Today in Spain the Council of Ministers has approved the preliminary draft abortion law that limits the cases in which two may be aborted: violation in the first 12 weeks and risk to the mother's physical and psychological health within the first 22 weeks.
This new legislation is called the "Law for the protection of the life of the conceived and the rights of pregnant women", and will replace the previous legislation of 2010 which in turn was imposed on the 1985 Abortion Law. Let's see which These are the main changes proposed by this new law with respect to the previous ones.
The new abortion law
Now the government toughens abortion in Spain with a more restrictive norm that the law of 1985 to eliminate the malformations of the fetus as an assumption and to demand two reports from two different doctors (instead of one) to prove that the risk to women is an "important and lasting impairment" to their health. A report on the health of the mother and another report on the fetus will be necessary.
Free abortion will also be eliminated in the first 14 weeks contemplated by the abortion law of 2010, known as the "deadlines law", currently in force. In addition, the pregnant woman will have seven days instead of three to reflect before deciding whether to finally abort. For this, they will receive information on rights and aid, by doctors other than those who are going to practice abortion.
AdvertisingThe new abortion law eliminates the assumption of malformations of the fetus
This new law will also regulate conscientious objection of health professionals, who may plead their objections not to practice pregnancy interruptions. The professional will have five days to communicate his position in writing to the director of the center where he begins work. Conscientious objection will also be allowed for all physicians who participate in the process of termination of pregnancy.
On the other hand, the minors they will have to make the decision to abort "protected by their parents". All girls between 16 and 18 must have the consent of the parents or guardians. In case of conflict it will be the judge who decides if the consent of the minor is valid unless "constant lack of maturity, in which case it will resolve according to their interest."
In the case of children under 16 years of age, the consent of the parents and the manifestation of the will of the minor will be necessary, "for what will be taken care of at their age, maturity and circumstances". The judge will be again who decides in case of disagreement daughter-parents.
Another novelty is that advertising of medical centers or procedures to voluntarily terminate pregnancy is prohibited.
The minister stressed that the new law will not include jail sentences or fines for women who interrupt their pregnancy outside the assumptions, although medical professionals can be affected.
In essence abortion is no longer considered as a right (law of 2010) but it has proceeded to the "decriminalization of assumptions" (something similar to what was done in 1985).
Assumptions in which the new abortion law will allow abortion
The assumptions in the "Law on the protection of the life of the conceived and the rights of pregnant women" They are reduced from three to two:
Rape: The violation must have been reported before and request the termination of pregnancy in the first 12 weeks of pregnancy.
Serious risk to the physical or psychological health of women: in the case of risks to women's health, the limits and conditions require reports about the woman and the fetus, if she suffers from a fetal anomaly incompatible with life. Fetal anomalies incompatible with life are those associated with the death of the fetus. If the fetus has some type of disability, it would not be a case of decriminalization of abortion, unless that anomaly causes a psychic harm to the woman. In this case you can abort until week 22.
After week 22, abortion can only be performed when there is a vital risk to the mother or when there is a psychological risk due to a fetal anomaly incompatible with life that had not been detected before.
In all other cases, when there is a risk to the health of the mother, an induced labor will be carried out after week 22, since it is understood that from this date the fetus may be viable.
Through this new regulation on abortion Spain will move away from the rest of Europe, where most countries have deadline laws. A very controversial reform and will continue to give much to talk soon.
