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スペイン与党の保守党の国民党は、現在の無条件での22週間までの無料の健康保険による中絶を、医師の診療判断による中絶に制限したいよう?
El aborto como derecho o bajo tutela médica
La reforma que sugiere el Gobierno puede implicar un cambio de modelo
La ley de plazos domina en Europa pero disgusta a los conservadores
Los expertos dudan de cómo abordará el PP una modificación con un gran tinte ideológico
Abortion as a right or medical ward
The reform that suggests the government may involve a paradigm shift
The law limits dominates in Europe but not like the Conservatives
Experts doubt how to deal with the PP modification with a great ideological tint
The Government suggests a return to the 1985 model
The new law does not trigger the abortions
Mary R. Sahuquillo / Charo Nogueira 27 ENE 2012 - 00:28 CET
The reform that suggests the government may involve a paradigm shift
The law limits dominates in Europe but not like the Conservatives
Experts doubt how to deal with the PP modification with a great ideological tint
The Government suggests a return to the 1985 model
The new law does not trigger the abortions
Mary R. Sahuquillo / Charo Nogueira 27 ENE 2012 - 00:28 CET
Thirty years ago were the trips to London, or the risky clandestine practices without going abroad. Abortion was prohibited by a verb rather than women's organizations in the lee of a democracy release, in showy campaigns were used to ask to be "free and open." Now is an automatic right-claim is not accurate reasons or obtain medical clearance in the first 14 weeks, and in principle no financial cost to women, but threatened to change. A long road of abortion and whose end is not yet visible.
Now more than ever following the announcement by Justice Minister, Alberto Ruiz-Gallardón, that amended the law to conform to the "defense of the right to life, according to the doctrine already defined by the Constitutional Court." An allegation that suggests a return to the normative model that prevailed in Spain until July 2010, in which women needed the protection of the doctor to end her pregnancy, saying in most cases this could cause psychological damage. The change would return back to a country that has accepted and adapted to the system of terms, the majority also throughout Europe. Also mean a loss of rights, such as "motherhood freely decided", which includes the standard 2010.
Gallardón only clarified that the minor must have parental consent for abortion
The Government has outlined its intentions only. Has not clarified what he wants to do or how. Alone has shed some light to announce, and it was not the first time you modify one of the most controversial topics of current law: the fact that children can have an abortion without parental consent and that to do so, requiring only report at home-something that can be avoided if you tell them allege a conflict may result. This imprecision suggests to some experts that reform ultimately will not be structural but cosmetics. As Maria Luisa Balaguer, Professor of Constitutional Law at the University of Malaga, which is unlikely a return to the system of assumptions and believe the government is limited to changing the law so that minors require parental consent for abortions. The Popular Party spokesman on the Justice Committee of Congress, Beatriz Escudero, has said, however, that the reform will be "partial" but "important."
The People's Party struggle against abortion has been long and intense. I never liked the term law, which enshrines abortion as a right in the first 14 weeks of gestation, and therefore appealed to the Constitutional Court, which sought, unsuccessfully, to his interim suspension, which has yet to rule. Nor were they satisfied the previous regulations of 1985, which decriminalized this intervention in three cases: rape, through week 12 of gestation fetal malformations, to 22, and risk for physical or psychological health of the mother. A course, the latter, without any time limit, argued that most women and allowed in some cases very late abortions. But despite its bad press and harsh criticism, the PP not changed at all when he was in government from 1996 to 2004 (with José María Aznar) a period during which there were over 500,000 abortions.
"What he's doing now is to give the PP a nod to the hard wing of the party" believes Salmeán Javier Martinez, Chief of Gynecology Hospital Severo Ochoa Leganes (Madrid) and one of the few experts who participated in the development of the two regulations, decriminalization and deadlines, which has been Spain. But the most conservative, however, not only demands the modification of the present standard, but directly the prohibition of abortion-a practice, remember, you have the absolute rejection, under penalty of excommunication from the Catholic Church, something that , however, it would have a fit and not only difficult but impossible.
Salmeán Martinez recalls that a return to the path of the cases does not fit the European market, where most of the regulations, except that of Poland, Malta and Ireland, set a deadline by which women can make the decision freely . Regulations in some countries, like Sweden and France, have spent decades in force and have not changed with the changes of government, although they have turned right. "Even Berlusconi in Italy changed the law on abortion, there is no fixed arguments through week 12," says Martinez Salmeán. The system is effective in 32 of the 47 countries of the Council of Europe, an institution that in 2008 recommended that its members, among which is Spain, decriminalize abortion and make it a practice "legal and safe."
This type of policy changes, experts also warn not end with the reality of abortion. "Not with your figures," says Isabel Serrano, president of the Federation of Family Planning, which explains that the law of time has not boosted the number of abortions. Something that confirm to the Ministry of Health, showing that in 2010 113,031 were made and that the downward trend registered in 2009, is maintained with the new regulation. "The number of abortions will not change unless it means investing in contraception. That itself would be a real change, "Martinez Salmeán claims that emphasizes the major unresolved, in which none of the governments-regardless of color, it has been thoroughly immersed.
"The PP gives a nod to the hard wing of the party," says a gynecologist
The turning back and that Spain again embrace a system of assumptions imply, as many believe, the PSOE, women's associations, clinics or advocacy organizations, public health, lack of protection professionals and women. "The law is the result of a broad consensus and responds to a social reality," says Soledad Cabezon, secretary of the Socialist Equality.
Luisa Torres, a social worker of the historic Madrid Dator Clinic, explains that the system of assumptions caused some dramatic situations. Like that of women receiving a diagnosis of severe fetal malformations after 22 weeks, time that the law authorizing abortion under that assumption. Now, after 14 weeks of abortion on the option to do so with arguments: through week 22 for risk to mother or birth, and without time limit if a medical committee believes that the fetus is "serious or incurable defects."
The law maintains the PSOEThe downwardinterventions
"Before it was awful, some women had to travel outside Spain, France or other places where it is allowed to interrupt a pregnancy already knew it was not feasible or in finding that the child suffered extensive damage," says Torres argued that the change to the previous model can be harmful. "You can not forget that abortion was in the Criminal Code and that making assumptions allowed outside the women and doctors could go to prison," he says.
"The law of time, made progress in the empowerment of women, through week 14 of gestation can choose freely whether to continue the pregnancy without having to prove, as before, doing so would cause psychological harm, the regulation assumptions assumed a guardianship for an intimate act, "Torres continues. A view shared by the gynecologist Salmean Martinez. "The law of 2010 allows first established the right of women to their own bodies, and that is something that men can not bear the CP," says Victoria Virtues, pro-abortion activist history. He says that during the term of the previous standard, some 2,000 women were reported, usually by their former partners, for interrupting pregnancy, though none were convicted.
The change would endthe "motherhoodfreely decided "
With all those twigs, is Spain prepared to return to a model similar to the above? The professor Balaguer not imagine returning to the assumptions. "There would be a strong pressure against it," he says. But the mention of the judgment of the Constitutional of 1985 that toppled the initial drafting of the abortion law of 1983, seems to leave little doubt, at least in intention. It was this court who suggested the need for the signature of a physician to access the intervention. Who also opened the door to abortion could be risk to the mental health of the mother (the first draft only referred to "health" without being specific). In general, the decision of the Constitutional noted that the right to life "is a fundamental right essential and core (...) without which the other rights would not be there." Next to him, is "fundamental legal value of human dignity." The State should be utilized.
When there is collision between the life of the fetus (the unborn) and rights "as the life and dignity of women" can not prevail neither unconditionally, added the Constitution. To the minister Gallardón, approving the Constitutional doctrine-in fact the PP mentioned along with the "rights of the unborn" in his use of time-law, by contrast, current law "eliminate the rights of the unborn to it reaches 14 weeks from gestation. " This was explained in an interview with this newspaper before taking office.
An opinion not shared by lawyer Maria Duran, who was part of the expert commission that cooked the standard terms. "The Law of Sexual and Reproductive Health is not contradictory with the ruling of the Constitutional of 1985. It
"This law has made progress in empowering women," says an expert
guarantor twice, with those involved in abortions and women, which provides all the information to decide whether to continue the pregnancy, "he says flatly. In fact, the current rule set that women must wait a period of reflection of three days, after receiving the information about alternatives. A period indicates Salmeán, who won just for women to have that constitutional guarantee.
Gerardo Ruiz, Professor of Constitutional Law at the University of Jaén, says it makes no sense to hold a possible repeal of the law in terms of constitutional doctrine on the right to life.
"The case law that has allowed the legalization of abortion in certain cases did not decide in due course on other issues or situations. Therefore, the problem still unresolved is what must prevail, if the legally protected freedom of the unborn child or the mother to decide on their own motherhood, "she says. "The Constitutional Court has not yet given an answer to this conflict of rights, but his doctrine does not necessarily follow that a system is unconstitutional termination of pregnancy within a reasonable time terms, as is now regulated Spain. I think also it would be the correct interpretation depending on the system of values and rights enshrined in the Constitution, "concludes Ruiz-Rico.
As a constitutionalist, there will be no retreat by social pressure
Thus, scientists are uncertain how to address the PP suggested change. Martinez Salmeán adventure that the model change, moreover, is complicated. "You could make a law combining the time-limits indications. That is, set a time to argue moral or psychological risk pregnancy and is verified by a physician, but return to that way of mentoring is tremendous, both for professionals and for women, "he says.
With his speech and the lack of detail sought, the government leaves the door open to make a total reform extremely restrictive or stay with the letter clearly shows: the intention to regain parental consent for girls of 16 or 17. An amendment would also have to support outside his party, as the autonomy of the girls was one of the thorniest issues in the law of sexual and reproductive health.
Something that, in practice, affects a small percentage of the minors. A recent study by the Association of Accredited Clinics for Interruption of Pregnancy (Acai), which brings together thirty of the more than 80 clinics, says the vast majority of young people between 16 and 17 (87%) informed their parents and even going with them to the center. To do so, the less claims from abuse until pressure from their parents. There are also situations of helplessness or girls who are emancipated.
"The law responds to very specific and complicated. If that limit is a reverse and force women to resort to terminate her pregnancy by other means insecure and where you can put your health at risk, "warns Francisca Garcia, vice president of Acai. The association warns that a change to a more restrictive not only affect the children would come to the underground, but all women. "If a woman is faced with an unwanted pregnancy is to abort, but let the risk," Garcia said.
The Government's intention to reform the law society moves into the past. But now, as almost 30 years ago, right and left are divided to an issue that also divides them internally. The debate is strongly influenced by moral and religious roots.
Past and present the right
1985. Decriminalization
Indications Act. The regulation stated that abortion was a crime decriminalized in three cases: rape (until week 12 of pregnancy), physical or mental defects of the fetus (through week 22), or danger to the mother's life or physical health or psychological (not run).
Punishment. The physician who practiced an abortion beyond the cases permitted by law could go to jail for one to three years and be disqualified six. The woman an abortion except in cases permitted could be punished with imprisonment of six months to a year or a fine.
2010. Act limits
Deadlines. The Law of Sexual and Reproductive Health, 2010 sets a deadline of abortion on demand until week 14 of gestation. From that period until week 22, the woman can abort the fetus if a defect or a risk to the health of the mother. After that time the abortion is only permitted if a medical committee attests that there is a severe malformation or incompatible with life.
Punishment. The law of 2010 only provides for prison sentences for those outside the permitted abortions if the procedure was done after 22 weeks of gestation.
Now more than ever following the announcement by Justice Minister, Alberto Ruiz-Gallardón, that amended the law to conform to the "defense of the right to life, according to the doctrine already defined by the Constitutional Court." An allegation that suggests a return to the normative model that prevailed in Spain until July 2010, in which women needed the protection of the doctor to end her pregnancy, saying in most cases this could cause psychological damage. The change would return back to a country that has accepted and adapted to the system of terms, the majority also throughout Europe. Also mean a loss of rights, such as "motherhood freely decided", which includes the standard 2010.
Gallardón only clarified that the minor must have parental consent for abortion
The Government has outlined its intentions only. Has not clarified what he wants to do or how. Alone has shed some light to announce, and it was not the first time you modify one of the most controversial topics of current law: the fact that children can have an abortion without parental consent and that to do so, requiring only report at home-something that can be avoided if you tell them allege a conflict may result. This imprecision suggests to some experts that reform ultimately will not be structural but cosmetics. As Maria Luisa Balaguer, Professor of Constitutional Law at the University of Malaga, which is unlikely a return to the system of assumptions and believe the government is limited to changing the law so that minors require parental consent for abortions. The Popular Party spokesman on the Justice Committee of Congress, Beatriz Escudero, has said, however, that the reform will be "partial" but "important."
The People's Party struggle against abortion has been long and intense. I never liked the term law, which enshrines abortion as a right in the first 14 weeks of gestation, and therefore appealed to the Constitutional Court, which sought, unsuccessfully, to his interim suspension, which has yet to rule. Nor were they satisfied the previous regulations of 1985, which decriminalized this intervention in three cases: rape, through week 12 of gestation fetal malformations, to 22, and risk for physical or psychological health of the mother. A course, the latter, without any time limit, argued that most women and allowed in some cases very late abortions. But despite its bad press and harsh criticism, the PP not changed at all when he was in government from 1996 to 2004 (with José María Aznar) a period during which there were over 500,000 abortions.
"What he's doing now is to give the PP a nod to the hard wing of the party" believes Salmeán Javier Martinez, Chief of Gynecology Hospital Severo Ochoa Leganes (Madrid) and one of the few experts who participated in the development of the two regulations, decriminalization and deadlines, which has been Spain. But the most conservative, however, not only demands the modification of the present standard, but directly the prohibition of abortion-a practice, remember, you have the absolute rejection, under penalty of excommunication from the Catholic Church, something that , however, it would have a fit and not only difficult but impossible.
Salmeán Martinez recalls that a return to the path of the cases does not fit the European market, where most of the regulations, except that of Poland, Malta and Ireland, set a deadline by which women can make the decision freely . Regulations in some countries, like Sweden and France, have spent decades in force and have not changed with the changes of government, although they have turned right. "Even Berlusconi in Italy changed the law on abortion, there is no fixed arguments through week 12," says Martinez Salmeán. The system is effective in 32 of the 47 countries of the Council of Europe, an institution that in 2008 recommended that its members, among which is Spain, decriminalize abortion and make it a practice "legal and safe."
This type of policy changes, experts also warn not end with the reality of abortion. "Not with your figures," says Isabel Serrano, president of the Federation of Family Planning, which explains that the law of time has not boosted the number of abortions. Something that confirm to the Ministry of Health, showing that in 2010 113,031 were made and that the downward trend registered in 2009, is maintained with the new regulation. "The number of abortions will not change unless it means investing in contraception. That itself would be a real change, "Martinez Salmeán claims that emphasizes the major unresolved, in which none of the governments-regardless of color, it has been thoroughly immersed.
"The PP gives a nod to the hard wing of the party," says a gynecologist
The turning back and that Spain again embrace a system of assumptions imply, as many believe, the PSOE, women's associations, clinics or advocacy organizations, public health, lack of protection professionals and women. "The law is the result of a broad consensus and responds to a social reality," says Soledad Cabezon, secretary of the Socialist Equality.
Luisa Torres, a social worker of the historic Madrid Dator Clinic, explains that the system of assumptions caused some dramatic situations. Like that of women receiving a diagnosis of severe fetal malformations after 22 weeks, time that the law authorizing abortion under that assumption. Now, after 14 weeks of abortion on the option to do so with arguments: through week 22 for risk to mother or birth, and without time limit if a medical committee believes that the fetus is "serious or incurable defects."
The law maintains the PSOEThe downwardinterventions
"Before it was awful, some women had to travel outside Spain, France or other places where it is allowed to interrupt a pregnancy already knew it was not feasible or in finding that the child suffered extensive damage," says Torres argued that the change to the previous model can be harmful. "You can not forget that abortion was in the Criminal Code and that making assumptions allowed outside the women and doctors could go to prison," he says.
"The law of time, made progress in the empowerment of women, through week 14 of gestation can choose freely whether to continue the pregnancy without having to prove, as before, doing so would cause psychological harm, the regulation assumptions assumed a guardianship for an intimate act, "Torres continues. A view shared by the gynecologist Salmean Martinez. "The law of 2010 allows first established the right of women to their own bodies, and that is something that men can not bear the CP," says Victoria Virtues, pro-abortion activist history. He says that during the term of the previous standard, some 2,000 women were reported, usually by their former partners, for interrupting pregnancy, though none were convicted.
The change would endthe "motherhoodfreely decided "
With all those twigs, is Spain prepared to return to a model similar to the above? The professor Balaguer not imagine returning to the assumptions. "There would be a strong pressure against it," he says. But the mention of the judgment of the Constitutional of 1985 that toppled the initial drafting of the abortion law of 1983, seems to leave little doubt, at least in intention. It was this court who suggested the need for the signature of a physician to access the intervention. Who also opened the door to abortion could be risk to the mental health of the mother (the first draft only referred to "health" without being specific). In general, the decision of the Constitutional noted that the right to life "is a fundamental right essential and core (...) without which the other rights would not be there." Next to him, is "fundamental legal value of human dignity." The State should be utilized.
When there is collision between the life of the fetus (the unborn) and rights "as the life and dignity of women" can not prevail neither unconditionally, added the Constitution. To the minister Gallardón, approving the Constitutional doctrine-in fact the PP mentioned along with the "rights of the unborn" in his use of time-law, by contrast, current law "eliminate the rights of the unborn to it reaches 14 weeks from gestation. " This was explained in an interview with this newspaper before taking office.
An opinion not shared by lawyer Maria Duran, who was part of the expert commission that cooked the standard terms. "The Law of Sexual and Reproductive Health is not contradictory with the ruling of the Constitutional of 1985. It
"This law has made progress in empowering women," says an expert
guarantor twice, with those involved in abortions and women, which provides all the information to decide whether to continue the pregnancy, "he says flatly. In fact, the current rule set that women must wait a period of reflection of three days, after receiving the information about alternatives. A period indicates Salmeán, who won just for women to have that constitutional guarantee.
Gerardo Ruiz, Professor of Constitutional Law at the University of Jaén, says it makes no sense to hold a possible repeal of the law in terms of constitutional doctrine on the right to life.
"The case law that has allowed the legalization of abortion in certain cases did not decide in due course on other issues or situations. Therefore, the problem still unresolved is what must prevail, if the legally protected freedom of the unborn child or the mother to decide on their own motherhood, "she says. "The Constitutional Court has not yet given an answer to this conflict of rights, but his doctrine does not necessarily follow that a system is unconstitutional termination of pregnancy within a reasonable time terms, as is now regulated Spain. I think also it would be the correct interpretation depending on the system of values and rights enshrined in the Constitution, "concludes Ruiz-Rico.
As a constitutionalist, there will be no retreat by social pressure
Thus, scientists are uncertain how to address the PP suggested change. Martinez Salmeán adventure that the model change, moreover, is complicated. "You could make a law combining the time-limits indications. That is, set a time to argue moral or psychological risk pregnancy and is verified by a physician, but return to that way of mentoring is tremendous, both for professionals and for women, "he says.
With his speech and the lack of detail sought, the government leaves the door open to make a total reform extremely restrictive or stay with the letter clearly shows: the intention to regain parental consent for girls of 16 or 17. An amendment would also have to support outside his party, as the autonomy of the girls was one of the thorniest issues in the law of sexual and reproductive health.
Something that, in practice, affects a small percentage of the minors. A recent study by the Association of Accredited Clinics for Interruption of Pregnancy (Acai), which brings together thirty of the more than 80 clinics, says the vast majority of young people between 16 and 17 (87%) informed their parents and even going with them to the center. To do so, the less claims from abuse until pressure from their parents. There are also situations of helplessness or girls who are emancipated.
"The law responds to very specific and complicated. If that limit is a reverse and force women to resort to terminate her pregnancy by other means insecure and where you can put your health at risk, "warns Francisca Garcia, vice president of Acai. The association warns that a change to a more restrictive not only affect the children would come to the underground, but all women. "If a woman is faced with an unwanted pregnancy is to abort, but let the risk," Garcia said.
The Government's intention to reform the law society moves into the past. But now, as almost 30 years ago, right and left are divided to an issue that also divides them internally. The debate is strongly influenced by moral and religious roots.
Past and present the right
1985. Decriminalization
Indications Act. The regulation stated that abortion was a crime decriminalized in three cases: rape (until week 12 of pregnancy), physical or mental defects of the fetus (through week 22), or danger to the mother's life or physical health or psychological (not run).
Punishment. The physician who practiced an abortion beyond the cases permitted by law could go to jail for one to three years and be disqualified six. The woman an abortion except in cases permitted could be punished with imprisonment of six months to a year or a fine.
2010. Act limits
Deadlines. The Law of Sexual and Reproductive Health, 2010 sets a deadline of abortion on demand until week 14 of gestation. From that period until week 22, the woman can abort the fetus if a defect or a risk to the health of the mother. After that time the abortion is only permitted if a medical committee attests that there is a severe malformation or incompatible with life.
Punishment. The law of 2010 only provides for prison sentences for those outside the permitted abortions if the procedure was done after 22 weeks of gestation.
スペイン与党の保守党の国民党は、現在の無条件での22週間までの無料の健康保険による中絶を、医師の診療判断による中絶に制限したいよう?
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