Global Abortion Policies Database
A tool to expand knowledge, encourage transparency, and promote accountability.
| Country or Region | |
|---|---|
Spain |
Gestational limit: 14
Read more On requestYes Gestational limit
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Grounds-based approaches to restricting access to abortion should be revised in favour of making abortion available on the request of the woman, girl or other pregnant person. The Abortion Care Guideline recommends against laws and other regulations that restrict abortion by grounds. The guideline recommends abortion be available on the request of the woman, girl or other pregnant person.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
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| Country | Economic or social reasons |
Foetal impairment |
Rape |
Incest |
Intellectual or cognitive disability of the woman |
Mental health |
Physical health |
Health |
Life |
Other |
|---|---|---|---|---|---|---|---|---|---|---|
Spain |
Economic or social reasonsYes WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Health grounds shall reflect WHO’s definitions of health, which entails a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Abortion Care Guideline § 2.2.2.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
Additional notesHealth is defined as "the state of complete physical, mental and social well-being and not only the absence of conditions or diseases." |
Foetal impairmentYes Related documents:Gestational limit
The limit of 22 weeks in case of foetal impairment applies when there is a 'risk of serious anomaly in the foetus'. There is no limit of weeks in case of foetal abnormality incompatible with life or an extremely serious and incurable disease of the foetus. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Grounds-based approaches to restricting access to abortion should be revised in favour of making abortion available on the request of the woman, girl or other pregnant person. The Abortion Care Guideline recommends against laws and other regulations that restrict abortion by grounds. The guideline recommends abortion be available on the request of the woman, girl or other pregnant person.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
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WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Grounds-based approaches to restricting access to abortion should be revised in favour of making abortion available on the request of the woman, girl or other pregnant person. The Abortion Care Guideline recommends against laws and other regulations that restrict abortion by grounds. The guideline recommends abortion be available on the request of the woman, girl or other pregnant person.
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WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Grounds-based approaches to restricting access to abortion should be revised in favour of making abortion available on the request of the woman, girl or other pregnant person. The Abortion Care Guideline recommends against laws and other regulations that restrict abortion by grounds. The guideline recommends abortion be available on the request of the woman, girl or other pregnant person.
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Mental healthYes WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Health grounds shall reflect WHO’s definitions of health, which entails a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Abortion Care Guideline § 2.2.2.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
Additional notesHealth is defined as "the state of complete physical, mental and social well-being and not only the absence of conditions or diseases." |
Physical healthYes WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Health grounds shall reflect WHO’s definitions of health, which entails a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Abortion Care Guideline § 2.2.2.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
Additional notesHealth is defined as "the state of complete physical, mental and social well-being and not only the absence of conditions or diseases." |
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Health grounds shall reflect WHO’s definitions of health, which entails a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Abortion Care Guideline § 2.2.2.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
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WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Grounds-based approaches to restricting access to abortion should be revised in favour of making abortion available on the request of the woman, girl or other pregnant person. The Abortion Care Guideline recommends against laws and other regulations that restrict abortion by grounds. The guideline recommends abortion be available on the request of the woman, girl or other pregnant person.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
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Other
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| Country | Authorization of health professional(s) |
Authorization in specially licensed facilities only |
Judicial authorization for minors |
Judicial authorization in cases of rape |
Police report required in case of rape |
Parental consent required for minors |
Spousal consent |
Ultrasound images or listen to foetal heartbeat required |
Compulsory counselling |
Compulsory waiting period |
Mandatory HIV screening test |
Other mandatory STI screening tests |
Prohibition of sex-selective abortion |
Restrictions on information provided to the public |
Restrictions on methods to detect sex of the foetus |
Other |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Spain |
Authorization of health professional(s)No WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Third-party authorization requirements are incompatible with international human rights law, which provides that States may not restrict women’s access to health services on the ground that they do not have the authorization of husbands, partners, parents or health authorities, because they are unmarried, or because they are women. The Abortion Care Guideline recommends that abortion be available on the request of the woman, girl or other pregnant person without the authorization of any other individual, body or institution. Abortion Care Guideline § 3.3.2.
Additional notesAn authorisation by one doctor or specialist is required in case of serious risk to the life or health of the woman – except in case of emergency. Two specialists must issue an opinion in case of risk of serious anomalies in the fetus. Where fetal anomalies are found to be incompatible with life and are recorded in an opinion previously issued by a doctor or specialist or when an extremely serious and incurable disease is detected in the fetus, confirmation by a multidisciplinary Clinical Committee is required. The authorizing doctors or specialists must be different from the person undertaking the abortion procedure. |
Authorization in specially licensed facilities onlyNo WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. To establish an enabling environment, there is a need for abortion care to be integrated into the health system across all levels (including primary, secondary and tertiary) – and supported in the community – to allow for expansion of health worker roles, including self-management approaches. To ensure both access to abortion and achievement of Universal Health Coverage (UHC), abortion must be centred within primary health care (PHC), which itself is fully integrated within the health system, facilitating referral pathways for higher-level care when needed. Abortion Care Guideline § 1.4.1.
Additional notesPublic centers or establishments that comply with the provisions of Organic Law 2/2010, of March 3, and with the common minimum requirements contemplated in the 2010 decree guaranteeing the quality of abortion care, will be automatically accredited for the practice of voluntary interruption of pregnancy. Private centers need to be accredited by the Health Department to provide abortions. |
Judicial authorization for minorsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends that abortion be available on the request of the woman, girl or other pregnant person without the authorization of any other individual, body or institution. Abortion Care Guideline § 3.3.2.
Additional notesWomen may voluntarily terminate their pregnancy from age 16, without the consent of their legal representatives. In the case of minors under 16 years of age, the consent of the legal representative is required. In the case of pregnant minors under 16 years of age in a situation of helplessness whose guardianship has not yet been assumed by the Public Entity to which, in the respective territory, the protection of minors is entrusted and consent by proxy is required for termination of pregnancy, the provisions of article 172.4 of the Civil Code shall apply, and the Public Entity that assumes provisional custody may give consent by proxy for the voluntary interruption of pregnancy, in order to safeguard the right of the minor to it. In case of discrepancy between the minor and those called to give consent by representation, the conflicts will be resolved in accordance with the provisions of civil legislation by the judicial authority, and a judicial defender must be appointed to the minor within the procedure and with the intervention of the Public Prosecutor. Related documents: |
Judicial authorization in cases of rapeNOT APPLICABLE WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. There shall be no procedural requirements to “prove” or “establish” satisfaction of grounds, such as requiring judicial orders or police reports in cases of rape or sexual assault (for sources to support this information). These restrictions subject the individual to unnecessary trauma, may put them at increased risk from the perpetrator, and may cause women to resort to unsafe abortion.
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Police report required in case of rapeNOT APPLICABLE WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. There shall be no procedural requirements to “prove” or “establish” satisfaction of grounds, such as requiring judicial orders or police reports in cases of rape or sexual assault (for sources to support this information). These restrictions subject the individual to unnecessary trauma, may put them at increased risk from the perpetrator, and may cause women to resort to unsafe abortion.
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Parental consent required for minorsYes Can another adult consent in place of a parent?Yes Age where consent not needed
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. While parental or partner involvement in abortion decision-making can support and assist women, girls or other pregnant persons, this must be based on the values and preferences of the person availing of abortion and not imposed by third-party authorization requirements. Third-party authorization requirements are incompatible with international human rights law, which provides that States may not restrict women’s access to health services on the ground that they do not have the authorization of husbands, partners, parents or health authorities, because they are unmarried, or because they are women. The Abortion Care Guideline recommends that abortion be available on the request of the woman, girl or other pregnant person without the authorization of any other individual, body or institution. Abortion Care Guideline § 3.3.2.
Additional notesWomen may voluntarily terminate their pregnancy from age 16, without the consent of their legal representatives. In the case of minors under 16 years of age, the consent of the legal representative is required. In the case of pregnant minors under 16 years of age in a situation of helplessness whose guardianship has not yet been assumed by the Public Entity to which, in the respective territory, the protection of minors is entrusted and consent by proxy is required for termination of pregnancy, the provisions of article 172.4 of the Civil Code shall apply, and the Public Entity that assumes provisional custody may give consent by proxy for the voluntary interruption of pregnancy, in order to safeguard the right of the minor to it. In case of discrepancy between the minor and those called to give consent by representation, the conflicts will be resolved in accordance with the provisions of civil legislation by the judicial authority, and a judicial defender must be appointed to the minor within the procedure and with the intervention of the Public Prosecutor. Related documents: |
Spousal consentNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. While parental or partner involvement in abortion decision-making can support and assist women, girls or other pregnant persons, this must be based on the values and preferences of the person availing of abortion and not imposed by third-party authorization requirements. Third-party authorization requirements are incompatible with international human rights law, which provides that States may not restrict women’s access to health services on the ground that they do not have the authorization of husbands, partners, parents or health authorities, because they are unmarried, or because they are women. The Abortion Care Guideline recommends that abortion be available on the request of the woman, girl or other pregnant person without the authorization of any other individual, body or institution. Abortion Care Guideline § 3.3.2.
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Ultrasound images or listen to foetal heartbeat requiredNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The right to refuse information, including the right to refuse viewing ultrasound images, must be respected. The Abortion Care Guideline recommends against the use of ultrasound scanning as a prerequisite for providing abortion services for both medical and surgical abortion. Abortion Care Guideline § 3.3.5.
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Compulsory counsellingNo WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. While counselling should be made available and accessible, it should always be voluntary for women to choose whether or not they want to receive it. The right to refuse counselling when offered must be respected. Where provided, counselling must be available to individuals in a way that respects privacy and confidentiality.
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Compulsory waiting periodNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Mandatory waiting periods delay access to abortion, sometimes to the extent that women’s access to abortion or choice of abortion method is restricted. The Abortion Care Guideline recommends against mandatory waiting periods for abortion. Abortion Care Guideline § 3.3.1.
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Mandatory HIV screening testNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Regulatory, policy and programmatic barriers – as well as barriers in practice – that hinder access to and timely provision of quality abortion care should be removed. Abortion Care Guideline § Box 2.1.
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Other mandatory STI screening testsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Regulatory, policy and programmatic barriers – as well as barriers in practice – that hinder access to and timely provision of quality abortion care should be removed. Abortion Care Guideline § Box 2.1.
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Prohibition of sex-selective abortionNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. In situations where abortion is restricted for sex selection purposes, terminating a pregnancy for this reason is likely to involve an unsafe procedure carrying high risks. Any policies or guidelines on the use of technology in obstetric and fetal medicine should take into account the need to ensure women’s access to safe abortion and other services - efforts to manage or limit sex selection should also not hamper or limit access to safe abortion services. Preventing gender-biased sex selection: an interagency statement.
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Restrictions on information provided to the publicNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Dissemination of misinformation, withholding of information and censorship should be prohibited.
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Restrictions on methods to detect sex of the foetusNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. A woman is entitled to know the status of her pregnancy and to act on this information. Prenatal tests and other medical diagnostic services cannot legally be refused because the woman may decide to terminate her pregnancy. Safe Abortion Guidelines § 4.2.1.4.
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Other |
| Country | National guidelines for induced abortion |
Methods allowed |
Country recognized approval (mifepristone / mife-misoprostol) |
Country recognized approval (misoprostol) |
Where can abortion services be provided |
National guidelines for post-abortion care |
Where can post abortion care services be provided |
Contraception included in post-abortion care |
Insurance to offset end user costs |
Who can provide abortion services |
Extra facility/provider requirements for delivery of abortion services |
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Spain |
National guidelines for induced abortionYes, guidelines issued by the government Related documents:WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. National standards and guidelines for abortion care should be evidence based and periodically updated and should provide the necessary guidance to achieve equal access to comprehensive abortion care. Leadership should also promote evidence-based SRH services according to these standards and guidelines. Abortion Care Guideline § 1.3.3.
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Methods allowedVacuum aspirationYes (6-14 WEEKS) Dilatation and evacuationNot specified Combination mifepristone-misoprostolYes (Up to 9 WEEKS) Misoprostol onlyNot specified Other (where provided)WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Vacuum aspiration is recommended for surgical abortions at or under 14 weeks to be provided by traditional and complementary medicine professionals, nurses, midwives, associate/advanced associate clinicians, generalist medical practitioners and specialist medical practitioners.
Dilation and evacuation (D&E) is recommended for surgical abortions at or over 14 weeks to be provided by generalist medical practitioners and specialist medical practitioners. Vacuum aspiration can be used during a D&E. Abortion Care Guideline § 3.4.1.
The recommended method for medical abortion is mifepristone followed by misoprostol (regimen differs by gestational age). Abortion Care Guideline § 3.4.2.
The Abortion Care Guideline recommends the use of misoprostol alone, with a regime that differs by gestational age. Evidence demonstrates that the use of combination mifepristone plus misoprostol is more effective than misoprostol alone. Abortion Care Guideline § 3.4.2.
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Country recognized approval (mifepristone / mife-misoprostol)Yes Pharmacy selling or distributionNo Mifepristone should be dispensed in the medical office to facilitate its administration and follow-up of its therapeutic regimen. A prescription is required. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Mifepristone and misoprostol should be listed in relevant national EMLs (NEMLs) or their equivalent and should be included in the relevant clinical care/service delivery guidelines.
Mifepristone and misoprostol should be listed in relevant national EMLs (NEMLs) or their equivalent and should be included in the relevant clinical care/service delivery guidelines.
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Country recognized approval (misoprostol)Yes, indications not specified Misoprostol allowed to be sold or distributed by pharmacies or drug storesNo Must be dispensed by a pharmacy within a hispital. It is not specified whether a prescription is required. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Mifepristone and misoprostol should be listed in relevant national EMLs (NEMLs) or their equivalent and should be included in the relevant clinical care/service delivery guidelines.
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Where can abortion services be providedPrimary health-care centresYes Secondary (district-level) health-care facilitiesNot specified Specialized abortion care public facilitiesNot specified Private health-care centres or clinicsYes NGO health-care centres or clinicsNot specified Other (if applicable)Abortion is to be provided in public hospitals that fulfil the legal requirements established in the Annex of the Quality of Care Guidelines or in private hospitals that, fulfilling the same requirements, obtain an authorisation from a local authority. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where it is lawful, abortion must be accessible in practice. This requires both ensuring that health-care facilities, commodities and services are accessible (including sufficient providers), and that law and policy on abortion is formulated, interpreted and applied in a way that is compatible with human rights. Abortion Care Guideline § 1.3.1.
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National guidelines for post-abortion careYes, guidelines issued by the government WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. National standards and guidelines for abortion care should be evidence based and periodically updated and should provide the necessary guidance to achieve equal access to comprehensive abortion care. Leadership should also promote evidence-based SRH services according to these standards and guidelines. Abortion Care Guideline § 1.3.3.
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Where can post abortion care services be providedPrimary health-care centresYes Secondary (district-level) health-care facilitiesNot specified Specialized abortion care public facilitiesNot specified Private health-care centres or clinicsYes NGO health-care centres or clinicsNot specified Other (if applicable)Abortion is to be provided in public hospitals that fulfill the legal requirements established in the Annex of the Quality of Care Guidelines or in private hospitals that, fulfilling the same requirements, obtain an authorisation from a local authority. The Common Guide for the National Health System on Medical Abortion suggests that "immediate attention must be provided in the same center where the intervention is performed, and the subsequent accompaniment must be coordinated with the specialized center where the process started." WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends the option of telemedicine as an alternative to in-person interactions with the health worker to deliver medical abortion services in whole or in part. Telemedicine services should include referrals (based on the woman’s location) for medicines (abortion and pain control medicines), any abortion care or post-abortion follow-up required (including for emergency care if needed), and for post-abortion contraceptive services. Abortion Care Guideline § 3.6.1.
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Contraception included in post-abortion careYes WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. All contraceptive options may be considered after an abortion. For individuals undergoing surgical abortion and wishing to use contraception, Abortion Care Guideline recommends the option of initiating the contraception at the time of surgical abortion. For individuals undergoing medical abortion, for those who choose to use hormonal contraception, the Abortion Care Guideline suggests that they be given the option of starting hormonal contraception immediately after the first pill of the medical abortion regimen. For those who choose to have an IUD inserted, Abortion Care Guideline suggests IUD placement at the time that success of the abortion procedure is determined. Abortion Care Guideline § 3.5.4.
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Insurance to offset end user costsYes Related documents:Induced abortion for all womenYes Induced abortion for poor women onlyNo Abortion complicationsNot specified Private health coverageNot specified Other (if applicable)
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where user fees are charged for abortion, this should be based on careful consideration of ability to pay, and fee waivers should be available for those who are facing financial hardship and adolescent abortion seekers. As far as possible, abortion services and supplies should be mandated for coverage under insurance plans as inability to pay is not an acceptable reason to deny or delay abortion care. Furthermore, having transparent procedures in all health-care facilities can ensure that informal charges are not imposed by staff. Abortion Care Guideline § 1.4.2.
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Who can provide abortion servicesNurseNot specified Midwife/nurse-midwifeNot specified Doctor (specialty not specified)Not specified Specialist doctor, including OB/GYNYes Abortion is to be provided directly by a specialist or under their direction. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends against regulation on who can provide and manage abortion that is inconsistent with WHO guidance. Abortion Care Guideline § 3.3.8.
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Extra facility/provider requirements for delivery of abortion servicesReferral linkages to a higher-level facilityNot specified Availability of a specialist doctor, including OB/GYNYes Minimum number of bedsNot specified Other (if applicable)Facilities are required to have: - a reception area and waiting room - a room to provide information to pregnant women - space for physical and ultrasound examination - Zone for surgical cleaning - a room suitable for voluntary abortion - a rest and recovery room - equipment necessary to perform gynecological examinations material. - equipment to perform abortion - ultrasound - heart monitoring equipment - ventilator/ventilation system - defibrillator and cardiopulmonary resuscitation equipment - systems that enable the administration of oxygen - electrical system maintenance For high-risk pregnancy abortions or abortions after 14 weeks, the following requirements also apply: - equipment to perform abortion under whichever method of anaesthesia ("bajo cualquier modalidad de anesthesia") - electrocardiograph - intubation equipment - obstetric and gynecology unit - blood bank or depository Nurse and hospital units concerned. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. There is no single recommended approach to providing abortion services. The choice of specific health worker(s) (from among the recommended options) or management by the individual themself, and the location of service provision (from among recommended options) will depend on the values and preferences of the woman, girl or other pregnant person, available resources, and the national and local context. A plurality of service-delivery approaches can co-exist within any given context. Given that service-delivery approaches can be diverse, it is important to ensure that for the individual seeking care, the range of service-delivery options taken together will provide access to scientifically accurate, understandable information at all stages; access to quality-assured medicines (including those for pain management); back-up referral support if desired or needed; linkages to an appropriate choice of contraceptive services for those who want post-abortion contraception. Best Practice Statement 49 on service delivery. Abortion Care Guideline § 3.6.1.
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| Country | Public sector providers |
Private sector providers |
Provider type not specified |
Neither Type of Provider Permitted |
Public facilities |
Private facilities |
Facility type not specified |
Neither Type of Facility Permitted |
|---|---|---|---|---|---|---|---|---|
Spain |
Public sector providersIndividual health-care providers who have objected are required to refer the woman to another providerNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Health professionals directly involved in the voluntary interruption of pregnancy will have the right to exercise conscientious objection without the access and quality of care of the provision being undermined by the exercise of conscientious objection. Rejection or refusal to carry out the intervention of interruption of pregnancy for reasons of conscience is always an individual decision of the health personnel directly involved in carrying out the voluntary interruption of pregnancy, which must be stated in advance and in writing. In any case, health professionals will provide appropriate treatment and medical attention to women who need it before and after having undergone a pregnancy termination intervention. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends that access to and continuity of comprehensive abortion care be protected against barriers created by conscientious objection. It is critical that States ensure compliance with regulations and design/organize health systems to ensure access to and continuity of quality abortion care. If it proves impossible to regulate conscientious objection in a way that respects, protects and fulfils abortion seekers’ rights, conscientious objection in abortion provision may become indefensible. Abortion Care Guideline § 3.3.9.
Additional notesRefusal is only permitted with prior notice. |
Private sector providersIndividual health-care providers who have objected are required to refer the woman to another providerNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Health professionals directly involved in the voluntary interruption of pregnancy will have the right to exercise conscientious objection without the access and quality of care of the provision being undermined by the exercise of conscientious objection. Rejection or refusal to carry out the intervention of interruption of pregnancy for reasons of conscience is always an individual decision of the health personnel directly involved in carrying out the voluntary interruption of pregnancy, which must be stated in advance and in writing. In any case, health professionals will provide appropriate treatment and medical attention to women who need it before and after having undergone a pregnancy termination intervention. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends that access to and continuity of comprehensive abortion care be protected against barriers created by conscientious objection. It is critical that States ensure compliance with regulations and design/organize health systems to ensure access to and continuity of quality abortion care. If it proves impossible to regulate conscientious objection in a way that respects, protects and fulfils abortion seekers’ rights, conscientious objection in abortion provision may become indefensible. Abortion Care Guideline § 3.3.9.
Additional notesRefusal is only permitted with prior notice. |
Provider type not specifiedYes Individual health-care providers who have objected are required to refer the woman to another providerNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Health professionals directly involved in the voluntary interruption of pregnancy will have the right to exercise conscientious objection without the access and quality of care of the provision being undermined by the exercise of conscientious objection. Rejection or refusal to carry out the intervention of interruption of pregnancy for reasons of conscience is always an individual decision of the health personnel directly involved in carrying out the voluntary interruption of pregnancy, which must be stated in advance and in writing. In any case, health professionals will provide appropriate treatment and medical attention to women who need it before and after having undergone a pregnancy termination intervention. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends that access to and continuity of comprehensive abortion care be protected against barriers created by conscientious objection. It is critical that States ensure compliance with regulations and design/organize health systems to ensure access to and continuity of quality abortion care. If it proves impossible to regulate conscientious objection in a way that respects, protects and fulfils abortion seekers’ rights, conscientious objection in abortion provision may become indefensible. Abortion Care Guideline § 3.3.9.
Additional notesRefusal is only permitted with prior notice. |
Neither Type of Provider PermittedIndividual health-care providers who have objected are required to refer the woman to another providerNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Health professionals directly involved in the voluntary interruption of pregnancy will have the right to exercise conscientious objection without the access and quality of care of the provision being undermined by the exercise of conscientious objection. Rejection or refusal to carry out the intervention of interruption of pregnancy for reasons of conscience is always an individual decision of the health personnel directly involved in carrying out the voluntary interruption of pregnancy, which must be stated in advance and in writing. In any case, health professionals will provide appropriate treatment and medical attention to women who need it before and after having undergone a pregnancy termination intervention. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends that access to and continuity of comprehensive abortion care be protected against barriers created by conscientious objection. It is critical that States ensure compliance with regulations and design/organize health systems to ensure access to and continuity of quality abortion care. If it proves impossible to regulate conscientious objection in a way that respects, protects and fulfils abortion seekers’ rights, conscientious objection in abortion provision may become indefensible. Abortion Care Guideline § 3.3.9.
Additional notesRefusal is only permitted with prior notice. |
Public facilitiesNo WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where it is lawful, abortion must be accessible in practice. This requires both ensuring that health-care facilities, commodities and services are accessible (including sufficient providers), and that law and policy on abortion is formulated, interpreted and applied in a way that is compatible with human rights. Abortion Care Guideline § 1.3.1.
Additional notesRefusal to perform the intervention for termination of pregnancy for reasons of conscience is always an individual decision of the healthcare personnel. |
Private facilitiesNo WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where it is lawful, abortion must be accessible in practice. This requires both ensuring that health-care facilities, commodities and services are accessible (including sufficient providers), and that law and policy on abortion is formulated, interpreted and applied in a way that is compatible with human rights. Abortion Care Guideline § 1.3.1.
Additional notesRefusal to perform the intervention for termination of pregnancy for reasons of conscience is always an individual decision of the healthcare personnel. |
Facility type not specifiedNo WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where it is lawful, abortion must be accessible in practice. This requires both ensuring that health-care facilities, commodities and services are accessible (including sufficient providers), and that law and policy on abortion is formulated, interpreted and applied in a way that is compatible with human rights. Abortion Care Guideline § 1.3.1.
Additional notesRefusal to perform the intervention for termination of pregnancy for reasons of conscience is always an individual decision of the healthcare personnel. |
Neither Type of Facility PermittedYes WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where it is lawful, abortion must be accessible in practice. This requires both ensuring that health-care facilities, commodities and services are accessible (including sufficient providers), and that law and policy on abortion is formulated, interpreted and applied in a way that is compatible with human rights. Abortion Care Guideline § 1.3.1.
Additional notesRefusal to perform the intervention for termination of pregnancy for reasons of conscience is always an individual decision of the healthcare personnel. |
Concluding Observations issued by respective treaty bodies and selected extracts related to abortion.
| Country | CAT |
CEDAW |
CERD |
CESCR |
CRC |
CRPD |
HRC |
IE HAIT |
SR HEALTH |
SR TORTURE |
SR VAW |
WG-DWLP |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
Spain |
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CEDAW“30. The Committee is concerned: [….] (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; [….] 31. The Committee, recalling article 12 of the Convention and its general recommendation No. 24 on women and health, recommends that the State party:[….] (b) Ensure that the bill on the right to abortion for girls between 16 and 18 years of age is not adopted;”
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CESCR"The Committee remains concerned at the difficulties faced by women in accessing sexual and reproductive health information and services, including voluntary termination of pregnancy and emergency contraception, owing to such factors as the negative impact of Royal Decree-Law No. 16/2012 and the lack of an effective mechanism to ensure access to abortion in cases where physicians or other medical staff choose to exercise conscientious objection. The Committee is also concerned that Organic Law No. 11/2015 limits access to abortion for girls between the ages of 16 and 18 and women with disabilities by requiring the express consent of their legal representative (art. 12). Based on its previous recommendation (E/C.12/ESP/CO/5, para. 24), the Committee urges the State party to: (a) Ensure, in practice, the accessibility and availability of sexual and reproductive health services for all women and adolescents, giving due consideration to disparities between autonomous communities; (b) Establish an appropriate mechanism to ensure that women ’ s access to sexual and reproductive health services, in particular voluntary termination of pregnancy, is not, in practice, impeded by the exercise of conscientious objection; (...) (d) Consider removing the requirement for adolescent girls between the ages of 16 and 18 and women with limited legal capacity to obtain the express consent of their legal representative in order to access voluntary termination of pregnancy; (...)"
“The Committee notes with concern the difficulties that women may encounter, depending on their place of residence, in obtaining an abortion under Organic Act No. 2/2010 of 3 March 2010. The Committee is also concerned that, in the majority of autonomous communities, bureaucratic and time constraints force many women to resort to private clinics (arts. 12 and 10). The Committee recommends that the State party guarantee the full application of Organic Act No. 2/2010 of 3 March 2010 in all parts of Spain. To that end, the Committee recommends that the State party adopt a basic procedure common to all the autonomous communities in order to guarantee equitable access to elective abortions; ensure that the exercise of conscientious objections by physicians or other members of the health profession does not pose an obstacle for women who wish to terminate a pregnancy; and pay special attention to the situation of adolescent and migrant women.”
“The Committee is concerned about the high abortion rate among adolescent women between 15 and 19 (13.89 per cent in 2001). (…) The Committee recommends that the State party monitor closely the incidence of abortions among adolescent women and adopt necessary measures, legislative or otherwise, to address this problem, including by intensifying specific programmes on sexual and reproductive health among adolescent women, and provide information on this subject of concern in its next periodic report.”
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CRPD“The Committee is deeply concerned that women and girls with disabilities continue to be subjected to forced sterilization and abortion. It is also concerned that medical treatment without the free and informed consent of the person concerned is practised in the State party. [….] The Committee reiterates the recommendation made in its previous concluding observations (CRPD/C/ESP/CO/1, para. 38) and urges the State party to repeal article 156 of Organic Act No. 10/1995 to fully abolish the administration of sterilization, medical treatment and research on all persons with disabilities without the full and informed consent of the person concerned.”
“The Committee takes note of Act 2/2010 of 3 March 2010 on sexual and reproductive health, which decriminalizes voluntary termination of pregnancy, allows pregnancy to be terminated up to 14 weeks and includes two specific cases in which the time limits for abortion are extended if the foetus has a disability: until 22 weeks of gestation, provided there is “a risk of serious anomalies in the foetus”, and beyond week 22 when, inter alia, “an extremely serious and incurable illness is detected in the foetus”. The Committee also notes the explanations provided by the State party for maintaining this distinction.”
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Country specific information regarding abortion related penalties. Information regarding penalties has been presented in English only; this information is not based on an official translation. Please review the source documents provided.
| Country | Penalties deconstructed |
Penalties for woman |
Penalties for provider |
Penalties for person who assists |
Secondary additional considerations/judicial discretion |
Penalties for non-consensual abortion and or negligence |
|---|---|---|---|---|---|---|
Spain |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesArtcle 145 (…) 2. The woman who causes herself an abortion or allows another person to cause it, outside the cases allowed by Law, shall be punished with a fine from six to twenty- four months. 3. In all cases, the Judge or Court of Law shall impose the penalties respectively foreseen in this Article in the upper half when perpetrated after the twenty- second week of gestation. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. WHO Abortion Care Guideline, p 62.
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PenaltiesWhoever perpetrates an abortion on a woman, with her consent, outside the cases allowed by Law shall be punished with a sentence of imprisonment from one to three years and special barring from practising any health profession and from providing services of any kind at public or private gynaecological clinics, institutions or surgeries, for a term of one to six years. The Judge may hand down the sentence in its higher half when the acts described in this Section are perpetrated outside an authorised public or private centre or institution. Article 145 bis. 1. Will be punished with a fine of six to twelve months and special disqualification to provide services of any kind in clinics, establishments or gynecological offices, public or private, for a period of six months to two years, whichever in the cases contemplated in the law, perform an abortion: a) Without having the previous mandatory opinions; b) Outside an accredited public or private center or establishment. In this case, the judge may impose the penalty in its upper half. 2. In any case, the judge or court will impose the penalties provided for in this article in its upper half when the abortion has been performed after the twenty-second week of gestation. 3. The pregnant woman will not be punished under this precept. Article 146 Whoever causes an abortion due to serious negligence shall be punished with a sentence of imprisonment of three to five months, or a fine from six to ten months. When an abortion is perpetrated due to professional negligence, the punishment of special barring from practising the profession trade or holding office shall also be imposed for a term from one to three years. The pregnant woman shall not be penalised under this provision. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. WHO Abortion Care Guideline, p 62.
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PenaltiesWhoever perpetrates an abortion on a woman, with her consent, outside the cases allowed by Law shall be punished with a sentence of imprisonment from one to three years and special barring from practising any health profession and from providing services of any kind at public or private gynaecological clinics, institutions or surgeries, for a term of one to six years. The Judge may hand down the sentence in its higher half when the acts described in this Section are perpetrated outside an authorised public or private centre or institution. Article 145 bis 1. Punishment with a fine from six to twelve months and special barring from providing services of any kind at public or private gynaecological clinics, institutions or surgeries shall be applied, for a term of six months to two years, to whoever, within the cases admitted by the Law, perpetrates an abortion: a) Without having verified that the woman has received prior information on the rights, public subsidies and aid to support maternity; b) Without the waiting period established in the legislation having elapsed; c) Without having obtained the required prior reports; d) Outside an authorised public or private centre or institution. In this case, the judge may impose the punishment in its upper half. 2. In all cases, the Judge or Court of Law shall impose the penalties foreseen in this Article in the upper half, when the abortion is perpetrated as of the twenty- second week of gestation. 48 3. The pregnant woman shall not be penalised under this provision. Article 146 Whoever causes an abortion due to serious negligence shall be punished with a sentence of imprisonment of three to five months, or a fine from six to ten months. When an abortion is perpetrated due to professional negligence, the punishment of special barring from practising the profession trade or holding office shall also be imposed for a term from one to three years. The pregnant woman shall not be penalised under this provision. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. WHO Abortion Care Guideline, p 62.
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PenaltiesNone found |
PenaltiesWhoever perpetrates an abortion on a woman without her consent shall be punished with a sentence of imprisonment from four to eight years and special barring from practising any health profession or from providing services of any kind at public or private gynaecological clinics, institutions or surgeries, for a term of three to ten years. The same penalties shall be applied to whoever perpetrates an abortion having obtained the consent by the woman through violence, intimidation or deceit. Whoever causes an abortion due to gross negligence shall be punished with a prison sentence of three to five months or a fine of six to 10 months. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. WHO Abortion Care Guideline, p 62.
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