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

Journal article

In this paper I explain why a formal reduction in the time limit for accessing abortion from twelve weeks to six weeks amounts in practice to a reduction from twelve weeks to two or three weeks. Once this has been established, I argue that such a reduction substantially affects the exercisability of the right to abortion. The article proceeds as follows. In the first part, I present the situation in Aguascalientes, Mexico, where the time limit for accessing abortion was recently restricted to six weeks, and then I outline the status of the right to abortion at the national level. In the second part, I develop my main position: a formal reduction from twelve weeks to six weeks is, in practice, a reduction from twelve weeks to two or three weeks. In the third part, I respond to objections, mainly the claim that a careful reading of the Criminal Code of Aguascalientes establishes, in reality, only a reduction from twelve weeks to six weeks. In the conclusion, I explain why this reduction substantially affects the exercisability of the right to abortion, and why it is important for there to be harmony between the legal and medical definitions used when regulating access to abortion.

Authors: Palacios-Gonzalez, C

• Publication status: Accepted
• Peer review status: Peer reviewed
• Publisher: University Program of Bioethics of UNAM
• Journal: Bioetica UNAM
• Acceptance date: 2026-06-13
• Language: Spanish
• Keywords: abortion; legal restriction of pregnancy; gestational age; medical practice; legal termination of pregnancy; reproductive health; pregnancy diagnosis; public health policies