Spain Approves Constitutional Reform to Protect Abortion Rights
Spain’s socialist government has approved a constitutional reform bill aimed at reinforcing abortion rights by defining it as a protected “right” in the nation’s constitution.
The Council of Ministers, after several months of deliberation since the initial proposal was made, has sent the draft constitutional amendment to Parliament.
This proposal seeks to add a fourth clause to Article 43, which aims to “recognize and protect the sexual and reproductive rights of women.”
The proposed wording states:
“Public authorities shall guarantee the right of women to voluntarily obtain an abortion under conditions of substantial and de facto equality and shall provide all benefits and services necessary for the exercise of that right.”
Currently, Article 43 of the Spanish Constitution includes provisions regarding the right to health protection and social care, holding public authorities accountable for public health services. It also emphasizes the promotion of health education and encourages the appropriate use of leisure time.
The bill has received backing from Spain’s Equality Ministry, which took to social media to celebrate the move as a step toward the acknowledgment of women’s self-determination and protection against regressive trends.
Equality Minister Ana Redondo stated the new proposed section 4 is “fully constitutional” and contains some amendments from the original draft submitted in October.
Redondo outlined three reasons for this constitutional change. The first is a response to “ultra-reactionary movements attacking women’s reproductive rights, both globally and nationally.” The second aims to bolster the Constitutional Court’s legal framework and the third pertains to the importance of “consistency” in upholding democracy, women’s rights, and equality.
Redondo emphasized that these values must be enshrined in the constitution.
Given that Article 43 belongs to the section of the Constitution addressing social and economic policy guidelines, changing it necessitates standard amendment procedures. Redondo noted the importance of achieving a qualified majority through broad consensus and dialogue.
For approval, the bill will need support from at least three-fifths of both legislative houses. If that majority can’t be reached, a joint parliamentary committee may suggest redrafting the bill for a subsequent vote.
Should that also fall short, the reform could pass with a two-thirds majority in the House of Representatives and an absolute majority in the Senate. Additionally, a tenth of the members of either house could call for a referendum to approve the proposal.
