Las espaldas de los médicos son anchas, pero no tanto

Abstract

The article takes into consideration the controversial aspects of the new Abortion Law in Spain (implemented 05.07.10) using the Declarations of the Spanish Health Minister about how will the new Law resolve the matter of consent in under-age women, aged 16 and 17 years old if they choose not to inform their parents of their decision of having an abortion. The new Law means a total change from the previous one as it defines the abortion as a Right for women. The new Abortion Law states that women have the right to have an abortion in a public hospital before the 14th week. The former Law from 1985 decriminalized abortion in three cases: ethical abortion, when the pregnancy was the result of rape; eugenic, when there was the assumption of serious malformations and congenital problems in the fetus; and therapeutically, when there was a life threat or any danger to the physical or psychical health of the mother. In addition to these the voluntary interruption of a pregnancy was subjected to time frames: 12 and 22 weeks for ethical and eugenic respectively and unlimited to therapeutic. The author of the article criticizes the government's reasoning in order to change the existing law as well as the regulations of the Right of Conscientious Objection to the performance of an abortion by doctors. The article draws attention also to one of the most controversial aspects of this new law, passed without social or political consensus: the right of under-age women to have an abortion without informing and getting the consent of their parents or legal tutors, if these young women declare that getting permission could represent a problem in the relationship within the family. The new law makes doctors responsible of investigating the truth behind the alleged family conflict when they are approached by a case without paternal consent. The author of the article critically points out the role of "policemen" given to doctors forced to investigate personal circumstances of completely unknown adolescents that come to them with the intention of having an abortion. This is not a medical act and doctors cannot be burdened by this kind of responsibility.