The Government plans to approve next Tuesday the rule that will replace the current Abortion Law, approved in 2010, with which it is intended to shield the right to voluntary interruption of pregnancy in public health. The draft of the standard, to which the Being Chain, returns the right to 16 and 17-year-old girls to have an abortion without consent and would avoid recourse to the previous law that the Popular Party filed more than a decade ago and that now the Constitutional Court wants to retake. Sources from the Ministry of Equality confirm that the rule is still being negotiated, so it may undergo changes, but the forecast is that the Council of Ministers will give it the green light on May 17.
Irene Montero: "Abortion will be guaranteed in all public hospitals"
If the text is approved as it is currently drafted, the law would have an unexpected effect on the recourse to the previous law that the Constitutional Court has recently reactivated. The new rule maintains the deadlines, but by repealing the current legislation, it leaves the content of the unconstitutional appeal that the court planned to study after more than a decade frozen.
Some of the main lines of the text Minister Irene Montero has already advanced them in Congress last February. Among other issues, the idea is to guarantee that abortions are carried out in centers of the public health system. Currently these are a minority. The prevailing model in Spain is concerts with accredited clinics because there are entire hospitals that plead conscientious objection not to perform interventions. As there are provinces in which there are no centers with which to arrange the service, thousands of women must travel for it every year.
To try to correct it, the law, assures Cadena Ser, plans to regulate the conscientious objection of professionals and that all centers have gynecology and obstetrics professionals who can perform the interventions. It will be done through a regulation in the style of the Euthanasia Law, which establishes the obligation for communities to make records in order to know for sure how many professionals object and how many do not to start up the service.
The law also recovers the right of 16 and 17-year-old girls to have abortions without their parents' consent after the Popular Party reformed the law to exclude them in 2015. It was what remained of Alberto Ruiz-Gallardón's counter-reform attempt, then Minister of Justice, to restrict the right to abortion in Spain and who resigned after strong social and feminist opposition.
Part of the text is dedicated to everything that has to do with menstrual health: three-day leave for painful periods and leave for women who interrupt their pregnancy, the obligation for educational centers to have products available for periods or free access to the same for women who are at risk of exclusion or in prison.
Also, according to the draft that Cadena Ser has advanced, it includes surrogacy as a form of violence against women, prohibits the advertising of intermediary agencies and establishes that the courts may prosecute couples who go abroad to access this practice, illegal in Spain.