‘May’ vs. ‘shall’
Guadalajara, Mexico, June 24, 2009 (CNA) -- The governor of the Mexican state of Jalisco, Emilio Gonzalez Marquez, has filed an appeal with the country’s Supreme Court challenging a new federal regulation published on April 16 that obliges public hospitals to provide abortions in cases of rape.
If the appeal is successful, Jalisco would not be forced to implement the regulation.
According to the Mexico City daily Reforma, the constitutional challenge was filed on June 15. It must be addressed within 30 days.
“If the court decides by a majority of eight votes that the regulation is unconstitutional, Jalisco will be exempt from the obligation to implement it,” the newspaper reported. It said this was the first time a state has filed a constitutional challenge against the application of a federal healthcare regulation.
The newspaper also reported that in early June a group of doctors from various hospitals in 14 Mexican states signed a petition against the regulation, arguing that criminal investigations to determine whether or not a woman was raped or assaulted should be left in the hands of law enforcement, rather than hospitals.
In Mexico City, some 40 clinics and private practice doctors have signed briefs challenging the rule.
Mexico’s Secretary of Health apparently caved to fierce protests from feminist and anti-life organizations over a regulation issued in January 2009 that said health care providers “may” administer “emergency contraception” and even provide abortions for women in cases of rape. Following outcries from feminist and pro-abortion groups, the Secretary of Health in April changed “may” to “shall.”
If the appeal is successful, Jalisco would not be forced to implement the regulation.
According to the Mexico City daily Reforma, the constitutional challenge was filed on June 15. It must be addressed within 30 days.“If the court decides by a majority of eight votes that the regulation is unconstitutional, Jalisco will be exempt from the obligation to implement it,” the newspaper reported. It said this was the first time a state has filed a constitutional challenge against the application of a federal healthcare regulation.
The newspaper also reported that in early June a group of doctors from various hospitals in 14 Mexican states signed a petition against the regulation, arguing that criminal investigations to determine whether or not a woman was raped or assaulted should be left in the hands of law enforcement, rather than hospitals.
In Mexico City, some 40 clinics and private practice doctors have signed briefs challenging the rule.
Mexico’s Secretary of Health apparently caved to fierce protests from feminist and anti-life organizations over a regulation issued in January 2009 that said health care providers “may” administer “emergency contraception” and even provide abortions for women in cases of rape. Following outcries from feminist and pro-abortion groups, the Secretary of Health in April changed “may” to “shall.”
