Underage Abortion and Beyond: Developments of Spanish Law in Competent Minor's Autonomy

Abstract

This paper examines the recent developments in underage abortion and related questions in Spanish law. Despite the prevalence of the language of autonomy, like in Britain, children's interests are not defined in Spain by relying exclusively on the competent child's views. Parental opinion and societal expectations are given due weight, although sometimes only implicitly. Calculated ambiguity in legal practice and in the relevant legal texts provides evidence of the pervasive influence of deeply rooted distrust as against clear-cut rules favouring a young person's autonomy.

Competence and authority: adolescent treatment refusals for physical and mental health conditions

“…Compliance with the European Convention on Human Rights helps regulate the extent to which autonomy interests must be balanced with the rights of others and with conflicting individual rights. This balance takes into consideration the facts that children are potentially vulnerable and that their decision is often shared by and will usually impact upon their family (Ribot, 2012). Consequently, if an adult and minor are both legally competent to make a similar medical treatment decision, there may be valid reasons for allowing the adult to decide but denying this right to the minor.…”

“…Nonetheless, some countries take a different approach, enabling competent minors to make an authoritative refusal of treatment, and linking competence and authority in a wider range of situations (Ribot, 2012). Though there has yet to be a test case, Scotland probably supports such a right (Elliston, 2007).…”