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Jul 5, 2010 (AP)
MADRID — A new Spanish law allowing abortion
without restrictions in the first 14 weeks of pregnancy
went into effect Monday but the Constitutional Court
could yet intervene to suspend or change it.
The law, approved by Parliament in February, was the
latest item on a liberal agenda undertaken by the
Socialist government, which took power in 2004. The
measure is seen as bringing this traditionally Roman
C atholic country more in line with its secular neighbors
in northern Europe.
Equality Minister Bibiana Aido told Cadena SER radio the
government was unworried by an appeal by the
conservative Popular Party to the Constitutional Court
challenging the 14-week clause as unconstitutional.
"The government is fully convinced of the
constitutionality of the law," she said.
The Popular Party cited a 1985 ruling from the court
that said a woman's rights could not automatically take
precedence over those of an unborn child, and could do
so only in cases of rape, fetal malformation or when the
mother's health is in jeopardy.
The Constitutional Court must also decide whether to
suspend the law while it studies the appeal. The court
said there was no timetable for either decision.
The law allows 16- and 17-year-olds to have abortions
without their parents' permission, although the parents
have to be informed. It also wipes away the threat of
imprisonment for having an abortion and declares it a
woman's right.
"Above all it is a more secure law, providing legal
protection for both women and health professionals,"
said Aido. She said it reflected the needs of Spanish
society better than the previous law.
Under the previous law, which dated to 1985, women could
in theory go to jail for getting an abortion outside
certain strict limits — up to week 12 in case of rape
and week 22 if the fetus was malformed.
But in effect abortion has been widely available because
women can assert mental distress as sole grounds for
having an abortion. Most of the more than 100,000
abortions carried out each year in Spain were early-term
ones that fell under this category.
Fewer than 1,000 people gathered in Madrid on Saturday
to protest the new law, down from the hundreds of
thousands of people that have attended protests in
recent years.
"The drama of abortion has been in Spain for 25 years,
it has caused terrible pain to over a million women,
more than a million children have not been born,"
anti-abortion campaigner Benigno Blanco told Associated
Press Television.
“With this new law this drama is going to get worse.
What we want to say is 'enough of abortion.'”
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