Critical study of a new dilemma in the mexican legal system. the regulation of induced abortion: a right of the unborn child to be born or woman’s right to self-determination over their own bodies?

Abstract

The complex problems of induced abortion have become one of the national issues in many countries, including Mexico. The three fundamental methodological foundations on which this work is based are the defense of critical theory of human rights, interdisciplinary and systematic method of legal interpretation. The reform of penal code for the Federal District, 2007, has implied to the emergence of a new dilemma, which has five levels of concretion: semantic, logical, epistemological, and finally, legal dilemma. The legal dilemma is determined by two factors: the legal content andlegislative policy in the reform of the Penal Code of the Federal District. They are not properly found the legislative competence in relative to abortion between the Federal and the State level. That produces laws duplication about identical behaviors, but with antagonistic solutions.