The Euro-Mediterranean Human Rights Network (EMHRN) expresses deep concern about the bill just approved by the Spanish government, which would take away from women living in Spain a great part of their right to get an abortion in the first weeks of pregnancy. This right became legal in 2010. The EMHRN condemns the reform as it bears very worrying consequences on both the rights of women and their health.
On 20 December 2013, the Spanish Council of Ministers approved a Draft Organic Law on the protection of the life of the conceived and the rights of pregnant women. The EMHRN reminds that if the law is adopted by parliament[1], the right to abortion in Spain would be dramatically restricted and the country would go back to the situation that prevailed in 1985.
Under the new law, doctors and health professionals who carry out abortions would face one to three years’ imprisonment and a ban from practicing their profession for up to six years. Under the new provisions, advertisement for medical centres, institutions or services practicing voluntary terminations of pregnancy would be banned as would advertisement on current means, offers and procedures. This constitutes a serious violation of women’s right to get information on sexual health and an obstacle to freedom of communication.
The EMHRN is especially concerned about the consequences the reform would have on women’s health. If adopted, women would again be compelled to undergo unsafe illegal abortions or travel abroad for those who can afford it. It would only deepen social divide, distress in pregnant women and maternal mortality. On the other hand, the law currently in force provides a response to a genuine social need, as shown by statistics[2].
Furthermore, the reform would mean a worrying step backwards for women’s rights, and would be in conflict with General Recommendation no 19 of the CEDAW Committee[3], as well as with recommendations by the United Nations Population Fund[4] for women under 18 as they would be required to get their parents’ consent.
The EMHRN expresses concern about the worrying campaign launched by opponents of abortion throughout Europe[5], and for these reasons, calls upon:
– The Spanish government to withdraw the bill as it constitutes a threat to women’s right to life, dignity, non-discrimination, respect for privacy and family life, personal development and self-reliance, and to health including sexual health;
– Members of the Spanish Parliament to reject the reform as contrary to the values of liberty and equality upheld by the European Union.
ABORTION IN SPAIN – WHAT THE NEW LAW WILL CHANGE IF ADOPTED BY PARLIAMENT
Provisions currently in force on the right to Voluntary Termination of Pregnancy (Organic Law 2/2010)
- VTP is authorised in the first 14 weeks of pregnancy
The period is extended to 22 weeks in case of malformation of the fetus
There is no condition or limitation to the right to carry out VTP within the legal timeframe.
Provisions of the draft Organic Law on the Protection of the Conceived and the Rights of Pregnant Women, as approved by the government in December 2013
- VTP is illegal, except in two strict cases:
1°) When pregnancy is the result of rape and provided that the rape has been reported to the police by the pregnant woman.
2°) When continuation of pregnancy would be a serious danger that would lead to permanent or long term damage to the pregnant woman’s physical and psychological health, as certified by two physicians neither linked to the medical centre nor to the health practitioner that would carry out the abortion.
- In both cases mentioned above, abortion will have to take place within the first 22 weeks of pregnancy.
After this period, abortion would only be authorised in case of serious threat to the psychological health of the pregnant women caused by a previously undetectable anomaly incompatible with the life of her newborn.
[1] The Spanish People’s Party does not need the support of other parties as it currently holds enough seats in parliament.
[2] See the 2012 statistics published by the Spanish Ministry of Health http://www.msssi.gob.es/profesionales/saludPublica/prevPromocion/embarazo/docs/IVE_2012.pdf
[3] General Recommendation no 19 of the CEDAW Committee requires State Parties to ‘ensure that measures are taken to prevent coercion in regard to fertility and reproduction, and to ensure that women are not forced to seek unsafe medical procedures such as illegal abortion because of lack of appropriate services in regard to fertility control;
[4] The United Nations Population Fund calls on governments to protect girls’ rights to education and health, including sexual and reproductive health.
[5] 16 000 anti-abortion protesters march through the streets of Paris on last 19 January.