Pedro Sánchez reactivates his plan to introduce abortion into the Spanish Constitution and to do so, moreover, through the procedure that avoids the dissolution of the Cortes. The Government has approved the preliminary draft reform of article 43 of the Magna Carta to expressly recognize the “right to voluntary interruption of pregnancy”, opting for the path that does not require calling elections.
As El Debate has reported, the Executive chooses article 43—dedicated to health protection—instead of article 15, where fundamental rights are regulated. The difference is not minor: modifying article 15 would imply activating the aggravated procedure of article 168, which requires dissolving Parliament and submitting the reform to general elections. Article 43 allows for a simpler processing, by a three-fifths majority in both Chambers.
The Government itself acknowledges in the project’s memorandum that this option is justified by the “greater simplicity and speed” of the procedure.
What the new text says
The reform would add a fourth paragraph to article 43 with the following content:
“The right of women to voluntary interruption of pregnancy is recognized. The exercise of this right, in any case, will be guaranteed by the public authorities ensuring its provision under conditions of effective equality, as well as the protection of women’s fundamental rights”.
If approved, abortion would be constitutionalized as an expressly recognized right, obliging public authorities to guarantee its provision.
The precedent of October 2025
This is not an improvised initiative. In October 2025, Sánchez already publicly announced his intention to enshrine abortion in the Constitution. At that time, he presented the measure as a way to “safeguard” this right against possible future legislative changes.
Read also: Sánchez wants to enshrine abortion in the Constitution
The announcement took place in a context of strong political polarization, and the Government used it to confront the opposition by reinforcing its ideological profile on social rights issues. The strategy did not prosper at that time, but now the Executive resumes the plan with a more defined legal formulation and the deliberate choice of the least demanding procedure.
The reproach from the Council of State
According to El Debate, the Council of State has issued two opinions on the matter, one prepared by Miguel Herrero y Rodríguez de Miñón and another by María Luisa Carcedo. Both agree that, if the aim is to constitutionalize abortion, it should be done through article 15 and not 43.
In addition, they warn that it is not appropriate to address a reform of this magnitude by prioritizing political opportunity or procedural speed criteria. Even from positions favorable to abortion, the method chosen by the Executive is questioned.
Birth rate at lows, constitutional abortion and regularization of migrants
Spain is going through an unprecedented demographic crisis. The birth rate is among the lowest in Europe and population aging is advancing rapidly. In this context, the Government promotes a reform to elevate to constitutional rank the legal elimination of the unborn.
In parallel, the Executive has promoted massive regularization policies for immigrants as a mechanism to sustain the population replacement rate. The scheme is evident: sustained decline in internal birth rates, constitutionalization of abortion, and demographic compensation through structural immigration.