Spanish PM proposes enshrining abortion rights in Constitution

The Spanish prime minister, Pedro Sánchez, has proposed introducing the right to abortion into the Constitution.

Abortion rights are in the spotlight in Spain after the conservative People's Party (PP) backed a proposal at Madrid City Council from far-right Vox regarding so-called "post-abortion syndrome."

"The PP has decided to merge with the far right. That's their choice. They can do so, but not at the expense of women's freedoms and rights," Sánchez wrote on X on Friday. 

The Spanish government plans a constitutional reform that would require a qualified majority to pass.

Second country

"In a global context of pushback on sexual and reproductive rights, Spain is taking a step forward to enshrine women's freedom and autonomy," a government source said, adding that the Constitutional Court already recognized voluntary termination of pregnancy as an "essential right for women" in a ruling in May 2023.

By embedding the right in the Constitution, Spain would become the second country in the world to do so, following France in 2024, the government noted.

"This measure would block any future rollback that threatens women's rights," the source said.

They also highlight that this year marks forty years since abortion was decriminalized in Spain, during Felipe González's Socialist government.

In 2010, during José Luis Rodríguez Zapatero’s second term, the Socialists reformed abortion law to allow voluntary termination up to 22 weeks under certain conditions.

Under the current PM, several developments in abortion policy have already been enacted. In 2023, a law was approved to "guarantee access" to abortion, eliminating parental consent for minors. More recently, legislative changes were made to target "harassment and intimidation of women" seeking abortions.

Combating misinformation

Alongside the constitutional proposal, the government announced new measures aimed at preventing the spread of "false or misleading information" that could coerce women deciding to terminate pregnancies. 

"Theories with no scientific basis, such as so-called "post‑abortion syndrome," would have no place," government officials stress.

PP: Abortion "not a right"

The PP poured cold water on Sánchez’s proposal on Friday.

"“Whenever he needs to cover up his corruption problems … he uses sensitive issues to try to create a smokescreen," said PP Deputy Secretary Juan Bravo in an interview with Spanish public broadcaster RNE.

The PP made it clear some time ago that abortion "is not a right," Bravo said, but rather a regulated medical procedure. 

Throughout the morning, several other PP leaders expressed similar views, firmly any corejecting nstitutional reform.

Amending the constitution

The Spanish government's proposal would require a constitutional amendment, which under Spain's Constitution must be approved by a three-fifths majority in both chambers of parliament.

If the Congress and the Senate cannot agree, a joint committee may attempt to reach a compromise.

Failing that, the amendment can pass with a two-thirds majority in the Congress, provided it previously obtained a simple majority in the Senate.

In short, the government would need the support of the PP, a highly unlikely prospect.

"If you don't have the votes to pass a simple decree in Congress, how can you propose constitutional reform?" said PP Secretary-General Miguel Tellado on Friday.

'Perfect'

The Catalan health minister, Olga Pané, favors the idea as for her, it will be "perfect" as it necessary to protect women's reproductive system "at all levels."

She continued by adding that "everything thought to protect rights, at the highest level possible, is something very positive."