The “woman‘s right to self-determination with respect to the termination of pregnancy” in Constitutional Court ruling 44/2023 of may 9

Abstract

Constitutional Court Ruling 44/2023 of May 9, 2023 (plenary – but not unanimous) is controversial in form and substance.

In essence it creates ex novo a fundamental right to self-determination of women in the termination of pregnancy (right to abortion).

It is based on an evolutionary interpretation of the Constitution and the freedom and physical and moral integrity of the woman and enshrines the time limit system (free abortion up to fourteen weeks and in special cases thereafter).

The numerous dissenting opinions do not agree because the creation of this new right is not technically correct if the Constitution is not modified and the protection of the life of the unborn child is insufficient compared to the freedom of the woman, breaking the balance of the weighing of interests maintained by the jurisprudence since the important 1985 ruling.

It also analyzes the European international jurisprudence and the regulations of some countries, in order to situate the Spanish case.