Spain's government is finalizing a constitutional reform to safeguard abortion rights by amending article 43 on health protection. This ordinary procedure avoids dissolving parliament and holding a referendum, but needs PP support to secure required majorities. The move counters pressures from the right, particularly in Madrid, where compliance with abortion laws is resisted.
Spain's government under Pedro Sánchez is advancing a reform to article 43 of the Spanish Constitution, which covers health protection, to explicitly include the right to voluntary pregnancy interruption. Sources from the Ministry of Justice state that this amendment will proceed via ordinary procedure, requiring a three-fifths majority in Congress and Senate, or two-thirds in Congress and absolute majority in Senate if no agreement is reached. Unlike reforms to fundamental rights, it will not necessitate dissolving parliament or a referendum, unless demanded by 10% of deputies.
The proposal responds to recent right-wing attacks. In Madrid, Mayor José Luis Martínez-Almeida initially backed a Vox initiative to inform women about 'post-abortion syndrome,' a condition without scientific basis, though he later backtracked. President Isabel Díaz Ayuso refuses to establish the registry of conscientious objectors, mandatory since the 2023 reform, despite voting in favor in December 2023 at the Interterritorial Health Council. Ayuso stated: “I won't make a list of doctors. Never, never,” and accused the government of promoting abortion. She also exclaimed: “Go abort somewhere else.”
PP leader Alberto Núñez Feijóo has opposed the constitutional entrenchment, describing abortion as “a system service” but “not a fundamental right.” Nationally, only 21.26% of abortions occur in the public system, with figures below 1% in regions like Madrid or Andalusia. The government warns it will use “all legal instruments” to enforce the law, potentially appealing to the Constitutional Court if needed.
This initiative is not new: Sumar proposed in March 2024 adding a clause to article 43, inspired by France, but the PSOE rejected it at the time due to unsuitable conditions. The Constitutional Court upheld the 2010 law two years ago, dismissing the PP's challenge. The reform aims to prevent political fluctuations and ensure universal access to abortion, decriminalized in 1985 and expanded in 2010.