Five days ago the Rajoy Government approved the preliminary draft of the Law for the Protection of the Life of the Conceived and of Pregnant Women’s Rights.
It is a controversial project, in as much as it collides with the socialist reform of 2010, which regarded abortion as a “woman’s right”, and that did little to emphasize the importance of the designed child.
The most recent judgements of the Spanish Constitutional Court have therefore been recognized by the Parliament, guaranteeing the “nasciturus” the right to life which is established in article 15 of the Spanish Constitution. However, this new legal consideration of the fetus cannot be assimilated fully to that of a human being after birth, insofar as it continues to recognize certain legal cases in which an abortion would be allowed.
The most important aspects to be aware of in the proposed reform are that a woman can only abort her child within 12 weeks of gestation is case of rape and within 22 weeks in case of serious danger to the health or life of the woman. In the first case a report of sexual assault is required, while in the second it is mandatory to provide a report from two physicians that indicates danger for the woman.Article by Mark Athos Franklin, English lawyer at the Rodriguez Bernal law firm. For more articles on criminal law or for more articles in English, click the links provided. Antonio Pedro Rodríguez Bernal At the Rodriguez Bernal law firm we have a department specialised in criminal law that is highly experienced in assisting clients from many countries and nationalities. For more information about the services we offer on criminal issues, visit our web site or contact us directly. Email: firstname.lastname@example.org