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Abortion in Spain

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Abortion in Spain

Abortion in Spain is legal upon request up to 14 weeks of pregnancy, and at later stages in cases of risk to the life or health of the woman or serious fetal defects.

Abortion legislation in Spain has a fluctuating history. During the 1930s, abortion laws were liberalized in the area controlled by the Republicans, but this was short-lived, as the Franco regime, with support of the Catholic Church, criminalized abortion again. The laws were relaxed in 1985, and were further liberalized in 2010. Abortion remains a controversial political issue in Spain, but regular moves to restrict it have lacked majority support. In recent years, abortion rates have been falling, as better access to emergency 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 which came into force on 5 July 2010 and legalizes abortion during the first 14 weeks of pregnancy.

Under the previous laws, authors such as Ibáñez and García Velasco argued that prohibition and criminalization of abortion failed to prevent about 100,000 abortions a year. Thus, punishment did not save the unborn, but did contribute decisively to the deaths of women who had obtained illegal, unsanitary abortions (200 to 400 women in 1976, according to a Supreme Court document). Moreover, advocates of legal abortion argue, the problem of hiding mainly affects poor women, as those with more resources would have traveled to other countries to get an abortion, a practice known as "abortion tourism".

Opponents of abortion, including the Catholic Church, counter that it is the taking of innocent human life, an inherently evil and murderous practice which degrades respect for all life and leads society toward a culture of death. The conservative People's Party in June 2010 filed an action against several provisions of law to the Constitutional Court. In the electoral program for the general election held on 20 November 2011, the People's Party included modifying the law on abortion.

Still, both supporters and opponents of legalization put the bulk of their argument in defense of life, either of the mother or of the unborn child. Virtually all Spanish people interviewed have favored more social awareness of abortion and the need for the government to regulate it.

On 25 December 1936, in Catalonia, elective abortion was legalized during the first 12 weeks of pregnancy, with a decree signed by Josep Tarradellas on 9 January 1937 (Diari Oficial de la Generalitat de Catalunya, núm.9).

In 1937, over the area loyal to the Republic during the Spanish Civil War under the socialist Spanish Socialist Workers' Party (PSOE) government of Francisco Largo Caballero, the Catalan Minister of Health, Federica Montseny (anarchist CNT), also legalized abortion. The law was repealed by the victorious Francisco Franco.

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