The reform of the Constitution to "shield" abortion in the Constitution faces its first test today. The Government's bill faces its debate of totality in the Plenary of Congress with amendments for return from PP and Vox. A priori, the Executive has the necessary votes from its partners for the initiative to begin its parliamentary processing, however, the possibilities of it reaching the BOE are nil.
The Government has opted to "shield" the right to abortion interruption via modification of article 43.3 of the Magna Carta. That is to say, it advocates for an ordinary constitutional reform procedure that requires three fifths of each Chamber or a two-thirds majority of the Congress and an absolute majority in the Senate. Numbers impossible to reach without the support of the PP. It is no coincidence that the four reforms the Constitution has accumulated, two of them in this legislature, have stemmed from a consensus between the bipartisanship.
Step by step
The Executive promotes this reform with the objective of guaranteeing the right to voluntary interruption of pregnancy on equal terms "throughout the national territory with all the benefits and services that are necessary". They argue that only 20% of voluntary abortions are performed in the public system and a huge disparity has been detected between territories. While in Autonomous Communities such as Cantabria or Galicia, this figure is close to 60%, in other territories such as Madrid or Andalusia, it does not reach 1%, according to the Minister of Equality, Ana Redondo.
Although the PNV has claimed that this proposal should not be used for electoral purposes, its spokesperson, Maribel Vaquero, also warned of the danger of questioning the right to abortion. For its part, Junts has not presented a total amendment, as it predicted it would do with all the Executive's projects. Sources close to the Government confirm to Demócrata that they do not doubt that the initiative will be taken into consideration.
In a dead end
Once the procedure of this Thursday is overcome, the project would land in the Constitutional Commission where partial amendments would be debated. The text agreed upon in committee would presumably be approved by the same groups that are going to allow its consideration. Afterwards, the proposal would return to the Plenary Session of the Lower House, however, at this point, the sum of the investiture bloc (even with the support of Junts) would not be enough. A reform of the Magna Carta of this magnitude requires a minimum of 210 votes in favor.
The approval of the constitutional reform indisputably goes through the Government obtaining the support of the PP, especially considering its control of the Upper House. A scenario that under no circumstances do the populars consider. Despite the amendment for total return, the highest expression of rejection towards an initiative in parliamentary terms, and the continuous criticisms that its members make in public and in private, the Government does not throw in the towel.
CHRONOLOGY
October 2025 - The controversy erupts. The Madrid City Council approves an initiative by Vox with the votes of the PP for "mandatory, verbal and written, permanent and visible information" to be provided about "Post-Abortion Syndrome".
A week later, the Council of Ministers approves a preliminary draft of a constitutional reform in its first reading to safeguard abortion.
January 2026 - On the table. After months in 'stand by', the Permanent Commission of the Council of State addresses the opinion on the bill.
March 2026 - Green light. The Council of State issues a favorable opinion on the Executive's proposal to safeguard the right to abortion in the Constitution, under the premise that the current law "is not fully complied with" as it is referred to private clinics.
April 2026 - The time has come. The Council of Ministers approves in its second reading the bill with some modifications in the wording to make it "less cumbersome" and sends it to the Cortes.
The Congress addresses the general debate.
The starting point
In March 2025, on the occasion of 8M, Sumar announced at a press conference from Congress its intention to shield the right to abortion in the Constitution in terms very similar to those set out by the Government now. However, nothing more was heard of that initiative by Yolanda Díaz's party. The reason is that the plurinational group did not have the numbers to push for the reform.
According to the Rules of the Lower House, to present a constitutional reform to Congress, it is necessary for the proposal to be made by two parliamentary groups or one fifth of the deputies (at a minimum). At that time, Sumar had 27 deputies in the Lower House (now 26, after Àgueda Micó from Compromís moved to the Mixed Group) so it was not possible to make this proposal without the support of another parliamentary group.