Spain to Loosen Abortion Restrictions
Legalizing Early Stage Abortion Despite Conservative Opposition
Feb 20, 2009
As local governments in the United States restrict abortion access, a Spanish parliamentary committee has recommended legalizing early stage abortions. Abortion is technically a crime in Spain but can still be obtained by women with a doctor's certification that their physical or mental health is at risk if they carry their pregnancy to term.
Abortion was technically decriminalized in Spain in 1985 with the current law that allows abortion in the first 12 weeks in case of rape, and 22 weeks in case of fetal malformation. But theoretically, women could terminate their pregnancy at any time without restrictions according to fetal development because of the mental health clause.
The pro-life groups say this vague mental health rhetoric leaves the law open enough to apply to any woman seeking an abortion at any time. Statistically, however, it doesn't seem that it is common abused. According to Johnston's Archive, Spain had an abortion percent of 16.4 percent in 2005, meaning abortions as percentage of pregnancies (excluding fetal deaths/miscarriages). Compared to the United Kingdom's rate of 22.3 percent and the United States' rate of 22.6 percent, Spain certainly has a lower rate.
But women do not have the same reproductive freedom as in the United States and the United Kingdom. For a woman to obtain an abortion, she must have a doctor's approval. She is not able to make the decision for herself regarding her reproductive health. Rather, it is a medical decision to be made by a third party to determine what is best for her, rather than what she thinks is best for herself. This new law will allow women to have control over their own bodies and address the concerns of pro-life groups by placing fetal development stage requirements.
The new law would allow early term abortions without restrictions but has not determined when fetal development restrictions would be applied. Current debate suggests that women will have to seek permission from a doctor after the 12th or the 14th week of pregnancy. These revisions will bring abortion laws in Spain into alignment with most European countries.
The current law came under attack in 2008, when abortion clinics in Madrid were raided leading to the arrest of 25 women and doctors for falsifying certificates. As a result, clinics have gone on strike in protest of the raids and the Socialist government has chosen to push the new abortion laws forward more quickly in the wake of national and international criticism.
The debate over the new abortion legislation is part of a continuing clash between the current Socialist government against conservative and Catholic factions. The Socialist government has been pushing for social change in a number of areas, including the legalization of gay marriage and increased rights for the transgender and transexual community. But conservative groups oppose such reformations as they try to maintain traditional family values in the political and legal systems.
