Spain’s abortion laws safe after Constitutional Court rejects legal challenge

A challenge lodged more than a decade ago by Spain’s conservative Popular Party against a law allowing abortions in the first 14 weeks of pregnancy has finally been thrown out by the constitutional court.

The legal challenge had “not obtained the support” of the court, the verdict said.

The main opposition PP’s legal argument had centred on the constitutionality of the right to life of the foetus.

“The Abortion Law is constitutional,” tweeted Spain’s Equality Minister Irene Montero, who represents the far-left United We Can party within the coalition government.

“Never again should 13 years go by questioning a single right” for women.

La Ley del Aborto es constitucional. Que nunca más pasen 13 años poniendo en duda un solo derecho de las mujeres. Y la semana que viene ampliamos derechos sexuales y reproductivos con la nueva Ley del Aborto.

Que viva la lucha feminista pic.twitter.com/f4Z88IktjX

— Irene Montero (@IreneMontero) February 9, 2023

Such lengthy delays are not uncommon in Spanish courts.

The 2010 abortion law had been a major shift for a traditionally Catholic country under the leadership of former Socialist Prime Minister Jose Luis Rodriguez Zapatero.

The law allowed for on-demand abortion at up to 14 weeks, and at up to 22 weeks if there was a serious threat to the health of the mother, or fetal malformation.

The Popular Party has long sided with the Roman Catholic Church on moral and social issues.

However, following the court’s decision, the PP’s current leader Alberto Núñez Feijóo said the existing window for abortion access in Spain was “correct” and that he would respect the court’s decision.

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