The Judicial Politics of Abortion in Latin America: Argentina, Colombia, Costa Rica, and Mexico

Latin America has traditionally imposed the strictest limits on legal abortion in the democratic world, but over the last twenty years, constitutional courts across the region have issued important rulings on its regulation. In The Judicial Politics of Abortion in Latin America, Jordi Díez analyzes four landmark cases in Argentina, Colombia, Costa Rica, and Mexico. Based on research in all four countries, including interviews with high court justices and law clerks, Díez argues that the decisions’ variance is explained by two main factors: justices’ and law clerks’ ability to assemble legal majorities in favor of reducing abortion restrictions, and each country’s unique political landscape. As debates about a woman’s right to choose unfold around the world, Díez offers important and timely lessons from Latin America.

Jordi Díez is professor of political science at the University of Guelph.