Hope in a time of choler: Mexico’s Supreme Court decriminalizes abortion at the federal level

September 7, 2023 by Leave a Comment


In the same week that Mexico’s two major political parties nominated women to run for President, nearly assuring that Mexico’s next President will be a woman, Mexico’s Supreme Court ruled that abortion as a federal crime violates Mexico’s Constitution: “The legal system that penalises abortion in the Federal Criminal Code is unconstitutional since it violates the human rights of women and people with the ability to carry a fetus”. This decision builds on a 2021 decision that decriminalized abortion in the state of Coahuila, a state that ironically or tragically or both shares a border with the United States, specifically with Texas. As the Washington Post succinctly put it, “Mexican court expands access to abortion, even as U.S. restricts it.”

The Supreme Court case came as a result of a suit last year, filed by el Grupo de Información en Reproducción Elegida, GIRE, the Information Group for Reproductive Choice, challenging a 1931 Federal regulation. Since the 2021 decision, 12 Mexican states decriminalized abortion. This week’s ruling means that all Federal hospitals and clinics, irrespective of local laws and restrictions, must provide abortions. Women and people with the ability to carry a fetus can seek abortions without fearing prosecution. Health providers can respond to women and people with the ability to carry a fetus without fearing prosecution. The decriminalization of abortion means the end of a police state of ever impending terror and incarceration.

As both GIRE and the Supreme Court Justices freely admit, while this was a judicial decision, it emerged from years of organizing, from the Green Wave that has swept across Mexico and across the Americas, surging in Argentina, Colombia, and beyond. As Arturo Zaldivar, the former president of the Supreme Court, wrote: “The Green Wave continues to advance. All rights for all women and pregnant people!” A Green Wave continues to surge across Latin America, inspiring, invigorating, and instructing.

(By Dan Moshenberg)

(Photo Credit: GIRE)

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Hope in a time of choler: Estonia legalizes same-sex marriage!

June 23, 2023 by Leave a Comment

The news these days is daunting: hundreds migrants, refugees, asylum seekers forced to drown in the Mediterranean and scores in the Atlantic Ocean; women hacked and burned to death in a Honduran prison; the ongoing assault on reproductive justice and women’s autonomy across the United States; the ongoing anti LGBTQI+ pogrom in Uganda; the `discovery’ of the Japanese policy of forced sterilization having been applied to children; the abandonment of asylum seekers living with disabilities in unprepared hotels in England, and the list goes on. A toxic stew of State sponsored cruelty. Legislators in Kenya, Tanzania and South Sudan are pushing for passage of laws modeled on Uganda’s anti-gay laws. But there are glimmers of hope. For example, on Tuesday, June 20, Estonia’s Parliament voted to legalize same-sex marriage. Estonia’s Prime Minister Kaja Kallas responded to the vote: “Everyone should have the right to marry the person they love and want to commit to. With this decision we are finally stepping among other Nordic countries as well as all the rest of the democratic countries in the world where marriage equality has been granted. This is a decision that does not take anything away from anyone but gives something important to many. It also shows that our society is caring and respectful towards each other. I am proud of Estonia.”

The vote in the 101-seat Parliament was 55 – 34. In May, the Estonian Human Rights Centre released a survey that showed that 53% of Estonian people support marriage equality. In 2012, a survey suggested that 60% of Estonian people were opposed to marriage equality. What a difference a decade of continued organizing makes. 75% of Estonians between the age of 20 and 29 support marriage equality. More than half of the Estonian population believe that a same-sex partner should be able to adopt their partner’s child. With the recent passage of marriage equality legislation, LGBTQI+ couples will have adoption rights and parental recognition, which was previously denied to same-sex civil unions.

Last year, on July 8, Slovenia’s Constitutional Court ruled that bans on same-sex marriage and adoption are unconstitutional. The Court ruled that discrimination is discrimination, and that discrimination against same-sex couples “cannot be justified with the traditional meaning of marriage as a union between a man and a woman, nor with special protection of family”. The Court ordered the Parliament to amend the law within six months. In October, Slovenia’s National Assembly amended the Family Code, and now same-sex marriage is legal. While there are rumbling sounds that a referendum would overturn the law, for now it stands.

On January 1, 2024, the new Family Code in Estonia will go into effect. Since 2005, political parties, government agencies and just plain people have been discussing, debating, and organizing for this day. Organizing teaches and organizing works. Pride is pride. Discrimination is discrimination. Family is family. Love is love. To those in Estonia who made this happen through decades of dedicated struggle, happy new year and thank you!

 

(by Dan Moshenberg)

(Image Credit: DW.com / Twitter)

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Hope in a time of choler: Spain expands women’s, transgender rights

February 17, 2023 by 2 Comments

A protest calling for the legalization of abortion, Madrid 1978

On Thursday, Spain’s Congress passed laws, some groundbreaking, that expand the rights and well-being of women, transgender people, and everyone. First, Spain became the first country in Europe to entitle workers to menstrual leave. Second, Spain revised its laws concerning abortion. Under the new law, 16- and 17-year-olds no longer need parental consent to undergo an abortion. The new law further enshrines the right access to abortion in public hospitals. Currently the overwhelming number of abortions take place in private hospitals because state hospital doctors refuse to perform them, claiming religious objection. Period products will now be offered, free, in schools and prisons; hormonal contraceptives and the morning after pill will be offered, free, in public health centers. Third, Spain widened transgender rights. Under the new law, anyone older than 16 can change their legally registered gender without any medical supervision. With parental consent, 14- to 16-year-olds can change their legally registered gender. 12- and 13-year-olds will need a judge’s authorization. No one will be required to prove gender dysphoria. Fourth, another new law bans the use of `conversion therapy’ for LGBTQIA+ people. Finally, a fifth law provides state support for lesbians and single women seeking IVF treatment. The new laws also expanded sex education across the educational landscape. When these laws were all passed, Irene Montero, Equality Minister and member of the Unidas Podemos party, said, “I am well aware that the road does not end here.” There’s more to come. We make the road by walking.

Individually, each of these laws is a major step, and, as always, the result of years of struggle and organizing. Taken together, they offer a glimpse of a world filled with hope that begins with and always insists on the full and unquestionable humanity of every individual and group. As Montero noted, when discussing the transgender legislation, “This is a law that recognizes trans people’s right to freely decide their gender identity. It stops trans realities being treated as abnormalities. Trans people aren’t sick people; they’re people – full stop. They are who they are – full stop. Trans women are women – full stop. From today, the state recognizes that.”

While Spain’s menstrual leave law is the first in Europe, it’s not the first anywhere. Japan, Indonesia, Zambiahave passed similar laws, with varying effects. Likewise, Argentina recognized transgender rights in 2012, and Denmark followed suit in 2014. The point is not which came first but rather that the community of countries widening, rather than further restricting rights, is growing, thanks to Spain’s actions this week. Love is love, people are people, humans are humans, women are women. Full stop.

 

(By Dan Moshenberg)

(Photo Credit 1: Chema Conesa / El País) (Image Credit: Barbara Kruger / The Broad)

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