Spanske myndigheter vil begrense tilgang til abort

Skrevet av: Anneli Rønes, 03.02.12

Den spanske justisministeren har bekreftet at landets regjering planlegger å innføre nye restriksjoner mot abort. Myndighetene vil kreve at kvinner må gi en godkjent begrunnelse for deres ønske om å ta abort, noe som vil bety slutten på lovgivningen fra 2010 som ga kvinner rett til selvbestemt abort frem til uke 14. Hvis endringen går gjennom, betyr det en retur til abortlovgivning lik slik den ble bestemt i 1985. Justisministeren mener at abortloven slik den er fra 2010 "nekter den ufødte retten til liv", mens motstandere argumenterer for at en gjeninføring av restriksjoner fjerner jenters og kvinners rett til å bestemme over egen morskap, og hvor valg som omhandler deres kropp blir plassert i hendene til helsearbeidere.

Den spanske føderasjonen for familieplanlegging gikk i går, 2. februar, ut med følgende pressemelding:

The statement of the Minister of Justice, regarding the changes that the spanish government is going to do for cases of abortion to be given under the "absence of legal reproach" denies and penalizes right of women to decide freely and responsibly on motherhood, getting back to the Criminal Code of 1985, which is a clear setback in relation to women's basic rights away from most of the European laws.

Spanish Federation of Family Planning (FPFE) and its member Association oppose the idea of ​​returning to an abortion law based on assumptions similar to legistlation of 1985 (the abortion is necessary: 1) to avoid a serious risk to the physical or mental health of the pregnant woman, 2) the pregnancy is the result of rape, 3) the foetus, if carried to term, will suffer from severe physical or mental defects) as this involves:


For society:
1. Increases economic inequality among those that will always be able to afford an abortion and other citizens for whom will be difficult to access for financial constraints.
2. Limites the promotion sexual education and access to contraception as essential elements of current law. More restrictive laws are not linked to any reduction in abortions. Add barriers to contraception and the emergency contraception leads to an increased need for abortion.
3. The application of the current law has not generated any health or legal problem, nor has it increased the numbers of abortion in any autonomous region, and therefore a measure like this is against the feelings of the majority opinion prioritizes a few, based on moral, not scientific claims.
4. Ambiguous rules as above, provided that each region acts in accordance with the political ideology of their governments, leading to possible increase health inequalities.
5. Away from the prevailing legal framework in the European Union (only Ireland, Poland and Malta, have more restrictive laws than Spain).

For women:
6. A violation of their rights by denying his ability to decide about her pregnancy and her body, and to delegate its authority over a tutor or expert who decide for them.
7. Legal uncertainty as the criminalization of abortion leads to back anyone who is relying on an assumption of decriminalization can be subsequently questioned and prosecuted.
8. Lengthens and complicates the process favoring late-term abortion and illegal abortion, with grave danger to the health of women.
9. Increased psychological distress and suffering that accompany unwanted pregnancy.


For professionals:
10. Legal uncertainty and may question the placement of an alleged decriminalized and filed lawsuits against him /her.
11. Place back to the professionals, especially psychiatrists, in difficult situations because according to previous performance, over 90% of the cases were justified by them.


For the fetus:
12. Less consideration of its legal protection as well as the ambiguity imposed by the subjectivity of the expert who has to issue a report that justifies the intervention may not respect the time related to fetal viability are considered and defined itself with the current law.

Therefore we consider that the measures taken are inadequate and seek request:

The full implementation of the Law on Sexual and Reproductive Health issued in 2010, especially the inclusion of sexual education in primary and secondary school, and the universal access to contraception, including morning-after pill: as important elements, demonstrated by scientific evidence and contrary to the restrictive abortion laws, that reduce the number of abortions.