Equality and Distribution of Jurisdiction between the Central Government and the Autonomous Communities for the Regulation of Rights to Sexual and Reproductive Health

Abstract

The purpose of the article is the legal analysis of the evolution of rights to sexual and reproductive health and the jurisdictions of the central government and the autonomous communities in this matter. It has three sections and conclusions. First, it traces a historical journey, from the appearance of these rights to their recognition by the United Nations, and the evolution of these rights in the Spanish legal system, from their configuration as crimes in the penal code to their recognition by the Constitutional Court and Organic Laws 2/2010 and 1/2023. Secondly, the article analyses the distribution of powers between Spain’s central government and the Catalan Government in matters of health and gender policies and the impact of the jurisdiction of the central government based on Article 149.1.1 of the Spanish Constitution. In conclusion, the article underlines the need for a restrictive interpretation of this precept under the prism of self-restraint and proportionality, in order to avoid undermining the powers of the Catalan Government.

Keywords

• rights to sexual and reproductive health
• fundamental right of voluntary termination of pregnancy
• jurisdiction on health
• jurisdiction on gender policies
• jurisdiction clause of 149.1.1. of the spanish constitution