translated from Spanish: Without entering the bottom, Corte returns project on abortion in Veracruz

With a 4-1 vote, the First Chamber of the Supreme Court rejected the project that sought to decriminalize abortion in the state of Veracruz.
Ministers focused the discussion on whether or not there was legislative omission from the Congress of Veracruz and the substance of the project was not discussed, so the matter is referred back to another minister who will have to submit a new project.
Only the minister of draft, Juan Luis González Alcántara Carrancá, voted in favor. 
While Ministers Norma Lucía Piña Hernández and Ana Margarita Ríos Farjat, as well as Ministers Jorge Mario Pardo Rebolledo and Alfredo Gutiérrez Ortiz Mena voted against.
Read: These are the points of the discussion on the decriminalization of abortion in Veracruz
The four ministers who voted against agreed that the Court cannot order the Veracruz Congress to amend a law, and as it exists, Congress is not being disregarded of fulfilling its task.
Minister Norma Lucía Piña Hernández said in her speech that she was against the project because “the Court cannot order a specific legislative content in this case” to the Congress of Veracruz. He added that “you could only be ordered to legislate but not impose specific regulation on it. The Court would engage in so-called judicial activism that would greatly overwhelm the Constitutional Powers of the Court.”
Margarita Ríos Farjat said that “there are technical legal impediments to getting to the bottom of the case,” she explained that there is no legislative omission because the rule does exist and the rule was not challenged as such, it cannot seek to be declared unconstitutional without first being challenged.
Find out: Right to decide, five myths about abortion in light of evidence
González Alcántara Carrancá defended the project and assured that there is a legislative obligation of the Congress of Veracruz to reform its rules regarding the termination of pregnancy.
The minister, the author of the draft judgment in analysis, voted in favour and said that he did not share the determination that the matter should not be appropriate because it is valid that they are claimed under omissions in this regard and the complainants had a legitimate interest in the protection of the protection of women’s human rights.
In addition, it continued, given the obligations undertaken by the Mexican state in the conventions of Cedaw and Belem do Pará, and that binds all the authorities within the scope of its competence, there is a legislative obligation linking the local congress of Veracruz to reform its criminal rules regarding the interruption of pregnancy.
The international treaties, said González Alcántara Carrancá, are clear and there is an immediate obligation to legislate on those rules that are discriminatory or that are sources of violence against women.
“The absolute prohibition on terminated pregnancy is contrary to the threshold for women’s protection, especially as far as their right to health and dignity is true,” she said.
And he closed that, “it is still imperative, how the project argues, to study the rules affecting women in the light of a transformative equality review.”
In response to what González Alcántara Carrancá said, Minister Piña Hernandez replied that she shared what was pointed out in the sense that there are international standards, treaties that are mandatory for the Mexican State and that seek to protect women. “It is not that a decision is being made in the substance of this point or that protection is not shared for women, but that the issue under consideration is whether there is a legislative omission or not and the legislation exists, you can think that the rules are unconstitutional but the legislation exists.”
 
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Original source in Spanish