Change in the Constitution: Sánchez makes a move to "protect" abortion

MadridIn October last year, the Spanish president, Pedro Sánchez, The person in charge of explaining it has been the Minister of Equality, Ana Redondo, who considers that currently the "effective" exercise of the right to abortion is "at risk" in the State. She said this with data in hand: she assured that only 20% of abortions in Spain are performed in public healthcare, while the right is also not guaranteed in the same way throughout the territory. For example, she said that more than 50% of cases in Galicia, Cantabria, or Catalonia are performed in public healthcare, but only 1% of cases in the Community of Madrid and Andalusia are performed in this area. That is, the majority of abortions are performed by private healthcare, and this is what the Spanish government wants to avoid.

"It is an important and fundamental debate and we will fight the battle," Redondo concluded, "currently this right is not guaranteed in public healthcare." Sources from the Spanish government reaffirm: "The exercise of this right cannot depend on the autonomous community of residence nor be left in the hands of private healthcare."

the registry of doctors who object to performing abortions

. "Go to have an abortion somewhere else," she said.

The moment of the reform

The Spanish government has approved this reform project after several clashes with the PP of Madrid and, in particular, with the Madrid president, Isabel Díaz Ayuso, who has been ordered by the courts to comply with the law and create the register of doctors who object to performing abortions. "Go abort somewhere else," she said recently in a debate,, considering that the register is "pointing out" professionals. There was also controversy in the Madrid city council: an initiative by Vox was approved to oblige women to be informed about a false "post-abortion trauma".

"There is an ultra-conservative wave that has put women's rights in its sights," interpreted Redondo, who considered it the ideal time to promote constitutional change. "In France, even Marine Le Pen's far-right voted in favor of a similar constitutional reform," defended the minister, regarding the legal change that occurred in 2024, according to reports from Moncloa.

The fine print

The Council of Ministers approved an agreement on October 14 to promote this constitutional reform and sent the text to the Council of State, which has issued an opinion in which the proposal has been refined. Specifically, it is proposed to add a section to Article 43 of the Constitution with the following wording: "Public authorities shall guarantee the exercise of women's right to voluntary termination of pregnancy under conditions of real and effective equality with the benefits and services necessary for this exercise".

This article, as explained by the Spanish government, would be interpreted in accordance with the woman's freedom of decision, is protected by Article 10.1 —which guarantees human dignity— and by Article 15 of the Constitution on the right to life and physical integrity, in accordance with the jurisprudence of the Constitutional Court.

However, there is legal debate as to whether this reform truly safeguards the Constitution. For what reason? Some jurists point out that now, with the TC's interpretation, abortion is considered a fundamental right (which are articles 15 to 29), while what the Spanish government is doing is introducing abortion into another section with less legal protection —doing so in the chapter on fundamental rights would require an aggravated constitutional reform procedure with two-thirds majorities in both chambers, dissolution of the Cortes, and a referendum. When asked about this issue, Minister Redondo has assured that with the change they propose, the right to abortion is more secured, as they interpret that protection is added from a benefits perspective to the current interpretation made by the TC.