Today, the media have echoed the minister's project to amend Aído the controversial regulation, by its ethical implications, appears on abortion Spain, so I think appropriate to explain, in general, the current regulation that is current and upcoming changes.
Currently, abortion in Spain, as such, it is prohibited to the extent that sections 144 to 146 of the Penal Code, down sentences of freedom for the mother and the medical termination of pregnancy, except "where permitted by law." These cases are established in the Organic Law 9 / 1985 of 5 July, the decriminalization of abortion "in the following situations:
1: It is necessary to avoid serious danger to life or physical health or pregnant with their mental and so recorded in an opinion issued prior to the intervention by a physician of the specialty, other than the one for whom or under whose direction the abortion. In an emergency or life-threatening for pregnant women, may be dispensed of opinion and consent.
This is the channel or escape that usually benefit the pregnant woman when she gets pregnant and for the reasons she believes, want to abort.
2: That the pregnancy is the result of an illegal act of rape , if the abortion is performed within the first twelve weeks of gestation and that the said fact had been reported.
This type of abortions, fortunately, there are almost in practice because the number of rapes in Spain is low, unless of course the premise that a single violation and excessive.
Currently, abortion in Spain, as such, it is prohibited to the extent that sections 144 to 146 of the Penal Code, down sentences of freedom for the mother and the medical termination of pregnancy, except "where permitted by law." These cases are established in the Organic Law 9 / 1985 of 5 July, the decriminalization of abortion "in the following situations:
1: It is necessary to avoid serious danger to life or physical health or pregnant with their mental and so recorded in an opinion issued prior to the intervention by a physician of the specialty, other than the one for whom or under whose direction the abortion. In an emergency or life-threatening for pregnant women, may be dispensed of opinion and consent.
This is the channel or escape that usually benefit the pregnant woman when she gets pregnant and for the reasons she believes, want to abort.
2: That the pregnancy is the result of an illegal act of rape , if the abortion is performed within the first twelve weeks of gestation and that the said fact had been reported.
This type of abortions, fortunately, there are almost in practice because the number of rapes in Spain is low, unless of course the premise that a single violation and excessive.
3: be presumed that the fetus will be born with serious physical or mental defects , provided that the abortion is performed within the first twenty weeks of gestation and that the opinion expressed prior to the practice of abortion, is issued by two specialists of the center or health facility, public or private, accredited to this effect, other than the one for whom or under whose direction the abortion.
This course is more complex because the law never established why or what the serious defects, or left open the door to abortion after the tare detected after twenty weeks.
Well, as published, with the new regulation would disappear the causes of non-criminalization of abortion and its deregulation of the Criminal Code sets out three "deadlines"
1 The woman may abort freely during the first 14 weeks of gestation ( 3 ½ months of gestation).
2 In the case of serious physical abnormalities or mental in the fetus or serious risk to health or life of the mother, the delay is set at 22 weeks (5 ½ months of gestation)
3 º No limit of gestation when the fetus has malformations incompatible with life. BRIEF
CONCRETION FROM THE LAW OF DEBATE
The prism of abortion has infinite vertices which can take certain positions in favor, against or opting for intermediate stages in the circumstances, but legal experts to discuss highly controversial issue, to circumscribe determine whether
1 .- The right to life recognized by our Constitution in Article 15, when he speaks of "all" refers also to the unborn conceived.
This thesis, to include the fetus in this "All" is based on the recognition of the fetus by other rules of civil nature. The best example is the inheritance rights of the unborn ("unborn child") of their ancestors if they die before birth. The Civil Code provides an abundant heritage protection to the unborn child at birth can access it without any limitation or reduction. On a scale of values \u200b\u200bwill always go first right to live and, recognizing the right of inheritance would not make sense not to allow birth. Therefore, the protector of this position focus is expressed in the fetus to be born right in front of the right of women to decide whether the fetus lights.
2 .- The right of women to decide their own body and motherhood. In this case, the legally protected position would be the woman before the fetus itself, which in their freedom as a person decides not to give birth without giving further explanation to herself and her conscience. Motherhood is an intimate fact that no one but the woman should make the decisions it deems appropriate
Italian politician recently said he felt deep admiration for those who in matters of this kind, referring to euthanasia, were the very ideas clear right or wrong. I sincerely think like him.
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