Sexual and reproductive rights

The Ministry of Health denounces the Ayuso government for ignoring the registry of abortion conscientious objectors.

Madrid is the only region that refuses to compile this confidential list, even though it accepted it.

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BarcelonaThe power struggle that the government of the popular Isabel Díaz Ayuso is maintaining with the Ministry of Health over thenon-compliance with the abortion law The case has a new chapter in the High Court of Justice of Madrid. The department of Minister Mónica García has filed an administrative appeal demanding that the high court compel the Community of Madrid to create a registry of physicians who are conscientious objectors to abortion, a list mandated by the 2023 law and used to help plan gynecological services in healthcare centers. "It is proven that the regional administration has not complied with the obligation imposed on it by law. [...] It is also beyond doubt that it has not responded, nor is there any record of it having taken any action, in relation to the request made by the Minister of Health to the Regional Minister of Health," argues the document, to which this publication has had access.

In September, Madrid, Aragon, the Balearic Islands, and Asturias were the only four communities that had not opened the registryBut Ayuso's government is the only one that has not responded to the request made by the Spanish executive, and the Madrid president has even repeatedly insisted on her refusal to provide the lists of professionals. At that time, Minister Mónica García announced that she would go all the way and I would use all means for compliance with the registries.

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Faced with Madrid's defiance, the Ministry of Health has formalized the appeal in which it requests the contentious-administrative chamber of the High Court to order, as a precautionary measure, the Community of Madrid to create this registry, not only because the abortion law requires it, but also for this community, along with the rest.2 The registry is a confidential list that cannot be consulted by the public. It is created to fulfill a dual function: on the one hand, to guarantee that all hospitals have professionals who agree to perform abortions so that women can exercise their right at all times, and on the other hand, to prevent pressure on these doctors from their superiors. In fact, the philosophy and operation of this tool are similar to those that include healthcare professionals who object to performing euthanasia, a registry that, unlike the abortion registry, has not generated any rejection among professionals or in politics.

Women's groups and professionals have denounced that in many public centers, doctors' refusal to perform abortions makes it impossible for women to access them. a benefit that has been universal and free since 2010This situation forces women to postpone the procedure or to look for alternatives, which increases anxiety and distress.

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"Dictator"

Two months ago, when Pedro Sánchez announced that the Spanish government would take this step, Isabel Díaz Ayuso lashed out at him: "Only a dictator can force them [doctors] to do what they don't want to do," she proclaimed. The conflict over the list of conscientious objectors to abortion is not the only healthcare clash between the central government and the PP-governed regions. The back-and-forth was also evident in the fall, when the Council of Ministers approved a formal request to force regional governments to send data on cancer screenings. Ten days later, the regions and the Ministry agreed to share the basic data. However, the Madrid government has been the one that has most fueled the legal battle, going to court more than once—as have many PP-governed regions—to try to obstruct agreements that the central government signed with the Catalan independence movement. Recently, they announced a new offensive against the financing reform—should it be approved. Previously, Ayuso brought the amnesty and child custody issues before the Constitutional Court and the debt forgiveness issue before the National Court.