Pictured: Headquarters of the Constitutional Court of Spain
Unfortunately the Spanish constitutional court has issued a new ruling after 13 years of silence on the issue of abortion. The ruling has copper-fastened the provision of abortion up to 14 weeks of pregnancy and found a new right termed “women’s self-determination”. The ruling has regrettably affirmed access to abortion as part of “fundamental rights” and explicitly included the provision of abortion as part of the broad heading of “women’s rights”.
The Spanish court also made alarming interpretations with regards to freedom of conscience, strictly limiting conscientious objection to the individual actively performing the abortion but not to other auxiliary, administrative or instrumental staff.
The majority ruling was supported by seven judges in favour, with four dissenting. Opponents on the court argued the ruling goes far beyond the interpretive function of the court. They criticised the ruling for failing to uphold previous rulings and judgements which affirmed certain rights of the unborn child and for establishing a new bundle of rights under the heading “women’s rights”.