The Decriminalization of Abortion in Latin America: A Tale of Gradual Judicialization

Latin America historically has had some of the strictest abortion laws in the world, making unsafe procedures a main cause of mortality among women and girls. However, in the context of the Green Wave, three countries recently have amply decriminalized access to abortion: Mexico (2021, 2023), Colombia (2022), and Argentina (2020) (Uruguay did so in 2012). The recent wave of decriminalization is the culmination of larger, historical processes that involved the gradual judicialization of reproductive rights in the region. Courts have been a central part of the story. In these three cases, arguments advanced by state and nonstate actors in favor of decriminalization significantly built on jurisprudence developed over many years. The process of abortion decriminalization has been partly a tale of gradual judicialization.