スペイン保守党政府は、独裁政府崩壊後の民主主義時代のうちで最も制限(保守)的な妊娠中絶法の改悪をさいたく(ほぼ妊娠中絶の禁止?状態のカトリック教国のポーランド、アイルランドにつぐ)。
El Gobierno aprueba la ley del aborto más restrictiva de la democracia
El Gobierno aprueba un retroceso de 30 años
La Amujer podrá alegar daño psíquico, pero acreditarlo será más duro
El supuesto de anomalía fetal se suprime
Especial: todo sobre la ley del aborto
El PSOE apela a las diputadas del PP y pedirá voto secreto en la ley del aborto
Gallardón consuma la vuelta atrás
Decálogo de la nueva ley del aborto
In English: Government approves most restrictive abortion laws since return of democracy
Vera Gutiérrez Calvo / María R. Sahuquillo Madrid 20 DIC 2013 - 22:21 CET
The Government adopted the most restrictive abortion law of democracy
Government approves 30-year setback
The Amujer may invoke psychic damage, but credit it will be harder
The course of fetal anomaly is suppressed
Special: All about the abortion law
The Socialist Party calls on the deputies asked the PP and secret vote abortion law
Gallardón consume backtracking
Decalogue of the new abortion law
In Inglés: Government approves restrictive abortion laws since Most return of democracy
Vera Gutiérrez Calvo / Mary R. Sahuquillo Madrid 20 DIC 2013 - 22:21 CET
The Government approved the most restrictive abortion law of democracy , which will name Alberto Ruiz- Gallardón, Justice Minister Friday. Terminate pregnancy shall cease to be a right of women in the first 14 weeks - a right that exists only since 2010 - and will be an offense decriminalized in certain circumstances , as it was with the 1985 Act . But those assumptions are reduced, and the ability of women to avail them is restricted. There will only be two, rape and " serious danger to the life or physical or mental health " of the woman . Will , again , doctors - with more stringent requirements than in 1985 and the longer - a procedure that will decide if this danger exists . The presence of gross fetal malformations not be grounds for abortion , although it is the psychological effect it has on pregnant.
The new rules will be called Protection Act of Life designed and the Rights of Pregnant Women , in that order ; Gallardón said that has been done to protect " the weakest: conceived and unborn ," but " always in the interest of women " and also respecting their rights. The minister said the current law, approved by the PSOE in 2010, violates the "balance" in protecting the rights of the fetus and the woman who won the Constitutional Court in its judgment of 1985 , for " checks out " the unborn child in the first 14 weeks of pregnancy ( in that time you can abort without giving reasons ) . The 2010 Act is appealed to the Constitutional PP , but this has not yet ruled ; Gallardón said the government does not need to await the judgment because he is convinced that the law is unconstitutional.
moreSoledad Puértolas : " The far right and nacionalcatolicismo have won the battle "The outlaw abortion is a crime without punishment for pregnantAll physicians may objectRajoy made the final decision after months of internal debate and tension in the PP
The PSOE called the future standard of " shame" and predicted that deaths from unsafe abortions occur in hiding. Other opposition groups , such as IU, UPyD , ERC and PNV also demonstrated frontally against. The Association of Approved Clinics for Abortions ( ACAI ) , to which the bill remains prohibited functions and whose services advertise - said in a statement that the law will be " virtually impossible" to abortion in Spain . There were 118,359 abortions in 2011 , latest official data , 90 % before the 14th week of pregnancy.
The draft must now be subjected to various reports and after the parliamentary debate , so it will not take effect until within about a year.
" Fetal malformation not be grounds for abortion . The bill states that abortion is a crime except in two cases: the pregnancy is the result of rape ( alegable in the first 12 weeks) and generate a " serious danger to life or physical or mental health of the pregnant " ( alegable in the first 22 weeks ) . Disappears , thus assuming malformation, incurable disease or fetal anomaly incompatible with life, with one or another formulation has been around for three decades. That the fetus has a health problem , however serious and although this will be final death at birth , no longer in itself a legal reason to abort.
Gallardón , who announced the abolition of the course last year and half , was modulating its proposal - months before the huge controversy , and last May, in the Senate , made a distinction between serious malformations - " naturally contemplate legislation contemplated as always ," he said and " disabilities " of the fetus , which would outlaw not " discriminate" against the disabled. It has finally given up the distinction : all malformations and diseases fall outside the legal cases of abortion . "No embryos first and second , as there are people first and second ," he argued .
Authorization is signed by two physicians outside the clinic to do the abortion
» The " loophole " psychological damage, but with obstacles. That fetal malformation disappears as course does not mean that pregnant any woman of a fetus with health problems ( the degree they are) going to be able to abort : You can do it, if it proves that it is a "grave danger" to his mental health, because it will be that you will have to respond. The government gets the course of psychological harm to the pregnant Act 1985 , to which the vast majority of women are welcomed and then the PP and pro-life associations often branded " loophole " . What gets but with a more demanding , more complicated and lengthy procedure.
" A report from two medical and non- medical . The "grave danger" to the mental health of the woman alleged to be expected to welcome those who want abortion for fetal malformation or for other reasons will have to be accredited in a report signed by two doctors (it is now only one) . These two professionals will not be those who will perform the abortion - as with current law - but neither can , and this is new , working in the center in which the abortion is performed. At present , 97% of the voluntary termination of pregnancy occurs in private clinics, and physicians are those that produce the same clinical medical opinions when necessary. And was also made to the 1985 Act . Now the PP breaks that bond , to ensure "fairness " of the medical reports .
The woman can choose which of two medical - public health or a different private clinic that will perform the abortion - sign their opinion. If pregnant argues that the threat to mental health is the result of a fetus with an anomaly incompatible with life, have to be two reports: one from a specialist stating that the anomaly exists and another psychologist or psychiatrist to rule on whether that generates the woman psychic damage. From week 22 , the psychological damage can only be invoked as if by fetal anomalies incompatible with life ( he is now equal ) .
In addition, doctors who sign the report in any event risk for mental health will have to establish that the conflict between the protection of the fetus and the woman can not be resolved " from the medical field, in any other way ." And just means that there are psychic damage when , in its discretion , pregnancy produces a "significant impairment" and " retention time " for women. The Ministry of Justice says that this is how the Constitutional Court in 1985 described the risk for mental health.
Pregnant doctors can decide which carried the report
»Information for Pregnant : verbal and seven days of reflection . At present , the woman who has an abortion doctors receive an envelope with information about alternatives, maternity aid and risks of intervention, and have to think about it for three days before aborting . That period is now extended to seven days, and the information - which will not include photos of ultrasound , confirmed Gallardón , will have to be given in person by employees of public social services. Justice sources say there is no risk of that generate delays in the procedure and end increasing cases of late abortions . " Social services will be enhanced so that will not happen," Trust .
" The children, with parental permission . Girls 16 to 17 years back to require parental permission for an abortion ( as before 2010). In case of serious family conflict , a judge will decide in 15 days - who - gives the reason, if the girl or her parents , in principle, the view will prevail pregnant .
" The right to conscientious objection widespread . All health professionals who participate, collaborate, or whose work is necessary to perform an abortion - from administrative to Warden or tools available in the OR - eligible for conscientious objection . With the current law can only do doctors who practice abortion .
" A crime without punishment for women. Abortions performed outside the statutory assumptions will be crime, but there will only be punishment for the doctor (up to three years in prison and up to six of disqualification , as now) . The woman will not have criminal reproach. Gallardón welcomed this new and justified in that the woman is a "victim" of abortion , an argument that some women's associations branded a " paternalistic" .
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