Abortion: the Constitutional Court of Spain misrepresents the Spanish Constitution

@ElentirENG ES 5·09·2023 · 18:22 0

The Constitutional Court (TC) of Spain, controlled by the left, has today perpetrated an embarrassing and pamphleteering sentence in favor of abortion.

Constitutional Court: the Popular Party gave the key to power in Spain to the socialists until 2031
Abortion: the Spanish Constitutional Court skips its own jurisprudence to please the socialists

The TC, controlled by the left, invents something that the Constitution does not say

The sentence was announced by the TC on its Twitter account at 3:28 p.m. (UTC+2), and comes to resolve, 13 years late, the appeal filed by the Popular Party against the 2010 abortion law, promoted by the PSOE. The title of the TC's press release on the sentence states: "The Plenary of the TC affirms that the Constitution recognizes women's right to freely decide on the continuation of the pregnancy within the first fourteen weeks of gestation."

Given this statement, anyone who has read the Spanish Constitution will realize the lie: the Constitution it does not say that in any of its articles. In fact, its text does not mention pregnancy or abortion anywhere. In its informative note regarding the sentence, the court dismissed all the objections to the appeal to that law but does not explain at any time in which article of the Constitution this alleged right is recognized. This is how the note explains the decision of the court:

"The Court considers that the system of terms is in accordance with the Constitution insofar as it recognizes pregnant women the reasonable scope of self-determination that the effectiveness of their fundamental right to physical and moral integrity requires, in connection with their right to dignity and free development of their personality."

A misrepresentation of the Constitution to obviate the right to life

From the previous text it can be deduced that the leftist majority of the TC would be appealing to Article 15 of the Constitution, but does not cite it for obvious reasons. To realize these reasons, just read what that article says:

"Everyone has the rigt to life and to physical and moral integrity, and may under no circumstances be subjected to torture or to inhuman or degrading punishment or treatment. The death penalty is hereby abolished, except as provided by military criminal law in times of war."

In this way, the leftist majority of the TC obviates that "right to life" to affirm a non-existent right to end a human life, and it does so by appealing -without even bothering to cite it- to an article Constitution that expressly affirms the right to life. We are facing a clear misrepresentation of the Constitution, before a falsification of its text to adjust it, with hammer blows, to the dogmas of the left.

The four dissenting magistrates accuse the TC of exceeding its powers

That pamphleteering sentence has provoked a harsh complaint from the four magistrates of the TC who have voted against it. According to the aforementioned informative note, Enrique Arnaldo Alcubilla, Ricardo Enríquez Sancho, César Tolosa Tribiño and Concepción Espejel Jorquera have issued dissenting opinions stating that the sentence "seriously exceeds the scope and limits of the jurisdictional control that corresponds to the Court."

The four magistrates also denounced that this sentence "exceeding the scope and limits of the constitutionality control that corresponds to this Court, comes to recognize a new constitutional right, which they call the "right of women to self-determination regarding the interruption of pregnancy", anchored in article 15 CE, in relation to article 10.1 CE. With this, the sentence is outside the margins of constitutionality control that this Court correspond, since recognizing new fundamental rights is a power of the constituent power, not of the constituted powers and, therefore, it is not a power of the Constitutional Court."

The four magistrates denounce that the TC ignores its own doctrine

Likewise, the four dissenting magistrates denounced that "the sentence hides behind a misunderstood "evolutionary interpretation" to unjustifiably avoid dialogue with STC 53/1985", and does so "ignoring" the judgment itself. TC doctrine, indicated in that 1985 ruling, which stated that "since the unborn child is a legal right constitutionally protected by article 15 CE, the State has the obligation to establish a legal system for the defense of life, which, given the fundamental nature of life, can also include as a last guarantee the punishment of those conducts contrary to its preservation through criminal regulations."

On the other hand, Judge Concepción Espejel denounces "the composition of the Tribunal that resolved the appeal for lack of the due appearance of impartiality, derived from the fact that several of its members, including is found, public office in exercise of which they formed criteria on the issues that have been the subject of resolution with loss of impartiality, reason for which he raised his abstention, which was rejected by the Court."

The sentence establishes a total lack of protection of prenatal life

Espejel also denounces that the sentence establishes an "omission of any protection of the unborn child", and that the regulation that approves "leaves the interruption to the exclusive discretion of the woman of pregnancy in the first 14 weeks with total lack of protection of human life in formation, which is a constitutionally protected good, as declared by STC 53/1985."

One more episode of the left's assault on the rule of law

With this ruling, the left, which has already bypassed judicial independence to take over the Constitutional Court and impose its ideology disguised as constitutional jurisprudence, now distorts legality even more, invading powers that do not correspond to that court, misrepresenting the Constitution and degrading the rule of law.

However, it should be noted that the left is not the only one responsible for this parody of Justice that the TC has become: the Popular Party gave the key to the TC to the left until 2031, by dividing up the magistrates of that court with her as if they were cards, thus helping the left to trample on judicial independence. Now we see the consequences.

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Photo: Efe.