Andorra's Social Democrats Propose Full Abortion Decriminalisation Up to 14 Weeks in Penal Code Reform

The Social Democratic Party (PS) has tabled amendments to Andorra's Penal Code reform that fully decriminalise abortion up to 14 weeks of gestation for women and medical professionals, allow procedures up to 22 weeks in three specified cases, and press the government to introduce a dedicated regulatory law.

Under the proposal, abortions would face no penalties before 14 weeks. From 14 to 22 weeks, they would be permitted without sanction for grave risks to the mother's life or health, pregnancies from crimes against sexual liberty, genetics, or assisted reproduction, or non-viable foetuses with severe abnormalities confirmed by medical reports. Beyond 22 weeks, or outside these exceptions from 14 weeks, penalties would apply, including three months to three years in prison and professional disqualifications for practitioners.

PS leader Susanna Vela called it a "proposal of maximums" during a press conference, urging the government and majority parties to seize the "golden opportunity" for consensus after 14 years of inaction despite UN CEDAW recommendations. "The government says it will decriminalise abortion. The government doesn't do it, we do," she said, adding that women should be removed from the Penal Code entirely—a view she linked to past comments by Pope Francis. Vela stressed the need for a follow-up law on access, health safeguards, and legal conditions.

On sexual offences, the PS sets consent at 16 years, narrowing the government's proposed five-year age gap for relations involving 14- to 16-year-olds to three years. Councillor Laia Moliné said this aligns with standard consent norms and fixes inconsistencies in the original text referencing both 14 and 16. Responding to 2024 figures—127 crimes against sexual liberty, up 27% from 2023, including 23 rapes and underage victims rising from 10 to 50—the amendments ban conversion practices targeting sexual orientation or gender identity via moral harm, with three months to three years' arrest, aggravated for minors or vulnerable groups, and disqualifications for promoters.

They also refine harassment and exploitation rules to exclude consensual private acts, requiring intent to breach dignity for non-consensual content, and list examples like grooming, sextortion, and sex tourism. Further provisions introduce proportionality in private corruption penalties—distinct from public cases due to societal impact—letting courts weigh benefits gained as a mitigating factor, and offer judges and mayors flexibility without fixed timelines. Penalties would cover only completed coercion, threats, harassment, or blackmail, not preparatory acts like conspiracy, which Moliné described as hard to assess.

The PS bolsters cultural heritage protections by fining illegal trafficking based on profits, punishing attempts, and holding officials liable for enabling destruction or trade.

The Concordia party focuses its amendments on sexual liberty crimes, proposing a new chapter on assaults against minors with six- to 10-year sentences for grooming and child pornography recruitment, seen as the "initial phase" enabling distribution. It emphasises "free, express, and irrevocable" consent, aligns penalties with European and international standards on exploitation, image-sharing, and human trafficking, and backs the government's digital prostitution measures but calls the bill "too timid" overall. Concordia welcomes the consent age rise—originally its idea—but laments a six-month delay after initial government rejection, noting it reflects growing awareness of sexual violence.

The amendments are under review in General Council committees.