Guatemalan Scholar Sues Spain’s Ministry Over Abortion Law Reform
A legal scholar from Guatemala has initiated legal proceedings against Spain’s Ministry of Equality, seeking over 375,000 euros in damages. She accuses the ministry of wrongfully appropriating her work related to abortion law reform, as reported by El Pais.
According to the report, in 2021, the Ministry of Equality reached out to Adilia de las Mercedes for her expertise in drafting a “blueprint” for abortion law reform that was ultimately enacted by the Socialist Party in 2023. De las Mercedes has a specialization in human rights, sexual and reproductive health, and international law, with experience working for entities like the United Nations and various governments across different continents.
In a detailed 162-page complaint reviewed by the newspaper, de las Mercedes claims that she was contacted on short notice to assist with the project and was offered a fee of 5,000 euros. She agreed to join the committee but soon after realized that the ministry was seeking a complete draft of regulations rather than just an outline. De las Mercedes stated that she requested a higher and fairer compensation but ultimately was never paid. She also asserts she was discouraged from claiming authorship due to concerns that her foreign background would provoke backlash from right-wing opponents.
De las Mercedes is asking the court to nullify her contract with the committee, arguing that the Ministry of Equality has unlawfully misappropriated her work. She further alleges that the ministry rendered her contributions “invisible” and subjected her to what she describes as “systematic violence.”
She points out that due to her dual Guatemalan-Spanish citizenship, the experiences she faced should be viewed as discrimination based on nationality, as she contends these acts reflect an unjust treatment by the government.
Her lawsuit requests a total of 376,544.59 euros in damages—of which 97,860 euros is intended for fair compensation for the work performed, while the remaining 278,684.59 euros addresses alleged mental, psychological, and physical harm due to what she describes as discriminatory treatment that occurred by 2023.
The complaint identifies five senior officials within the Department of Equality, all of whom have denied the allegations. Among them is Irene Montero, who was the Minister for Equality during the abortion law reform process. While Montero has been named in the lawsuit, the documentation clarifies that there was no direct interaction regarding de las Mercedes’ concerns. The suit suggests that if Montero was unaware of the alleged discrimination, it constitutes negligence, but if she was aware and did nothing, her responsibility increases.
Officials associated with Montero have not provided any comments. Regarding her knowledge of de las Mercedes’ situation, Montero has reportedly maintained that she had always trusted her team completely.
