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The Spanish Constitutional Court rules in favor of abortion 13 years after the appeal was filed

09-MAY-23 • España •

The Spanish Constitutional Court, recently renovated in several of its members by the PSOE-UP (far-left) coalition government in collusion with the so-called conservative party (Partido Popular) and ignoring the judiciary protests, has issued a ruling in favor of the recent government-approved abortion law that virtually makes abortion a free practice before 14 weeks of pregnancy, even for adolescents without their parent’s consent. The ruling comes after 13 years of delay with respect to the appeal filed, which many analysts have considered a de facto prevarication.

Contrary to all previous jurisprudence, the Court, in vague expressions not really based on actual Spanish law, grants the right to abortion in the name of a right to “physical and moral integrity, dignity and the free development of one's personality”, always, of course, meaning the mother’s, not the unborn child's.

Throughout its ruling, the Court does not grant the slightest protection to the unborn in these first weeks of pregnancy, and justifies its obligation to provide it precisely in the limitations of abortion after this period. Needless to say that when life is unprotected at the beginning of its development, it is impossible to protect once it has been supressed. So such protection becomes ineffective, or a simple excuse.

The Court dares to affirm that ensuring the “right” to abortion is an obligation of the Public Administrations when ensuring fundamental rights. The fundamental right to life of the nasciturus is not taken into consideration.

Also the ruling considers that an unborn human being (nasciturus) has no right to life, because "it isn't a person". Event though previous sentences stated that unborn life should be protected by the State (as any kind of human life), this new sentence says that the women rights to decide is above this protection.

The Court bases this "evolutive" interpretation of the Spanish Constitution on UN and EU declarations in favor of abortion.

As the particular vote of one of the magistrates against the ruling says, there is no mention in the Spanish Constitution of a theoretical right to abortion or its inclusion in fundamental rights.

To complete its journey to an ideological and non-legal interpretation, the Court limits the right to conscientious objection, reserving it for doctors who directly participate in abortions, and denying it to the rest of the support staff. In this regard, it fully coincides with the ideological postulates of the government's party, to which several of these “progressive” magistrates belonged years ago as ministries or other partisan positions.