La relevancia justificante del consentimiento de las menores de edad en el nuevo sistema de aborto no punible (Ley Orgánica 2/2010, de 3 de marzo)1

Abstract

Abortion is a Criminal offence under the Spanish Criminal Code of 1995. On 24 February 2010, The Spanish Senate passed a new Law that eases restrictions on Abortion. The new Law allows the procedure without any restrictions up to 14 weeks and declares some underage girls competent to consent abortions by themselves, although minors must inform their parents or legal guardian if they plan to undergo an abortion. However they do not need their permission. The requirement can be bypassed if minors show that informing a parent or guardian would cause expose them to violence within their family, threats or coercion. In this Article, we analyze this element, which has probably been the bill’s most controversial issue.