Explained: Why Spain is making changes to its rules on abortion, menstrual and maternity leave

Minister for Territorial Policy and government spokesperson Isabel Rodríguez said the new bill was “a new step forward for women and for democracy in our country”.

Minister for Equality Irene Montero, meanwhile, said that limiting the access to abortion “has never served to reduce it, but only to generate more insecurity, more suffering and more poverty for women, especially the most vulnerable”.

“Rights will now be guaranteed and extended, and existing obstacles to exercising the right to voluntary termination of pregnancy will be removed,” she added.

Speaking on the country’s feminist movement, Montero said on a Spain’s national television broadcaster show, “We will be the first country of Europe that talks about menstruation health as a health standard and we eliminate this stigma, shame and guilt, as well as this loneliness that women often have go through during their period.”

So, what is in Spain’s sexual and reproductive health bill?

If approved by parliament, the bill will allow women over the age of 16 to abort a pregnancy without seeking parental consent. It will also remove the three-day mandatory reflection period, where women had to confirm their choice to abort after three days of seeking an abortion. This means women will neither have to seek approval from hospitals nor wait to undergo the procedure.

Spain allows voluntary abortion up to 14 weeks of pregnancy but gives doctors the opportunity to sign up as conscientious objectors and not perform the procedure. This will now be regulated under the new law. Regularising this, the government has said it will allow women to undergo abortions closer to home instead of travelling far for the same.

Women who undergo abortion will also be given “temporary incapacity” while recovering from the process.

Further, morning after pills, under the new law, will be free of cost in healthcare and public centres specialising in sexual and reproductive rights, and will be made available in all pharmacies across the country.

The bill also provides leave for women from the 39th week of pregnancy, which will be added to the pre-existing maternity leaves.

Under the bill, methods of contraception will be provided free of cost in high schools, prisons and social service centres. A government statement said, “Public funding will also be expanded and priority given to the latest generation of contraceptives. Furthermore, the development and research of male contraception will be promoted to encourage men’s co-responsibility.”

Along with this, sex education will be made compulsory at all stages of education.

“There will also be lifelong learning, and public assistance and comprehensive and specialised care services will be created, as well as a telephone hotline, aimed particularly at women, to facilitate knowledge of their rights and access to the resources to which they are entitled,” the government statement added.

Period leaves for women who undergo “painful and disabling periods” would also be provided under the new law. The leaves would be funded by the government.

Spain’s conservative population

Spain is a country with a high conservative Catholic population and many are still opposed to the pre-existing abortion laws in the country.

Former conservative prime minister Mariano Rajoy had made promises to tighten Spain’s abortion laws before coming to power but he had to drop the idea because of disagreements within his party. This had angered many abortion groups.

Rajoy, however, had brought in the reform that made it mandatory for 16 and 17-year-old women to seek parental consent to abort pregnancies.

There has been a longstanding ideological battle over abortion rights in Spain. The opposition right-wing parties along with Catholic Church have time and again urged Spain’s constitutional court to repeal the existing abortion laws in the country.

As reported by The New York Times, many right-wing lawmakers have referred to abortion hearings by the US Supreme Court to suggest that if the abortion laws in the US are overturned, the same should be done in Spain.