Abortion in Spain

Abortion in Spain is legal with some restrictions. Abortion during the first trimester is legal on demand. However, abortion during the second trimester is legal for serious risk to the health of the woman or fetal defects.

Abortion legislation in Spain has a varied history. During the 1930s, abortion law was liberalized in parts of Spain, but this was short lived, as the Franco regime -a conservative authoritarian government- outlawed abortion again. The laws were relaxed in 1985, and were further liberalized in 2010. Abortion remains a controversial political issue in Spain, and regular attempts to restrict it occur.

In recent years, abortion rates have been falling, as better access to contraception has been introduced.

Voluntary Interruption of Pregnancy Induced Abortion in Spain is regulated under Title II of the Organic Law 2/2010 of sexual and reproductive health and abortion. This law legalizes the practice of abortion during the first 14 weeks of pregnancy. The law came into force on 5 July 2010. The previous regulation —Organic Law 9/1985— decriminalized abortion on several points. The conservative People's Party in June 2010 filed an action against several provisions of law to the Constitutional Court, which has not yet been pronounced. In the electoral program for the general election held on 20 November 2011 the People's Party included modifying the law on abortion.

In Spain, induced abortion has been a practice totally banned, illegal and punishable except for a period of the Second Republic and from the 9/1985 and the last 2/2010 law acts which, to varying degrees, have decriminalized abortion.

For authors such as Ibáñez and García Velasco, prohibition and criminalization of abortion did not prevent about 100,000 abortions from happening a year. From this point of view, punishment would not solve the problem as hiding contributed decisively in the death of women who practiced abortion in conditions of illegality and legal and sanitary uncertainty. In 1976, according to the Supreme Court, between 200 and 400 women died from illegal abortions.

Moreover, advocates of legally induced abortion argue that the problem of hiding mainly affects poor women with fewer economic resources as women in a better social position would have resorted to the activity known as "abortion tourism", meaning they travel to other countries to practice the induced abortion. Considering the point of view presented as being against abortion, the arguments offered for banning it include that it is a criminal and murderous practice. In any case, both the supporters of legalization, as its detractors put the bulk of their argument in defense of life, firstly in the life of the mother, secondly in the life of the unborn child. In both cases, virtually all the Spanish people interviewed, have been in favor of more social awareness on abortion and the need for government to regulate its intervention.

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