Feminist Action of Andorra has expressed his opposition to the project to modify the article 117 of the Criminal Code presented by Government of Andorraconsidering that the reform does not represent progress in women’s rights and violates several constitutional precepts. The entity maintains that the proposal eliminates criminal liability for women who have abortions, but keeps abortion a crime and the possibility of convicting the people who help them.
In a statement, the association criticizes that the reform justifies theexclusion of criminal punishment for the alleged situation of “special vulnerability” of women, instead of recognizing them as holders of rights. According to Feminist Action, this consideration constitutes a gender bias which could violate the principle of equality contained in the article 6 of the Constitution and the right to the dignity of the person established in article 4. “Replacing punishment with guardianship is not equality,” says the organization.
Another aspect that the association questions is the lack of exceptions in cases where the life or health of the woman is in danger. Feminist Action denounces that health professionals they will continue to be unable to intervene in these situations and remember that the UN Human Rights Committee he already recommended Andorra, the March 2026guarantee access to abortion at least in these cases. The minister of Institutional Relations, Ladislaus Baronalready said during the press conference after the council of ministers last Wednesday that the progress in the reform of the Penal Code and as a result of the decriminalization of abortion would be made “with the conviction of not putting our institutional system at risk”, which is why women who want to voluntarily terminate their pregnancy are decriminalized, but not the professionals who collaborate in the intervention. Baró also insisted that although the “Constitution protects the right to life“, if decriminalization was to be made compatible with the constitutional mandate, abortion would be “legalized in Andorra and this is a limit that we considered could not be transgressed“.
The organization also regrets that women they have to continue moving abroad to voluntarily terminate the pregnancy, without the costs being reimbursed by the Andorran Social Security Fund (CASS). According to the association, this situation particularly harms women with fewer financial resources.
Faced with this scenario, Feminist Action calls on the parliamentary groups to introduce amendments during the legislative process to remove the reference to vulnerability and recognize women as rights holders. He also asks recover CASS coverage and approve a public accompanying protocol.
In case the reform is approved without incorporating these changes, the entity urges the parliamentary groups to present an appeal of unconstitutionality. In this regard, remember that article 99 of the Constitution allows that one fifth of the general councilors file this appeal within thirty days after the publication of the law. The reasons he raises are the possible discrimination on the basis of sex, the violation of dignity and the lack of protection of the life and health of women.
“That no woman should be punished for having an abortion is not a concession, it is a constitutional requirement. We want a law that treats us as equals,” concludes Acció Feminista in the statement.
