SPAIN-ABORTION-TBs-CEDAW

Concluding Observations on Report 9 (2023) (Link)

Status and visibility of the Convention, the Optional Protocol thereto and the Committee’s general recommendations

9. The Committee notes with satisfaction that the State party has adopted a progressive framework of laws and policies to achieve substantive equality between women and men, placing the Convention at its core. The Committee notes the training and awareness-raising activities for the judiciary and women concerning the Convention and the Optional Protocol. It also notes with satisfaction references made to the principle of intersectionality as a central component in the implementation of the Convention. However, it is concerned about the limited effectiveness and need for impact assessments of these laws, notably in the areas of access to abortion services, guarantees for refugee and migrant women and access to justice. Lastly, it is concerned about the lack of effective application of the principle of intersectionality to ensure gender equality for women who are victims of intersectional discrimination.

 10. The Committee recommends that the State party:

(a) Strengthen the constitutional status of the fundamental women’s rights established in the Convention and their visibility within the constitutional framework;

(b) Ensure the systematic and effective follow-up to the Committee’s communications;

(c) Continue to promote the Convention in international cooperation policies at all levels, in particular in autonomous communities;

(d) Take the necessary measures to ensure the universal enjoyment of rights and universal access to public services for women who are victims of intersectional discrimination;

(e) Strengthen compliance with extraterritorial obligations, based on the consideration of women’s rights and empowerment in new value chains in the economic sector.

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Health

34. The Committee notes with appreciation the recognition of rights to medically assisted reproduction and to abortion following the adoption of Organic Law No. 1/2023, amending Organic Law No. 2/2010 of 3 March 2010, on sexual and reproductive health and the voluntary interruption of pregnancy. The Committee also notes with appreciation efforts taken by the State party to combat obstetric violence, following the recommendations provided in the Committee’s communication No. 154/2020. It is concerned, however, that the implementation thereof is not systematic and characterized by significant disparities between regions. The Committee is further concerned that health issues are not addressed in the workplace, in particular mental health conditions that may have arisen as a result of the coronavirus disease (COVID-19) pandemic, and that a significant number of women suffer from addictions, such as drug users.

35. The Committee recommends that the State party:

(a) Increase the allocation of all necessary human, technical and financial resources to effectively implement the recommendations provided in the Committee’s communication No.

(b) Ensure the effective and widespread application of legislation on abortion, provided for in Organic Law No. 1/2023, through an increase in the provision of services at the local level by regional authorities, while preserving universal access to care, with particular attention to women in disadvantaged situations, especially migrant women and Roma women;

(c) Take measures to address mental health issues, particularly work- related conditions, and ensure the availability, accessibility and quality of mental health-care services and gender sensitive addiction rehabilitation services at the national and local levels.

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Concluding Observations on Report 7-8 (2015) (Link)

Health

30. The Committee is concerned:

(a) That the legislative amendment to Royal Legislative Decree No. 16/2012 excluded migrants in irregular situations from universal health coverage and had a disproportionate impact on migrant women because it deprived them of free access to sexual and reproductive health services. It therefore represented an opportunity lost to identify victims of gender-based violence and trafficking and to provide support to victims of sexual violence;

(b) That a new bill that envisages making abortion for girls between 16 and 18 years of age dependent on the consent of the parents, caretakers or legal guardians was approved in February 2015 by the lower chamber of the parliament;

(c) That the budget for women living with HIV has been significantly reduced.

31. The Committee, recalling article 12 of the Convention and its general recommendation No. 24 on women and health, recommends that the State party:

(a) Restore universal access to health care, including by repealing the amendment to Royal Legislative Decree No. 16/2012, with a view to ensuring health care for all women in the State party, regardless of their migration status;

(b) Ensure that the bill on the right to abortion for girls between 16 and 18 years of age is not adopted;

(c) Ensure the provision of adequate treatment to all women living with HIV.

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Concluding Observations on Report 6 (2009) (Link)

Health

25. The Committee is concerned at the high rates of unwanted pregnancies and voluntary interruptions of pregnancy, as well as increasing rates of HIV/AIDS among women.

26. The Committee urges the State party to continue its efforts to lower the rate of unwanted pregnancies, including through improvements in the availability and affordability of sexual and reproductive health services, as well as family planning information and services. It recommends the adoption of measures to increase knowledge of, and access to, affordable contraceptive methods, and recommends that sex education be widely promoted and targeted at adolescent girls and boys, with special attention to the prevention of early pregnancy, sexually transmitted diseases and HIV/AIDS. It calls upon the State party to ensure the effective implementation of its strategies against HIV/AIDS and sexually transmitted diseases, and to provide detailed statistical and analytical information about women and HIV/AIDS in its next periodic report. The Committee also encourages the State party to carefully monitor the delivery of health services so that it can respond in a gender-sensitive manner to all health concerns of women and in this regard invites the State party to utilize the Committee’s general recommendation No. 24 as a framework for action to ensure that all health policies and programmes integrate a gender perspective.

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Concluding Observations on Report 5 (2004) (Link)

[no mention]

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Concluding Observations on Report 3-4 (1999) (Link)

265. The Committee is concerned at the significant increase in abortions among adolescents aged 15 to 19 years old.

266. The Committee recommends that abortions among adolescents be addressed by a multiplicity of means, including age-appropriate sex education in primary and secondary schools.

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Concluding Observations on Report 2 (1992) (Link)

355. …They asked whether the law allowed doctors to refuse to perform abortions on the ground of religious or moral reasons, whether the method was practised. They also sought information on the age of women who had an abortion, and on the health structure in which abortion was performed.

371. Turning to questions on abortion, the representative said that the revision of article 417 of the Spanish Penal Code had legalized abortion under certain specific conditions: when there was a risk to the life or health of the mother, when the pregnancy was the consequence of rape or when there was a presumption that the foetus would be born with serious physical or mental defects. While most abortions were performed in private clinics, 98 per cent of those with high risk were performed in public clinics.

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Concluding Observations on Report 1 (1987) (Link)

269. Several questions were related to the new family planning and health programmes; it was asked whether family planning devices were in reach of all women, whether they had reduced the high rate of abortion, whether medical practitioners were still prosecuted for carrying out abortions and what the frequency rate was. Several comments were made on the decriminalization of abortion, and experts inquired about the reaction to that measure by Spanish women.

282. In Spain, the Catholic church was very conservative with regard to women, although many Spanish Catholics had more advanced views than the clerical hierarchy, especially as regards the use of contraceptives and the right to abortion.

293. The representative explained that the use of contraceptive devices was increasing. The Institute for Women’s Affairs had waged campaigns on family planning in all media. Since the decriminalization of abortion in cases specified by law, only 1,500 legal abortions had been carried out. That low figure was due to conscientious objections raised by doctors and hospital staff. Efforts were being made to broaden the allowable conditions for abortions. According to a recent survey, about two thirds of the population approved of the new law, while one third supported the idea of free abortion at the request of the woman.

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