Spain will strengthen the right to abortion and introduce leave for painful menstruation

In Spain, the number one objective of this text presented Tuesday, May 17 before the Council of Ministers, is that every woman can access abortion in a public hospital near her home. In theory, this principle is already governed by a previous law dating from 2010: abortion is possible up to 14 weeks of pregnancy (as in France) and up to 21 weeks in the event of danger to the life of the mother or of the child, in particular a malformation of the fetus. So why this new text if there is already a law? Because in practice, in many public hospitals, doctors invoke conscientious objection to refuse to perform abortions. Consequence: in several regions of the country, such as Toledo in the South, no abortion is practiced. And many women have to travel to a neighboring region to be able to have an abortion. From now on, doctors who refuse to perform the intervention will have to register on a public register. And all hospitals will have an obligation to find a solution. The new text presented by the left-wing government of Pedro Sanchez also plans to remove the three-day period of reflection that was imposed on women wishing to have an abortion. They will now be able to do so immediately.

The text does not only concern abortion: it intends to create a new right which would be a first in Europe. It is also officially on “the protection of sexual and reproductive rights”. And its other great innovation is the creation of menstrual leave: in other words the possibility for women to take 3 to 5 days off in the event of painful periods. Especially in case of cramps and nausea. If the text presented by the government is adopted, Spain will become the first country in Europe to adopt this reform. Only a handful of Asian countries (notably Japan and Taiwan) have introduced this right so far. Some unions are also very critical of this measure because they fear the effect of discrimination in hiring against women. But the Minister for Equality Irene Montero repeated it on Monday morning on Spanish radio Cadena Ser: the decision has been made and it is “revolutionary”. The reform also intends to guarantee free hormonal contraceptives and the morning after pill. On the other hand, after somewhat tight negotiations within the government, the idea of ​​abolishing VAT on feminine hygiene products was discarded. VAT should therefore be maintained. Similarly, the government has given up for the time being on extending maternity leave, which only begins in Spain three weeks before the end of the pregnancy.

This bill has a good chance of succeeding: a majority in Parliament should emerge. Especially since the text is therefore already the result of negotiations and compromises within the government, negotiations which lasted until the last moment: the text was not completed a week ago. It will then be necessary to reckon with possible constitutional complaints from the right-wing parties, the PP (popular party) and the far-right movement, Vox. But the Spanish Constitutional Court is made up of a majority of judges considered “progressive”, 7 to 5. This is also the difference with United States.