En EspañolTop judges clash over new Spanish abortion bill
Spain’s highest judicial authority – the General Council of Judicial Power – has voted 3 (two socialists and a Basque nationalist) – 2 (conservatives) to reject an initial report on Zapatero’s new Abortion Bill (technically the Sexual and Reproductive Health and Voluntary Interruption of Pregnancy Bill).
Spanish pro-abortion march
A new report, more favourable to the government’s wishes, is being drawn up by the Basque nationalist member of the council and will be voted on and sent back to ZP’s government next week.
The initial report was drawn up by a conservative member of the council and questioned the constitutionality of the proposed new bill, arguing that the Spanish constitution and constitutional doctrine protect the right to life, including that of the unborn foetus.
The main sticking points for Spanish conservatives are that Zapatero wants a law in which:
- abortion is a woman’s right;
- abortion will be freely permitted up to the 14th week of pregnancy;
- minors older than 16 years will be allowed to abort without parental consent;
- no mention is made in the new bill of the man, the father, the father figure;
This El País article mentions two pieces of Spanish legislation which appear to be providing grounds for debate: article 154 of the Spanish Civil Code and the Patients Independence Act which allows minors older than 16 years to undergo all types of surgical operations without parental consent, except abortion, artificial insemination and clinical trials.
Article 154 of the Spanish Civil Code states that:
Non-emancipated children remain under the protection of their parents.
Parental guardianship will always be exercised in favour of the children, according to their personality, and respecting their physical and psychological integrity.
This guardianship is comprised of the following duties and faculties:
- To watch over them, keep their company, feed them, bring them up and provide them with a rounded education;
- To represent and administer their property.
If the children show sufficient judgement, they must always be heard before any decision which might affect them is taken.
Parents may, in exercising their guardianship, ask for help from the authorities.
