Date Published: 10/05/2023
Spanish abortion law recognised in court... 13 years after it was passed
The law in Spain recognises the rights of women to an abortion up to 14 weeks
The Constitutional Court (TC) in Spain has given final approval to the contentious abortion law that was first introduced by the Socialist government of Jose Luis Rodriguez Zapatero back in 2010. The centre-right People’s Party (PP) has been filing appeals against the constitutionality of the law for the past 13 years, but these have now all been exhausted.
"The Abortion Law is constitutional," Equality Minister Irene Montero said on Twitter during the last wave of appeals in February, adding that "never again will 13 years go by in which a single woman's right is questioned".
The court has upheld the legislation which guarantees a woman can freely terminate her pregnancy during the first 14 weeks of gestation (or until week 22 if the mother or baby is at risk) and has ruled that the government must do everything in its power to protect her physical and moral integrity.
Under the original law, girls aged 16 and 17 were allowed to have an abortion once they informed their parents or guardians but a recent reform means that these teenagers can now terminate a pregnancy without parental consent.
Through the same amendment, Spain became the first European country to approve sick leave for women with painful periods.
“Abortion is a right thanks to the feminist struggle and despite the PP which, over 13 years never withdrew its appeal,” tweeted Irene Montero, when the law was declared constitutional on Tuesday May 9. “Feminist rights are the foundation of democracy despite the resistance of the right.”
Abortion was first legalised in Spain back in 1985, but at the time it was only allowed in cases of foetal abnormality, rape or potential mental or physical risk for the mother.
Image: K3TO via Wikimedia Commons
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