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The typified abortion and its correct application in mexico

Anonim

Abortion has been a problem that has been present during all the periods of human existence, acquiring great importance today, both for its implications and for the different positions that exist in relation to it, since in a few words it is of taking life from a human being; This research work will focus on the good points of legalization of abortion, since it is very likely that the deaths of women from clandestine abortions would decrease; having consequences in illegal practice, they have no one to demand hygiene in the doctor's office, nor in the instruments they use to practice them.

Abstract:

Abortion has been a problem that has been present during all periods of human existence, currently gaining great importance, both for its implications and the different positions that exist in front of him, as is briefly to terminate a human life, the present research will focus on the good points of the legalization of abortion, since it most likely would diminish the deaths of women from abortions performed illegally, have an effect on the illegal practice, they have no one who will require a hygiene clinics, and the instruments they use to practice them.

Introduction

The Mexican criminal legislation gives us a broad overview that in the Mexican state the decriminalization of abortion has been a matter of legal controversy, currently, this matter has gained ground as it has been placed at the forefront especially in Latin America, therefore the need of the need for a specific norm in the matter since in Mexican society there is a lot of ignorance in the laws that regulate abortion in the country, despite the fact that it is regulated in Chapter VI of the Federal Penal Code, and in the law of health that contemplates the performance of abortion by a doctor who has as a basis the clinical diagnosis of another doctor.

Achieving with this that our country, when carrying out a specific law on abortion, not only protects the integrity and fundamental rights towards women contemplated within the individual guarantees of its Magna Carta, but would also develop a spearhead by putting itself within of the standards of first world countries.

II.- Background

The abortion legislation in the region partly reflects the legislation inherited from the colonizing countries, the dominant ideology at the time it was legislated, and changes according to the different positions of the various social forces, among which the strong presence and influence of the Catholic Church and conservative groups in the vast majority of Latin American countries.

In Greece it was used to regulate the size of the population and keep social and economic conditions stable. Plato recommended abortion to pregnant women over 40 or whose partner was over 50. Aristotle maintained that the fetus becomes 'human' 40 days after its conception if it is male and at 90 if it is female and recommended abortion to limit the size of the family. The decision was left to the mother, unless it was a matter of state, while in ancient Rome abortion was allowed, since Roman law did not consider the nasciturus (1) as a person, although it recognized rights such as right to be born (postponing, for example, executions of pregnant women sentenced to death).

In the 70s and 80s, although modifications were made to the legislation regarding equality between men and women, to the right to decide on the number and spacing of children and on access to public services of family planning in almost all countries, except the region that includes Latin America.

Recently, the debates, agreements and resolutions about sexual and reproductive rights that have preceded and followed the international meetings and conferences held in the 1990s, have resulted in attempts to change such legislation, although there are still very few countries that They have managed to relax their abortion laws and provide quality services. Since international law contemplated abortion in the exclusive case that pregnancy endangered women, pointing to the globalization transformation that has been taking place, especially in third-world countries where updating these issues is pursuing a huge lag, within which we can highlight Colombia that has made significant progress in the application of the grounds for impunity abortion,In 2006, the Constitutional Court decriminalized abortion in three special cases: when a pregnancy threatens the life or health of the woman, in cases of rape, and / or when malformations of the fetus appear incompatible with extrauterine life.

IV.- comparative law

In Argentina, Bolivia, Ecuador and Chile interesting debates have taken place on sexual and reproductive rights and access to services for the population. Especially in Chile, in 2007, President Michelle Bachelet signed a decree approving the supply of the contraceptive pill.called “the day after”, which has meant one of the most outstanding advances in this area. Without going unnoticed that the feminist movement along with other sectors of society, is committed to defending bills that contemplate the decriminalization of abortion, achieving this end that countries like Puerto Rico, Cuba, three countries of the French Antilles, French Guiana, Guyana and Barbados contemplate the proper practice of abortion. The contrary is totally prohibited in El Salvador, Honduras, Saint Marteen (Netherlands Antilles), the Dominican Republic and lately in Nicaragua; although in May 2009, in Honduras, President José Manuel Zelaya Rosales vetoed the decree of Prohibition and Penalization of Emergency Contraception Pills.

Final Considerations

The main objective of this essay is that each woman who is in the possible situation of having an abortion has the proper information about the regulated practices within the legal framework, safeguarding first of all her physical and moral integrity, as well as the protection of development. psychosexual that contemplates the current society, for making the best decision in the circumstances presented.

V.-Bibliography

• LIBRARY OF CRIMINAL PROCEDURE LAW, BRISEÑO AND SILVA 2nd EDITION OXFORD, 2004 CULTURAL EDITIONS.

• Penal Code of the Federal District.

• De la Barreda Solórzano, Luís. The crime of abortion. A mask of good conscience. Page 36.

• LEGAL DICTIONARY ESPASA, EDITORIAL ESPASA 1999.

• JIMÉNEZ GRACIELA (1976). Abortion in Mexico. Page 27. México, DF Editorial Fondo de Cultura Económica.

• Jiménez Huerta, Mariano. Mexican Criminal Law. Page 180.

• Pérez Duarte y Noroña, Alicia Elena, The abortion. A Comparative Law Reading, Page 15.

The typified abortion and its correct application in mexico