Spain’s socialist government on Tuesday greenlit a constitutional reform bill seeking to “safeguard” abortion by enshrining it as a “right” in the nation’s core legal text.
The La Moncloa presidential palace detailed the constitutional amendment draft was approved by the Spanish Council of Ministers following a months-long process after the proposal was first brought forth in October.
The proposal, which will now be sent to the Spanish Parliament, calls for the inclusion of a fourth paragraph to Article 43, to “recognize and protect women’s sexual and reproductive rights.”
The proposed paragraph read:
“Public authorities shall guarantee women’s right to voluntary termination of pregnancy under conditions of real and effective equality, providing all the benefits and services necessary for the exercise of that right.”
Presently, Article 43 of the Spanish constitution contains three paragraphs recognizing the right to health protection and social care, and holding public authorities as responsible to organize public health services. The text also calls for public authorities to promote health education, physical education, and sports, as well as facilitate the proper use of leisure time.
The Spanish Equality Ministry celebrated the bill through a series of social media posts proclaiming that Spain “is making progress toward the social and legal recognition of women’s right to self-determination and the necessary protection against regressive trends.”
Equality Minister Ana Redondo noted on Tuesday that the new proposed fourth paragraph, now validated by the Council of Ministers, is “completely constitutional,” with some modifications from its original October draft.
Redondo justified the need to include abortion rights in the Spanish constitution on three grounds.
The first, she said, is the need to respond to “an ultra-reactionary movement that has targeted women’s sexual and reproductive rights both globally and here in our country.”
The second is to strengthen the Constitutional Court’s case law and “expand the legal grounds for upholding women’s right to voluntarily terminate their pregnancies.” The third, she said, it’s a matter of “coherence.”
“We are a people who embrace democracy, women’s rights, and equality, and we must enshrine these values in the Constitution as well.”
The Spanish government pointed out that since Article 43 is part of the Spanish constitution’s chapter on the guiding principles of social and economic policy, any amendment to it must follow the standard amendment procedure. As such, Redondo acknowledged, it “requires qualified majorities, broad consensus, and extensive dialogue.”
To be approved, the bill requires the support of at least three-fifths of both chambers of the Spanish parliament. La Moncloa further explained that if such a broad majority is not achieved, a joint parliamentary committee will redraft and propose a text to be voted on again.
If it does not pass in this manner either, the reform may be approved with the favorable vote of two-thirds of the Lower House and an absolute majority at the Senate. In addition, one-tenth of the deputies or senators may request a referendum to ratify the proposal.
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