Spain legalises abortion for teens without parental consent
Girls aged 16 and 17 will now have the choice to terminate their pregnancies in Spain
More than a year after it was originally passed and after a lengthy appeals process, Spain’s Constitutional Court has endorsed the reform of the abortion law which will allow 16- and 17-year-old girls to terminate pregnancies without parental consent.
Far-right political party Vox launched the appeal, claiming that the amendments could violate various constitutional precepts such as the principles of freedom, plurality and legality, as well as the rights to equality, life and ideological freedom.
The new measures included in the law
Under this regulation, the deadlines established by law in 2010 are maintained, so abortion continues to be open to everyone during the first 14 weeks of gestation. From that period onwards, pregnancy may only be terminated exceptionally until week 22 when there is a serious risk to the life or health of the pregnant woman or risk of serious anomalies for the fetus.
After 22 weeks, a termination will only be possible when fetal anomalies incompatible with life or an extremely serious and incurable disease confirmed by a clinical committee are detected.
- Women may voluntarily terminate their pregnancy from the age of 16. They will no longer require consent from a parent, guardian or legal representative.
- All public health centres in Spain must offer abortions.
- A registry of conscientious objectors will be created. Anyone who declares themselves an objector will not be allowed to perform abortions, even in private medical facilities.
- The obligation to inform women about maternity support benefits and aid is eliminated, as is the three-day reflection period.
- The reform extends reproductive rights to all “trans people with the capacity to gestate”, that is, those who have changed their sex to male, but who have maintained their female reproductive system.
The law reform also includes new rights:
- The law establishes the right to temporary time off from work for women due to painful, disabling periods.
- Women will be entitled to temporary disability payments from the 39th week of pregnancy and while receiving abortion aftercare if they can’t work.
- Free menstrual hygiene products (tampons, pads or menstrual cups) will be provided in educational centres, prisons and social centres for women in vulnerable situations.
- Public and universal access to contraception is also guaranteed and public authorities are urged to promote co-responsibility, supporting research and financing of male contraceptives.
- Affective-sexual education will be part of the curriculum throughout compulsory education.
- Forced sterilisation and contraception, forced abortion and surrogacy are included as violence in the area of women's sexual and reproductive health.
- To prevent surrogacy, which is still illegal in Spain, advertising by intermediation agencies is prohibited.
Image: Zarateman via Wikimedia Commons
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