De delito a derechoel declive de la protección jurídica de la vida

Abstract

The new regulation of abortion as a right implies a decisive step in the decline of the legal protection of life in Spanish law. The current regulation embodied in the Organic Law 2 / 2010 called the Law of sexual and reproductive health and abortion is a radical change in Spanish law on this matter. What was a passing offense now become a right: there is no greater or more radical change, the voluntary death of embryonic child can be perpetrated for the benefit of the free development of personality of the mother, or the right to privacy or their ideological freedom. The abortion is configured as a right and also as one that overrides the right to conscientious objection.The new law of the unborn life is unprotected, at the mercy of the arbitrariness of the pregnant woman.The new regulation violates the text of Article 15 of the Constitution and is inconsistent with the constitutional jurisprudence on the matter. The issue of respect of human life can not ignore its intrinsic and pure legal logic: if there is a right to life, there can be no right to end it.