Abortion Laws In Spain: Understanding The Legal Landscape

Abortion laws in Spain have fluctuated over the years, but as of 2023, abortion is legal upon request up to 14 weeks of pregnancy, and at later stages in cases of risk to the life or health of the woman or serious foetal defects. This legislation came into force in 2010, and while abortion remains a controversial political issue in Spain, attempts to restrict it have lacked majority support. In this context, it is important to understand the history of abortion laws in Spain, the current legal framework, and the ongoing debates and challenges surrounding the issue.

Abortion laws in Spain allow for termination up to 14 weeks

The history of abortion laws in Spain has fluctuated. During the 1930s, abortion laws were liberalised in Republican-controlled areas, but this progress was short-lived as the Franco regime, with the support of the Catholic Church, criminalised abortion once again. It wasn't until 1985 that abortion laws were relaxed, and further liberalisation occurred in 2010. Despite this, abortion remains a controversial political issue in Spain, with regular moves to restrict it failing due to a lack of majority support.

The current law allows for voluntary interruption of pregnancy, or induced abortion, up to 14 weeks. After this period, abortion is permitted only in cases of serious risk to the life or health of the mother or foetus, or if fetal anomalies incompatible with life are detected. This law also addresses the issue of "abortion tourism", where those with more resources would travel to other countries to obtain an abortion. By allowing abortion up to 14 weeks, the law aims to reduce the number of women who resort to unsafe and illegal abortions, which can be life-threatening.

While abortion is legal in Spain, there are regional disparities in access. In some areas, such as Castilla y León, women face significant challenges in finding nearby health centres that provide free abortions. This has resulted in women having to travel long distances or opt for private clinics, incurring additional costs. Additionally, conscientious objections from doctors and a lack of resources and information affect the right to choose. Despite these challenges, the law represents a progressive step towards ensuring safe and accessible abortions in Spain.

Abortion is allowed after 14 weeks in certain cases

Abortion laws in Spain have fluctuated over the years, with abortion being decriminalised in certain cases as early as the 1930s. In 2010, a new law was passed that allowed women to terminate their pregnancies within the first 14 weeks, and in certain cases beyond this point.

This law, known as the Organic Law 2/2010 of sexual and reproductive health and abortion, came into force on 5 July 2010. It states that abortion is allowed at the request of the woman within the first 14 weeks of gestation. After this point, abortion is permitted only in cases of serious risk to the life or health of the mother or foetus, or if fetal anomalies incompatible with life are detected.

In certain cases, abortion is allowed after 14 weeks of pregnancy. According to Article 15 of the law, abortion is permitted up to 22 weeks of pregnancy if there is a serious risk to the life or health of the mother or foetus. This includes physical or psychic pathology in the mother, or fetal anomalies that are incompatible with life. In these cases, a medical report is required to certify compliance with the legal conditions.

Additionally, there is no time limit for abortion if "fetal anomalies incompatible with life are detected" or if "an extremely serious and incurable disease is detected in the foetus at the time of diagnosis and is confirmed by a clinical committee". This provision ensures that women can access abortion services when faced with severe and life-threatening fetal abnormalities.

It is important to note that the law outlines specific requirements for the voluntary termination of pregnancy. The procedure must be performed by a physician or under their supervision in an accredited public or private health centre. Additionally, the express written consent of the pregnant woman or her legal representative is required, except in cases where the woman is a minor and there is a risk of family violence or abuse.

While the law provides a framework for abortion access in Spain, there have been challenges to its implementation. Regional inequality, poor planning, and conscientious objections from doctors have affected the ability of women to access abortion services. Additionally, territorial inequality is a significant issue, with a high percentage of abortions taking place in private health centres, which can be costly for women. Despite these challenges, the law represents a significant step towards recognising women's reproductive rights and ensuring their access to safe and legal abortion services in Spain.

Abortion laws in Spain vary by region

In some regions, such as Castilla y León, women seeking abortions have faced significant challenges, including long travel distances to reach the nearest health centre offering free abortions. This has resulted in many women opting for private clinics, where they have to pay out of pocket for the procedure. In 2021, over 84% of abortions in Castilla y León took place in private health centres, and five out of its nine provinces recorded zero abortions, indicating that women had to be referred to other areas.

The issue of abortion access is further complicated by conscientious objections from doctors, especially in conservative regions. In La Rioja, for example, the majority of doctors in public hospitals have refused to perform abortions due to religious beliefs. This has forced women to seek abortions in other regions or pay for private clinics.

Regional politics also play a role in abortion access. Castilla y León, governed by a right-wing coalition, has seen limited progress in improving abortion access, with only the provincial capital offering abortions in a public hospital. The influence of far-right parties in regional governments has raised concerns about the potential rollback of abortion rights in certain areas.

On the other hand, some regions have made efforts to improve abortion access. La Rioja, following a change in government, has started performing abortions for the first time due to staff education on sexual and reproductive health and the opening of a specialised public clinic.

The Spanish government has passed reforms to address unequal access to abortion, making it mandatory for each of the country's 17 autonomous communities to offer abortions in public hospitals. However, enforcement of these reforms has been inconsistent across regions, and the upcoming regional elections may impact the future of abortion laws, with fears that a far-right party could gain more influence.

Abortion laws in Spain have changed over time

1930s: During the 1930s, abortion laws in Spain underwent liberalization in regions controlled by the Republicans. This period of liberalization was short-lived, as the subsequent Franco regime, with the support of the Catholic Church, criminalized abortion.

1985: In 1985, abortion laws in Spain were relaxed, allowing induced abortion in specific cases. These cases included a serious risk to the physical or mental health of the pregnant woman, rape, and fetal malformations or defects. This law, known as the Organic Law 9/1985, was adopted on July 5, 1985.

2010: In 2010, abortion laws in Spain were further liberalized. The Socialist government of Prime Minister Jose Luis Rodriguez Zapatero amended the law, allowing women to terminate pregnancies on demand within the first 14 weeks or up to 22 weeks in cases of severe abnormalities. This law, known as Organic Law 2/2010, came into force on July 5, 2010, and was upheld by the Constitutional Court.

2022-2023: More recently, in 2022, the socialist government approved a bill to bring voluntary termination of pregnancy to public centers and allow abortion without parental consent for 16 and 17-year-olds. This reform aimed to improve access to abortion and guarantee free abortion across all of Spain. The reform came into effect in February 2023.

It is worth noting that abortion remains a controversial political issue in Spain, with regular moves to restrict it lacking majority support. Additionally, regional differences and inequalities exist, impacting the accessibility and availability of abortion services.

Abortion laws in Spain compared to other countries

Abortion laws in Spain have a fluctuating history. During the 1930s, abortion laws were liberalized in the area controlled by the Republicans, but this was short-lived as the Franco regime, with the support of the Catholic Church, criminalized abortion again. The laws were relaxed in 1985 and further liberalized in 2010.

Currently, abortion is legal in Spain upon request up to 14 weeks of pregnancy and at later stages in cases of risk to the life or health of the woman or serious fetal defects. This law, which came into force on 5 July 2010, is known as the Organic Law 2/2010 of sexual and reproductive health and abortion.

A comparison with other countries:

Ireland

Ireland legislated in favor of abortion in 2018.

Poland

In 2020, Poland enacted a new law that almost completely restricted access to legal abortion.

Malta

Malta is the only country in the European Union where abortion remains illegal in all cases.

Iceland

Iceland was the first European country to allow abortions on socioeconomic grounds in 1935.

Nordic countries

In the 1970s, Denmark, Sweden, and Norway regulated abortion at the woman's request. Finland and the United Kingdom followed suit in 1978 and 1990, respectively, enacting laws restricting abortions to the first weeks of gestation only, and primarily for socioeconomic reasons.

Austria, Sweden, and the Netherlands

These three countries are among the most progressive in the European Union regarding abortion laws. Austria allows abortion at the woman's request up to 16 weeks, Sweden up to 18 weeks, and the Netherlands up to 22 weeks.

Croatia and Sweden

Croatia has the lowest percentage of abortions performed at the woman's request (34%), while Sweden has the highest (99%).

France and the Netherlands

France and the Netherlands are the only European Union countries that have shown an increase in abortion rates in recent years.

Hungary and Estonia

Hungary and Estonia have shown a marked decrease in abortion rates, with Hungary moving from 40.4 in 2010 to 23.9 in 2020, and Estonia from 22.5 in 2010 to 12.4 in 2020.

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