Spain’s highest court has definitively approved an abortion reform introduced in 2010 which has created division on the political right and eroded the credibility of the country’s judiciary.
The legislation, introduced by the socialist government of José Luis Rodríguez Zapatero, made abortion available until the 14th week of pregnancy or until week 22 if the mother or baby were at risk. Previously, abortion was only allowed in cases of pregnancy caused by rape, if the mother’s health was at risk or if the foetus was malformed.
The conservative Popular Party (PP), which had close links to the Catholic Church and campaigned against abortion, appealed before the constitutional court for the law to be struck down. With the tribunal deeply divided on the issue between conservative and progressive magistrates, the appeal remained untouched for years, becoming a notorious example of the politicised nature of Spain’s justice system.
In January of this year, the court’s personnel were replaced and, with a progressive majority in place, it set about tackling the abortion appeal 13 years after it was filed. Although the court ruled to uphold the legislation, its members did not agree on the summary of the ruling by conservative Enrique Arnaldo. He asserted that the law should have guaranteed the provision of more information for women when considering having an abortion.
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On Tuesday, the court approved a new summary, drawn up by the progressive judge Inmaculada Montalbán, supporting the 2010 reform in its entirety and confirming that women have the right to access abortion.
“Abortion is a right thanks to the feminist struggle and despite the PP which, over 13 years never withdrew its appeal,” tweeted Irene Montero, minister of equality in the leftist coalition government. “Feminist rights are the foundation of democracy despite the resistance of the right.”
The 2010 legislation also allowed girls aged 16 and 17 to have abortions as long as they informed their parents or legal guardians. A more recent change introduced by the current government means that girls of that age do not need consent.
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Since filing the appeal against the reform, the PP has gradually distanced itself from the issue, which polls suggest is not a significant one for voters. Some on the right wing of the party, however, continue to speak out on it. In December, a group of former senior PP figures wrote a letter to leader, Alberto Núñez Feijóo, urging him to “be faithful” to his party’s traditionally pro-life position.
Reacting to the rejection of the PP’s appeal, the right-wing publication El Debate wrote an editorial titled: “Abortion is not a right, however much the Constitutional Court may whitewash it”.
Mr Núñez Feijóo has appeared keen for his conservatives to put the issue behind them, however, and has trod carefully when addressing it.
“I don’t consider abortion a fundamental right because it is not included in the [UN] Human Rights Declaration,” he said in February. “It can be carried out but only strictly within the terms of the law.”
He added: “Of the EU’s 27 countries, 25 have regulated abortion.”
