Doctors Opposing Abortion Face 'Brutal Discrimination' in Spain

Attorney Jose Antonio Diez, the general coordinator of the National Association for the Defense of the Right to Conscientious Objection, has strongly criticized the treatment of doctors who hold objections to performing abortions, describing it as "brutal discrimination."

Image Credit: Jonathan Borba

Highlights

By Catholic Online (NEWS CONSORTIUM)
7/10/2023 (1 year ago)

Published in Europe

Keywords: Spain, abortion, doctors, discrimination, court

Diez's comments came in response to a recent ruling by the Constitutional Court (TC) of Spain. The court declared that the "right to abortion" is violated when a hospital refers a woman seeking an abortion to a private establishment because the doctors at the public health facility did not provide written and advance objections to performing abortions.

The case in question dates back to 2014 when a 35-year-old pregnant woman was informed that her unborn child had a rare brain disorder known as agenesis of the corpus callosum. The Murcian Health Service, an autonomous community's public health system, referred the woman to a private abortion center in Madrid, citing a lack of doctors willing to perform the procedure within the region's public health system.

According to the Red Madre Foundation, which supports women in crisis pregnancies, the method used for second or third-trimester abortions is known as "partial delivery." It involves grasping the fetus's feet and pulling them until the lower part of the head is exposed. Scissors are then used to open the base of the neck, allowing for the insertion of a catheter to suction out the brain.

The Constitutional Court determined that abortions must be carried out in public health centers within the autonomous community, except in exceptional cases where the public health service cannot accommodate it due to widespread conscientious objection. However, the court ruled that in the specific case under investigation, it was not proven that the doctors had exercised their right to conscientious objection individually, in advance, and in writing.

These requirements were not present in the 2010 abortion law applicable at the time of the incident. In the revised 2010 law (March 2023 version), Article 19 Section 2 introduces these requirements, and Article 19 Section 3 includes the provision for a registry of conscientious objectors, which is yet to be created.

Diez strongly disagrees with the ruling of the Constitutional Court, expressing doubts about the impartiality of the justices. He believes there is a deliberate effort to register objecting doctors to minimize resistance to abortion and close the debate.

Diez emphasizes that fundamental rights should not be curtailed without just cause, and he argues that attempts are being made to impose obligations that override personal conscience and the professional standards of medical practice.

He raises concerns that the Constitutional Court may be contradicting the principles enshrined in the Spanish Constitution, suggesting that this direction may prevent doctors with principles from practicing gynecology.