The constitutional status of the unborn: evolution and current situation in Spain

Abstract

Abstract:
This paper analyzes the evolution of the protection of the unborn human life in Spain since the enactment of the 1978 Constitution. It focuses, in particular, on the study of the laws and the constitutional jurisprudence on two relevant matters: the regulation of abortion; and the in vitro fertilization, the use of embryos their tissues and organs. The legislator and the decisions of the Constitutional Court have opted for gradualist protection of the embryo that leaves many questions open from the perspective of the right to life (Article 15 SC) and human dignity (Article 10.1 SC).