On December 25, 1936, abortion during the first 12 weeks of pregnancy was legalized in Catalonia, with a decree signed on January 9, 1937 by Josep Tarradellas (Diari Oficial de la Generalitat de Catalunya, núm.9). [12] [13] [14] Opponents of abortion, including the Catholic Church, counter that it is the murder of innocent human lives, an inherently evil and murderous practice that degrades respect for all life and leads society into a culture of death. [9] The Conservative People`s Party lodged a complaint against several legislative provisions with the Constitutional Court in June 2010. In its manifesto for the general elections on 20th November 2011 the People`s Party proposed an amendment to the law on abortion. [10] [11] Women from Gibraltar and Andorra eventually came to Spain for abortions, as the procedure remained illegal until the 2000s and was punishable by prison sentences. [31] [32] Under previous laws, authors such as Ibáñez and García Velasco argued that banning and criminalizing abortion could not prevent about 100,000 abortions per year. [7] Thus, punishment did not save the unborn child, but contributed decisively to the deaths of women who had undergone illegal and unsafe abortions (200 to 400 women in 1976, according to a Supreme Court document). In addition, proponents of legal abortion argue that the problem of concealment mainly affects poor women, as those with more resources would have traveled to other countries to have abortions, a practice known as « abortion tourism. » [8] « The doctors are trying to convince you that you don`t like your child because he wants an abortion, » said Espinosa, who travelled to the neighbouring region of Navarra to terminate her pregnancy. « I felt like I was doing something secret. » In five of Spain`s 17 autonomous regions – the equivalent of states – no public hospital offers abortions, according to the latest government statistics. Women can still have an abortion at a subsidized private clinic, but in many cases they have to cross state borders to get one.
The PSOE introduced regulations to legalize abortion in 1983 through an amendment to the Spanish Penal Code. [6] Abortion was eventually legalized by Congress later that year by a vote of 186 to 50, but did not go into effect until July 1985, when the Coalición Popular (now Partido Popular) challenged its constitutionality. The decriminalization of abortion was allowed for three reasons. The first was that it was ethical in the case of rape, the second that it might be necessary to save the mother`s life, and the third was eugenic in allowing abortion in cases of fetal malformation. [17] [20] [18] [6] The three conditions that allowed abortion were criticized, particularly on maternal mental health grounds, as opponents of abortion believed that in practice they allowed abortion on demand, even though women were legally required to have a psychiatrist testify about their mental health problems before the procedure could be performed. [20] [18] Other countries have legalized abortion at the same time. Italy legalized abortion in May 1981 following a referendum, while in Portugal, abortion was legalized by parliament in November 1982. [17] They call themselves « conscientious objectors, » a term coined by pacifists who refused military service. And like those who have claimed a moral duty not to go to war, many doctors in Spain say performing abortions would violate their oath not to do harm — a promise, they say, that extends to the fetus.
On January 24, 1941, Franco`s abortion was officially declared a crime against the state. [1] [7] [8] It was already a crime based on the Código Penal of 1932. [9] [10] Doctors who performed abortions could receive prison sentences ranging from 6 years to 1 day to 14 years and 8 months, as well as fines ranging from 2,500 to 50,000 pesetas. Doctors have lost their professional qualifications for 10 to 20 years. Pharmacists or other persons in their service who dispense substances or medicines considered to be defective may face loss of professional qualifications for 5 to 10 years and fines ranging from 1,000 to 25,000 pesetas. Any doctor, midwife or other doctor who has witnessed an abortion is required by law to report it to the authorities. Otherwise, a fine will be imposed. At the same time, any sale of equipment used for contraceptive purposes or to promote their use may result in imprisonment from 1 month and 1 day to 2 months. [1] [7] Sex education was also banned, with penalties for teaching. [8] The Penal Code was amended in the Código Penal of 1944 by adding a penalty for third parties who perform an abortion on a woman without her consent or inadvertently induce an abortion if they are violent towards a pregnant woman.
Both offences resulted in minor prison sentences. [10] The 2010 law stipulated that, in exceptional circumstances, a woman may be referred to a private medical centre if public health services were unable to perform the procedure in a timely manner; However, this « exception » has become the rule in most cases. According to this law, the mother can terminate the pregnancy in public or private health centers within the first 12 weeks for rape, in the first 22 weeks for eugenic reasons and at any time during pregnancy for therapeutic reasons. In the second and third cases, a medical report was required to certify compliance with the legal requirements; In case of rape, a police report is required. In all three cases, abortion under medical supervision in a medical institution approved for abortion was not punishable with the express consent of the woman. In other cases, the penal code provided for various prison sentences for mothers and doctors who performed abortions outside the law. In 2010, the law was expanded with the adoption of Organic Law 2/2010 on Sexual and Reproductive Health and Voluntary Abortion. The most significant change to these new regulations allowed every woman to have an abortion free of charge and for any reason during the first 14 weeks of pregnancy, provided she was informed of her rights and the availability of public maternity assistance. She then had to wait three days to think about her decision before moving on to the final stage. The law also established a set of policies that protect women`s privacy when seeking abortions and ensure they have access to health care. Abortion was officially declared a crime against the state by Franco in January 1941, with criminal penalties, fines, and loss of rights for women, medical professionals performing abortions, and pharmacists providing medicines to facilitate abortions.
They were allied in their actions by the Roman Catholic Church. The state has gone to great lengths to keep women in the dark about birth control and abortion. But the women still had abortions. Beginning in the mid-1960s, feminists campaigned for abortion rights. In the 1970s, women travelled to England, Wales, the Netherlands and North Africa for abortions. Eugenics in Spain in the late 1930s and 1940s was not based on race, but on people`s political orientation toward the regime. Ricardo Campos explained: « The race issue in Franco`s era is complex. » He explained: « Despite the similarities of the Franco regime with Italian and German fascism and the interest aroused by eugenics, the strong Catholicism of the regime prevented the defense of eugenic policies practiced in Nazi Germany. » He added: « It was very difficult to biologically racialise the Spanish population because of the mixture that has been produced historically. » Vallejo-Nágera, in his 1937 work Eugenics of Hispanic and Regeneration of the Race, defined Hispanic around spirituality and religion.