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ABORTION

Gibraltar holds referendum on its draconian abortion laws

Gibraltar heads to the polls on Thursday to vote on plans to ease abortion laws which currently carry possible life sentences for offenders, in a referendum delayed for over a year by the coronavirus pandemic.

Gibraltar holds referendum on its draconian abortion laws
A woman wears a t-shirt reading " Gibraltar for Yes!" outside a polling station in Gibraltar, on June 24, 2021. Photo: Jorge Guerrero/AFP

The issue has exposed sharply opposing views within this tiny, normally closely-knit British enclave at the southernmost tip of Spain, which is home to some 32,000 people.

The referendum was initially slated for March 19 2020 but a week ahead of the vote it was postponed as virus cases began spiralling at the start of the pandemic.Except in cases where it would save the mother’s life, abortion is currently banned in Gibraltar on pain of life imprisonment, although such a penalty has not been applied in modern times.

The government is proposing changes to the law to allow abortion where a woman’s mental or physical health is at risk — such as in cases of rape or incest — or when foetuses have fatal physical defects.

Although the changes have already been approved by Gibraltar’s parliament, the referendum will decide whether or not that amended law be brought into force.

Under the changes, a woman would be able to undergo an abortion up to 12 weeks into her pregnancy if her mental or physical health is deemed at risk, or beyond if such damage would be grave and permanent.

There would be no time limit on cases involving fatal foetal anomaly.

Until now, women wanting to have an abortion have had to travel to Spain or to Britain to undergo the procedure.

Chief Minister of Gibraltar Fabian Picardo and his wife Justine Olivero leave a polling station after casting their ballots. Photo: JORGE GUERRERO/AFP

– ‘In Gibraltar’s best interests’ –

Ahead of the vote, both sides have been campaigning hard, with Chief Minister Fabian Picardo and two other party leaders releasing a video urging people to vote “Yes” to the proposed amendment to the crimes act that will regulate abortions in Gibraltar.

“My personal, professional & political opinion on the abortion referendum: it is in #Gibraltar’s best interests to #VoteYes on Thursday 24th June,” Picardo tweeted.

“No” campaigners have also been rallying support with hundreds of people dressed in pink and purple joining a pro-life “Save Babies, vote no” march through the city centre last week, chanting “We vote no!”

On the ballot, voters will be asked: “Should the Crimes (Amendment) Act 2019, that defines the circumstances which would allow abortion in Gibraltar, come into force?”

If the changes are approved, the law is expected to take effect fairly quickly although officials have not yet laid out a timeline.

The proposed changes came after Britain’s Supreme Court ruled in June 2018 that Northern Ireland’s abortion laws, which at the time were almost identical to Gibraltar’s, were incompatible with the European Convention on Human Rights.

“It is therefore clear that if the equivalent law on abortion in Northern Ireland was in breach of the Convention, our identical, archaic law is too,” wrote Picardo in an op-ed in Wednesday’s Gibraltar Chronicle.

“It is our duty to vote to stop this ongoing breach.”

Picardo has said he believed the changes were long overdue and that the plans would be approved “by a very large majority”.

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HEALTH

What you need to know about Spain’s plan to change its abortion laws

In Spain women can get an abortion for free in all public hospitals up until 14 weeks, no questions asked. But the reality is that many doctors refuse to perform them. The Spanish government is revising its laws to make sure it is enforced across the country.

What you need to know about Spain’s plan to change its abortion laws
Anti-abortion supporters take part in a march in Madrid in 2014. In Spain women have the right to abortions up to the 14th week of their pregnancy, but many doctors across the country refuse to perform the procedure. Photo by DANI POZO / AFP

Under the current legislation introduced by the previous Socialist government in 2010, women in Spain have the right to abortions up to the 14th week of their pregnancy, which is standard in much of Europe.

They also have the legal right to abort up to the 22nd week of pregnancy in cases where the mother’s health is at risk or the foetus has serious deformities.

‘Conscientious objectors’

However, in practice this law translates into a very different reality.  

Many doctors across Spain refuse to practice abortions, calling themselves “conscientious objectors”.

So many doctors deny the procedure across the country, that in five out of the 17 autonomous regions in Spain, no public hospitals offer abortions, according to data from the Health Ministry

This causes stark regional inequalities, forcing thousands of women to either travel to another part of the country, or pay for one in a private clinic, despite the 2010 law stating that “all women should benefit from equal access to abortion regardless of where they reside”.

According to the data, the provinces of Teruel, Ávila, Palencia, Segovia, Zamora, Cuenca, Toledo and Cáceres have not performed a single abortion in the past 30 years.

And, another even more revealing statistic: in 2019, 85 per cent of abortions took place in private clinics.

The map below shows the provinces that never perform abortions in red, the ones where it has varied over the years in orange, and the ones where they have always been available in green.

READ ALSO: Why does Spain top Europe’s Covid vaccination league table?

Law reform

The minister of equality, Irene Montero, has proposed a reform of the current law that would limit doctors being able to refuse the procedure.

“Conscientious objection cannot be an obstacle for women to exercise their right to terminate a pregnancy,” Montero said in a tweet. “We must reform the law to regulate it and make sure abortion is guaranteed in the public health system.”

Montero said the draft law would be ready in December after a consultation process.

However, others have said doctors should not be forced to perform abortions.

The president of Madrid’s regional government, Isabel Díaz Ayuso, said she would not force “any doctor in Madrid’s public health system to practice an abortion against their will” because doctors study medicine “to save lives and not to do the opposite”.

Conservatism

The situation shows abortion remains a dividing issue in Spain, where a large part of the conservative population is still opposed to a law that was introduced over a decade ago.

The former conservative Prime Minister Mariano Rajoy had promised to tighten Spain’s abortion law before he came into power in 2011.

However he was forced to drop the plans in 2014 due to disagreement within his Popular Party (PP). This angered many Catholic and other pro-life groups.

The reform would have ended women’s rights to freely terminate their pregnancies up until the 14th weeks. 

In 2015 Rajoy’s government passed another reform requiring girls aged 16 and 17 to get their parents’ consent if they wished to terminate a pregnancy. But the measure failed to pacify pro-life campaigners.

Montero also announced plans to repeal the 2015 reform as part of the draft law.

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