4 Sep, 2023 @ 12:59
4 mins read

Exploring the Differences in Abortion Legalization in Spain and the United States

Pro-choice versus pro-life has been a controversial debate topic globally. This is due to the views on the moral and ethical abortion implications. The pro-choice belief is that it is a woman’s right to decide what to do with her body. Some of these include terminating a pregnancy. In contrast, the pro-life perspective is life’s sanctity and seeks to protect the unborn child’s rights. Abortion laws in Spain and in the United States have some differences.

The two parties’ opinions sprout from their religious beliefs and cultural values. As a result, they’ve been influencing most developing countries’ regulations and policies. Among these nations, Spain and the United States are outstanding. They have distinct historical, cultural, and legal frameworks shaping their approaches to pregnancy termination. This article discusses the differences between the laws guiding pregnancy termination in Spain and the US.

Key Milestones and Legal Changes in Both Countries’ Approaches to Abortion

Spain and the United States have different regulations on pregnancy termination. These are due to milestones reflecting their cultural, social, medical, and religious values. Educators give students assignments on the factors influencing changes in law over time. It aims to educate students on abortion legality in the US and other countries and enhance their critical thinking.

Sometimes it’s hard to start writing the assignment when you don’t know much about the subject. There are several abortion essay samples. These papers explore diverse views for creating strong arguments for abortion essays, including ethical, medical, religious, and legal perspectives. In any case, if you are busy with other activities or find it challenging to write a perfect essay on a topic related to abortion, you can reach out to a professional writer. By doing so, you’ll enhance your grades and better understand how to curate a compelling paper for your next assignment.

Notable Milestones and Legal Changes in the Spanish Approach

In 1985, Spain passed an act that allowed voluntary termination due to sexual assault and fetal malformation. The regulation prioritized the mother’s physical and mental health. However, reproductive rights and women’s rights in the country experienced a groundbreaking milestone in 2010. The Organic Law 2/2010 legalized pregnancy removal during its first 14 weeks. It allows abortions up to 22 weeks in cases of fetal malformation or when the pregnancy threatens the mother’s health.

Notable Milestones and Legal Changes in the US Approach

The 1973 Supreme Court case, Roe v. Wade, marked a turning point in abortion rights in America. The Court’s decision recognized a woman’s right to remove pregnancy under privacy protections. It is protected by the Fourteenth Amendment and based on the trimester framework. The ruling neutralized many existing state laws. Therefore, it gives women access to safe reproductive health and voluntary interruption. But the verdict is not without controversies.

Historical Context of Abortion Laws in Spain and the United States

Voluntary interruption of pregnancy was considered a grave sin and was restricted within the Spanish borders for ages. It results from the influence of the Catholic Church and traditional societal norms. In 1932, the Penal Code briefly allowed termination of pregnancy in cases of rape, fetal malformation, and danger to the mother’s life.

However, it was short-lived. In 1941, the Franco dictatorship (1939-1975) reversed the abortion laws in Spain. He criminalized all pregnancy interruptions with fines and loss of rights to everyone involved. It includes the women, the pharmacists, and the medical practitioners. The restriction on abortion was in place until the country transitioned to democracy in the late 20th century. In 1985, women’s rights in Spain enabled pregnant people to terminate the unborn child in rare cases. It consists of rape, fetal malformation, and when the mother’s physical or mental health is at risk.

In the US, pregnancy interruption was not regulated from the early colonial period to the 19th century. However, the concerns about public health and women’s safety led to the gradual involvement of legal authorities in regulating pregnancy termination. In the mid-19th century, the American Medical Association and social reformers started advocating for stricter abortion laws in the United States. They established their professionalism and authority in protecting women’s health and well-being.

In response, most states enacted laws restricting the practice unless it was to save the mother’s life until the early 20th century. In 1960, the women’s rights movement and contraceptive technology experienced spontaneous growth. These led to reformation in making the procedure legal in the U.S. A few states exempt rape cases, incest, and fetal abnormalities from being criminalized.

Access to Safe and Legal Abortion Services in Both Countries

Pregnancy removal services are available in public healthcare facilities in Spain. The Organic Law 2/2010 gives women access to legal abortion within the first 14 weeks without question. It’s also accessible to minors under 18 with parental consent or by obtaining a judicial waiver. Yet, there may be variations in the service availability and quality depending on various factors. It includes the following:

  • Region
  • Healthcare infrastructure
  • Medical practitioners’ willingness to provide the service depends on personal beliefs
  • Culture

Access to pregnancy removal services in the U.S. is complicated. That is due to the decentralized healthcare system and the ongoing pro-choice and pro-life debates around reproductive rights. Abortions became legal in the United States because of the Roe v. Wade ruling. Yet, each state-level regulation and restriction may affect women’s access to it. Some states have implemented laws creating barriers to accessing timely and affordable services. Some are listed below:

  • Waiting periods.
  • Mandatory counseling.
  • Parental consent for minors.
  • Restrictions on public funding.

Key Differences

Spain permits abortion up to 22 weeks in cases of maternal health risk or fetal malformation. Meanwhile, the US allows pregnancy removal based on trimesters and varying state regulations. Spanish healthcare provides reproductive health services under the Organic Law 2/2010. As of now, it’s influenced by the Roe v. Wade verdict in the US.

Final Thoughts

The Spanish government permits abortion at 14 weeks of pregnancy. It also allows the eradication of those threatening the health of the pregnant woman and fetal malformation. In the meantime, there’s variation in the US due to the absence of a uniform federal policy. Some states restrict access to the procedure with mandatory waiting periods and clinic regulations. Others have actively protected and expanded women’s reproductive rights.

Abortion legalization is an ongoing debate in various countries. Spain has been progressive in approaching reproductive health and voluntary interruption. The nation is now an example for European countries trying to balance their healthcare and human rights. In the United States, the trajectory is less certain. It’s still a challenge to balance the protection of women’s autonomy and differing moral and religious beliefs. Looking ahead, the future of the law guiding the termination of pregnancy depends on different factors. Some are the policymakers’ evolving views, the advocacy efforts, and the judicial system decisions.

Staff Reporter

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