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Medical practice and the exercisability of the right to abortion: the real-world effects of restricting abortion to six weeks

Abstract:
This article explains how a formal reduction in the gestational age for accessing abortion—from twelve weeks to six weeks—is, in practice, equivalent to a drastic reduction: from twelve weeks to only two or three. Based on this, it argues that such a reduction substantially affects the exercise of the right to abortion. The article is divided into three parts. The first presents the case of Aguascalientes, Mexico, where the gestational age limit was recently reduced to six weeks, and from there examines the status of this right in the country. The second part develops the main argument: that a formal reduction from twelve to six weeks is equivalent, in practice, to a reduction from twelve to two or three weeks. The third part responds to objections, primarily the one that maintains that, upon careful reading, the Aguascalientes Penal Code establishes a reduction from twelve weeks to only six. The conclusion explains why this reduction substantially affects the exercise of the right to abortion and why it is important to have harmony between legislative and medical definitions when regulating access to abortion.
Publication status:
Published
Peer review status:
Peer reviewed

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Institution:
University of Oxford
Division:
HUMS
Department:
Uehiro Institute
Oxford college:
Wolfson College
Role:
Author
ORCID:
0000-0002-3825-5311


Publisher:
University Program of Bioethics of UNAM
Journal:
Bioetica UNAM More from this journal
Volume:
4
Publication date:
2026-10-30
Acceptance date:
2026-06-13
DOI:

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