This past Monday, the High Court of Justice of Madrid, an body that ensures legality in the decision-making of the regional executive, ordered the Government of Isabel Díaz Ayuso to immediately begin the pertinent procedures to start with the creation of this registry. In this way, it gives the green light to the request of the Ministry of Health, as a precautionary measure, to promote its implementation.
This judicial procedure is still ongoing and there is no clear answer as to whether Justice will finally order the Community of Madrid to create this registry of conscientious objectors for those doctors who do not wish to perform abortions. The truth is that it is already the only regional government that has not yet created said registry and this, predictably, could tip the scales of Justice towards the materialization of the list.
On the one hand, the portfolio led by Mónica García urged the Community of Madrid to comply with the known as Abortion Law and to create this list of healthcare personnel who do not wish to perform abortions. Sources from the Ministry of Health insist that these lists will always be private, that the personal data of those doctors who exercise their right to decide not to terminate the pregnancy will be preserved and that, furthermore, they will allow for greater knowledge of which hospitals need doctors who are willing to perform this practice.
In short, they understand that in this way the woman's right to abortion and the doctor's right not to act against life are made compatible, as understood by those professionals who so decide. In fact, Minister Mónica García published on X: “Judicial victory for the right to abortion. Justice rules in favor of the Ministry of Health and forces Ayuso to guarantee abortion in public healthcare. It was the only community that refused, diverting 99% to the private sector. It's over.”
The truth is that Más Madrid, as well as other opposition groups in the Madrid Assembly, has criticized the Madrid president on numerous occasions for not guaranteeing the right to abortion in the Community of Madrid. However, from Puerta del Sol they deny it.
On the other hand, Ayuso's Executive disagrees with this decision by the court and shows its full disagreement with what they describe as a list to target those who think differently. Furthermore, they will appeal the judicially ordered precautionary measure for reconsideration.
From the regional Government they make it clear: they will comply with this judicial order, but sources from the Presidency of the Community of Madrid insist that the order does not go into the merits of the matter. Furthermore, they place special emphasis on the fact that they are already complying with the law: this autonomy, they point out, guarantees both the right to conscientious objection of doctors and the provision of voluntary termination of pregnancy services.
It now remains to be known what the definitive sentence will be. However, what does remain in the press archive is the contradiction of the regional Executive of Madrid when it voted in favor of this measure in the Interterritorial Council of the National Health System in December 2024, as did the rest of the autonomous communities and now its position is totally contrary.