Madrid (EFE).- The Plenary of the Constitutional Court (TC) is preparing this week to consecrate abortion as a right when it definitively approves the sentence that rejects in its entirety the appeal of the PP against the law of voluntary interruption of pregnancy, after 13 years in the drawer.
In February, the court of guarantees rejected the presentation of the conservative magistrate Enrique Arnaldo and appointed the vice president, the progressive Inmaculada Montalbán, as the new rapporteur so that she could proceed to prepare a new resolution that would dismiss the appeal of unconstitutionality of the PP, that is, to validate the 2010 standard in its entirety.
What is foreseeable in these cases is that the sentence would have been ready in the following plenary session in March, but legal sources explain to EFE that the presentation has required more time to be able to study the implication of the reform of the Abortion Law, approved last February, in the norm of 2010.
The sources consider that having had this appeal for 13 years in the drawer has caused an unprecedented situation, that the court issues a ruling on a law that, at the same time, has just been reformed, hence the implications that this would have to be analyzed. had.
However, the sources specify that the sentence does not declare the loss of object of any aspect because the reform of the abortion law was approved on February 16, that is, after the plenary session of the TC on the 9th, which agreed to reject the appeal. of the PP.
Beyond rejecting the PP’s appeal in its entirety, the sentence does not provide for addressing parental consent for minors aged 16 and 17, because that section of the 2010 law was repealed in 2015 by the Government of Mariano Rajoy.
The Organic Law on Sexual and Reproductive Health and the Voluntary Termination of Pregnancy established free abortion as a woman’s right until week 14, and until week 22 in case of risk to the life or health of the woman or serious anomalies in the fetus.
The appeal of the PP considered the so-called “law of terms” of 2010 unconstitutional compared to the “law of assumptions” of 1985, that is, it intends to outlaw abortion except in the three cases included in the rule of 38 years ago: alleged rape ; up to 22 weeks in cases of risk of fetal malformations; and without limit in the case of danger to the physical and mental health of the mother.