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The right to life and abortion in the Supreme Court of Justice of the Nation

There is, both in the legislative sphere and in certain legal sectors, a constant error that considers that voluntary abortion has ceased to be a crime as a result of the resolution of the Supreme Court of Justice of the Nation A.I. 148/2017. Worse still, there are those who argue that it has become a right. For this reason, this work analyzes the judgment with a view to understanding its scope and explaining it in a clear and objective manner. A certainly complex task, given that the Supreme Court, which had become an open mediator, tried to reconcile two positions, instead of applying the legal order and defending human dignity.

Thus, during the reading of this book and with strict reference to the reference judgment, the reader will be able to conclude that voluntary abortion continues to be a criminal conduct typified after "a brief and reasonable period close to conception". In short, voluntary abortion remains illegal after that period. Likewise, they will be able to reflect on the nature of the person who is in the womb, who far from being "a constitutionally protected good" is a human being, a person and according to the Convention on the Rights of the Child, is a child who carries rights, including life. It can also be confirmed that promoting abortion is not the same as protecting the right to decide, since this implies more options than just ending a life, especially when that decision is not yet made freely by the mother, but coerced by her family and professional environment.

The Supreme Court's decision has not exhausted the discussion. Certainly, there are some advances in the protection of rights that are worth rescuing. We hope that this book will help to find these advances and to continue with the reflection and debate on them. A debate of strict law, far from the ups and downs of ideological passions in one direction or another.

 

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The alleged "RIGHT" to abortion

This book is an invitation to deep and informed reflection on an issue that hurts our society and that some seek to disguise as a "right", under the euphemism of sexual and reproductive freedom.

Does a pregnant woman have the "right" to end the life of her unborn child? I am inclined to think not, because that life is innocent and is located in a situation of differentiated vulnerability. That is, it depends entirely on its mother to develop and survive during its first stage of development.

The body of the pregnant woman is the only place where the development of the life of the unborn conceived can continue. Only then are the optimal conditions necessary for that human life to continue its natural development.

After a long process of reflection, in these pages I set out the factual and theoretical reasons that justify the following statement:

Because he is a unique human individual and distinct from his mother, the unborn child is worthy and his life deserves respect and protection. This, under the premise that dignity – in its ontological sense – constitutes the basis and foundation of human rights. 

AUTHOR: DIANA GAMBOA AGUIRRE

 

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