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www.sexogsamfund.dk » Abortnet.dk » Statistik, lovgivning og artikler » Lovgivning Europa » Spanien

Spanien

 

Member Association: Federación de Planificación Familiar de España (FPFE) Tel. +34 (91) 5913449 / info@fpfe.org Website: http://www.fpfe.org

 

LEGISLATION

Organic Law 9/1985, 5 June, decriminalizes abortion on 3 grounds. Outside of these grounds the Penal Code still criminalizes women.

 

GROUNDS/GESTATIONAL LIMITS

Up to 12 weeks

  • Rape

 

Up to 22 weeks

  • Risk of fetal malformation

 

No limit

  • Serious risk to physical or mental health of the woman

 

REGULATIONS/CONDITIONS

  • If the pregnancy is a result of rape, the rape must first be reported to the police.
  • In case of fetal malformation 2 doctors other than the one following the case must certify that the foetus, if carried to term, would suffer from severe physical or mental defects
  • In case of serious risk to the physical or mental health of the woman, a previous medical report from a doctor specialized in the subject and different from the one following the case is required
  • An abortion must be performed by or under the supervision of a physician in an approved public or private health centre or establishment, provided the pregnant woman gives her express consent and one of the legal indications for abortion is met.
  • A pregnant woman is penalized if the abortion is not performed in an approved public or private health centre or establishment, or if the prescribed medical opinions have not been expressed.

 

COST

  • Public health service: free of charge
  • Private hospitals: average cost before the 12th week: EURO 360 (US$ 440), approximately the same price as vasectomies in private hospitals. After the 12th week the price is highly variable depending on gestational period, anaesthetic, etc…

 

DISPARITY IN THE APPLICATION OF THE LAW

  • The lack of the conscientious objection regulation and its generalisation in public health means that in general women have to refer themselves to private structures and that there are important differences between regions in terms of availability of service, especially in public structures

 

COMMENTS

There is no policy on conscientious objection, therefore abortions are carried out in very few public hospitals, resulting in 3% of abortions performed there, and 97% in private ones. Approximately 85 per cent of the abortions performed in private clinics are performed on the grounds of averting severe danger to the woman's physical or mental health (especially mental health), which may conceal reasons prohibited by law. February 2004 42. Legal practice leaves the door open to individual accusations against women and doctors from exboyfriends, ex-husbands, anti-choice groups, etc…Since the decriminalisation of abortion, at least 1,000 proceedings have been opened, and several have resulted in condemnation of doctors performing abortions in private hospitals.

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