Last week, the Council of Ministers authorized the urgent administrative processing of the draft royal decree that regulates information prior to consent in the voluntary interruption of pregnancy (IVE) and the clinical committee that intervenes in the event of medical causes. The text is promoted by the portfolio of Ana Redondo, but requires the Department of Health because the provision of abortion is part of the portfolio of common services of the National Health System (SNS).
Today the ministry led by Mónica García will collect contributions from the autonomous communities through a "singular" Interterritorial Council. This is a meeting via email: Last Wednesday, Health sent the draft of the text (to which EL MUNDO has had access) along with other working documents, to the autonomies and they must send their contributions to it. Afterwards, they will be taken into account and will be added or not to the rule that is sent back to the Executive plenary session, awaiting the green light as soon as possible.
Communities have until 2 p.m. today to send their suggestions and comments. Before sending the text to another administrative body, it will be submitted for approval at the next Interterritorial meeting; The next one marked on the agenda would be October 23. Health defends that the email modality is possible thanks to the application of article 17.1 of Law 40/2015, of October 1, on the Legal Regime of the Public Sector.
This is a royal decree proposed by the Equality portfolio, which could be published in the BOE as a joint proposal of the two ministers before the elections on November 29. From Equality they state that it is about "adapting the regulatory development and establishing a legal framework that ensures that all women who exercise their right to voluntary interruption of pregnancy receive, regardless of the territory in which they live, truthful, clear, objective, accessible and appropriate information to the current legal regime, as a necessary presupposition to make a free and informed decision." On the other hand, "it seeks to provide legal security to the operation of the clinical committees", in accordance with Law 1/2023 promulgated with Irene Montero as minister, which modified the 2010 abortion law of the Government of José Luis Rodríguez Zapatero.
What does the royal decree that will regulate information on abortion requests contain?
These are new processes that affect health administrations, accredited public and private centers and health personnel, hence the involvement of García's ministry. The rule will also have repercussions on trans people with the capacity to gestate.
The new RD puts on the table the two types of information that must be provided, one mandatory and the other voluntary. Regarding the first, it makes it clear that it must be provided before consent, in all cases and regardless of the weeks of gestation, and include legal assumptions, surgical and pharmacological methods, accredited centers, procedures and coverage, women's rights and consultation or complaint channels. The methods should be explained without establishing preference or priority between them, except for clinical reasons. In abortion processes for medical reasons after 14 weeks, the different possible procedures must be informed. It can also be offered verbally, if the woman requests it.
Regarding voluntary information, the text makes it clear that information about public aid, labor rights or contraceptive resources can only be reported if the woman expressly requests it and never as a prerequisite for having an abortion.
There is also mention of specific groups, such as those under 16 years of age. In this case, it is established that the information will be given directly to the minor, with privacy and adapted to her maturity. If you are homeless, the public entity that has guardianship is also informed. In the case of foreign women, a health interpreter will be provided if they do not speak Spanish. And in cases of disability, accessible formats and optional support measures are noted. Pressure or interference from family members, caregivers or professionals in decisions is prohibited.
On the other hand, the guidelines are set for the creation and composition of the Clinical Committees that must be involved in this type of process. And remember that they only carry out a medical evaluation and that the final decision on the intervention always corresponds to the woman. There will be at least one per CCAA, made up of two specialists in gynecology/obstetrics or prenatal diagnosis and a pediatrician. The need for parity in the presence of women and men is argued. The woman can choose one of the specialists.
Regarding objectors, it establishes that those who are registered in the registry or have been in the previous three years cannot be part of these committees. Verification is individual, without general access to the registry.
