Last Wednesday, a delegation from the Government of Andorra met with the Secretary of State of the Vatican, Cardinal Pietro Parolin, to continue dialogue in search of a legal form for the “decriminalization” of abortion, in a country whose head of state is held by the Bishop of Urgell, Mons. Josep-Lluís Serrano i Pentinat and the French president, Emmanuel Macron, as co-princes.
The head of Government of Andorra, Xavier Espot, and the Minister of Institutional Relations, Ladislau Baró, accompanied by the ambassador to the Holy See, Carlos Álvarez, traveled to the Vatican.
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The meeting, according the Andorran Government reportedoccurred “within the framework of the institutional dialogue maintained by the two parties to address the process of decriminalization of abortion in Andorra.”
According to the Executive of the small Pyrenean country, “both delegations have reaffirmed the shared commitment to continue working constructively with the aim of having a proposed legislative text in the coming months.”
At the same time, it is recognized that “this is a matter of great legal, institutional and social complexity, which requires careful technical development”, which is why both parties “maintain the will to find a solution that makes it compatible with the maintenance of the country’s institutional structure and the significant progress in the recognition of women’s rights.”
Abortion in the Penal Code of Andorra
Title II of Penal Code of Andorra is dedicated to “crimes against prenatal human life”, which distinguishes between “non-consensual”, “consensual” or “reckless” abortion.
Regarding non-consensual abortion (article 107), “a prison sentence of four to ten years and disqualification from practicing any health profession of up to ten years” is established.
The same penalties are established if tainted consent has been obtained “through violence, intimidation or abuse of vulnerability” due to age, disability or similar circumstance. Furthermore, it is established that the mere attempt is punishable.
Article 108, referring to consensual abortion, provides for whoever perpetrates the crime “a prison sentence of three months to three years and disqualification from practicing any health profession for a period of up to five years.”
In addition, it is specified that “a woman who causes her abortion or consents to another person causing it will be punished with arrest.”
Regarding reckless abortion, article 109 establishes a “penalty of arrest or a fine of up to 30,000 euros” and disqualification for a period of three years if the abortion is a consequence of “professional negligence.”
This section also specifies that “the pregnant woman will not be punished for this crime.”
Cardinal Parolin’s visit to Andorra
In September 2023, Cardinal Pietro Parolin made a visit to Andorra, in which appeared alongside the head of Government before the media and explained that this legal modification “is a very, very delicate and very complex issue that we have to face with great discretion and with great wisdom.”
“On the part of the Holy See, the principle of defending life in all its stages is a fundamental principle. And this principle is also accompanied by the desire to be close, to help all people who find themselves in difficulty,” the cardinal explained.
Cardinal Parolín added that this statement of principles “also entails concrete actions, in this case towards pregnant women, for example, who find it difficult to have a child, to give life to their child.”
The Vatican Secretary of State pointed out that the modification of the criminal consideration of abortion in Andorra also implies “the problem of the constitutional system” by which the Bishop of Urgell is the co-prince.”
“It is not easy to combine these two aspects,” acknowledged the cardinal, who added: “We are working, we are reflecting, we are delving deeper. These are things that cannot be resolved from today to tomorrow, which require a lot of participation, a lot of commitment and a lot of effort.”
“We hope to find a solution that is satisfactory to everyone,” concluded the Vatican Secretary of State.
The role of the Bishop of Urgell in the sanction of the laws of Andorra
The Constitution of Andorra It establishes in its article 45 g that the co-princes of Andorra “with the endorsement of the head of Government or, where appropriate, the general trustee, who assume political responsibility”, are the ones who “sanction and promulgate the laws” within a period of between 8 and 15 days after their approval by the General Council of Andorra, the legislative chamber.
Likewise, the possibility is established that the co-princes, as an “act of free disposition, require a “prior opinion of the unconstitutionality of the laws” (Art. 46 e).
ACI Prensa has approached the Government of Andorra to obtain more information about the reform and the possible implications for the Bishop of Urgell, without receiving a response. For their part, the Diocese of Urgell has declined to comment on the matter.
Nicholas de Cardenas
Born in 1980, I am a Spanish husband and father and journalist with more than 20 years of experience in print and digital media, specializing in sociopolitical and religious information. I have worked for more than 10 years in defense of human rights and have accreditations in Journalism and Comprehensive Communication. Since July 2022, I have been a correspondent for ACI Prensa and EWTN Noticias in Spain, covering international events of the Catholic Church.