Abortion: from a crime to a constitutional right? The Spanish case in comparative perspective (1984–2024)

The regulation of abortion as a crime has notably changed over the last four decades, from being a prosecuted and criminally punished conduct to being considered a ‘constitutional right’ in the USA (from 1973 to 2022), Spain (from 2023) and France (2024). The aim of this article is to study such a s...

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Main Author: Aniceto Masferrer
Format: Article
Language:English
Published: Taylor & Francis Group 2025-01-01
Series:Church, Communication and Culture
Subjects:
Online Access:https://www.tandfonline.com/doi/10.1080/23753234.2025.2473107
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author Aniceto Masferrer
author_facet Aniceto Masferrer
author_sort Aniceto Masferrer
collection DOAJ
description The regulation of abortion as a crime has notably changed over the last four decades, from being a prosecuted and criminally punished conduct to being considered a ‘constitutional right’ in the USA (from 1973 to 2022), Spain (from 2023) and France (2024). The aim of this article is to study such a surprising transition, looking at the Spanish case from a comparative and historical perspective, and to make some proposals to safeguard the fundamental rights of every human being without presenting abortion as the only possible solution to the dilemma or conflict of rights between the pregnant woman and the unborn child.
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spelling doaj-art-268798e89f794ef9ab248d9df64525082025-08-20T02:29:38ZengTaylor & Francis GroupChurch, Communication and Culture2375-32342375-32422025-01-01101194410.1080/23753234.2025.2473107Abortion: from a crime to a constitutional right? The Spanish case in comparative perspective (1984–2024)Aniceto Masferrer0Law School, University of Valencia, Valencia, SpainThe regulation of abortion as a crime has notably changed over the last four decades, from being a prosecuted and criminally punished conduct to being considered a ‘constitutional right’ in the USA (from 1973 to 2022), Spain (from 2023) and France (2024). The aim of this article is to study such a surprising transition, looking at the Spanish case from a comparative and historical perspective, and to make some proposals to safeguard the fundamental rights of every human being without presenting abortion as the only possible solution to the dilemma or conflict of rights between the pregnant woman and the unborn child.https://www.tandfonline.com/doi/10.1080/23753234.2025.2473107Western criminal law traditionabortioncrimehuman rights
spellingShingle Aniceto Masferrer
Abortion: from a crime to a constitutional right? The Spanish case in comparative perspective (1984–2024)
Church, Communication and Culture
Western criminal law tradition
abortion
crime
human rights
title Abortion: from a crime to a constitutional right? The Spanish case in comparative perspective (1984–2024)
title_full Abortion: from a crime to a constitutional right? The Spanish case in comparative perspective (1984–2024)
title_fullStr Abortion: from a crime to a constitutional right? The Spanish case in comparative perspective (1984–2024)
title_full_unstemmed Abortion: from a crime to a constitutional right? The Spanish case in comparative perspective (1984–2024)
title_short Abortion: from a crime to a constitutional right? The Spanish case in comparative perspective (1984–2024)
title_sort abortion from a crime to a constitutional right the spanish case in comparative perspective 1984 2024
topic Western criminal law tradition
abortion
crime
human rights
url https://www.tandfonline.com/doi/10.1080/23753234.2025.2473107
work_keys_str_mv AT anicetomasferrer abortionfromacrimetoaconstitutionalrightthespanishcaseincomparativeperspective19842024