press Bulletin 85/2007

CDHDF WILL NOT EXERT AN ACT OF UNCONSTITUTIONALITY

In the April 24^th session, the ALDF approved to reform the articles 144,145,146 and 147 of the Federal District Penal Code and add a third paragraph to articles 16 Bis 6 and 16 Bis 8 of the Federal District Health Law, relative to the reproductive and sexual rights of women and to the legalization of abortion before the 12^th week of gestation.

In this respect, the National Action Party in the Federal District (Spanish initials-Pan) asked the Federal District Commission of Human Rights (Spanish initials- CDHDF) to exert an action of unconstitutionality against the Penal and Health reforms in the Federal District recently approved by the ALDF.

In attachment to the autonomy principle that rules this Organization, treating it as an attribution not dependent to an individual or collective request, in accordance with the legal faculty that Article 105, fraction II, clause g) given by the Mexican United States Constitution , the CDHDF has decided not to exert the act of unconstitutionality.

Among other constitutional dispositions it is the opinion of the Honorable Council of the Commission that articles 1°, 4°, 14, 22 and 123 do not act against its ruling as long as human rights and individual guarantees are not weakened. The CDHDF will expand on this argument at a later time.

In addition, the Penal Code reforms do not impose a behavior, they only open the possibility of an individual choice, according to the liberty system that the Constitution establishes. The Federal District Legislative Assembly has the constitutional attributes to determine in a responsible and rational way, what conducts should be considered illegal and the punishment that in each case should be imposed. Similarly, the Mexican State is looking at recommendations formulated by competent International Organizations. This is the case of the Convention on the Elimination of all forms of Discrimination against Women (Spanish initials-CEDAW), who on August 17^th2006 recommended the following:

“…the Committee asks the Part State to match abortion legislation to the state and federal level. It suggests to the Part State the design of a strategy mainly directed to workers in public health areas as well as to the general public, which will focus on keeping the public informed on how and where to get access to safe abortion services when required, within the circumstances provided by law, as well as making the public aware of the risks involved in abortion practices. The public should also be kept informed about the importance of immediate access and on new developments on a wide variety of birth control methods as well as wide spread National awareness campaigns on women rights.

Mexico has subscribed to international instruments that morally and lawfully oblige it to assure the full exercise of sexual and reproductive rights in women, among them the access to safe abortion procedures. It is necessary to remember that abortion is the third largest cause of women mortality in the Federal District and the fifth at a national level.

In its general observation 24, CEDAW has suggested to the Part State to, in the highest degree possible, modify the legislation that punishes abortion, with the purpose of abolishing punitive measures imposed on women that have decided to interrupt their pregnancy. The CEDAW also demands that all health services be compatible with women basic rights.

From the previous exposition, this Human Rights Commission has not been able to come up with any valid elements that could be used against the recent Federal District Penal Code and Health Law reforms, in relationship with the Mexican United States Political Constitution requirements which are needed to start a formal procedure to exert the act of unconstitutionality.