Spanish court acquits 21 demonstrators over abortion clinic prayer vigil
Demonstrators in the neighbourhood of a Spanish abortion clinic. Photo AFP, Oscar del Pozo
Southern Europe
A criminal court in northern Spain has acquitted 21 anti-abortion demonstrators. The judge ruled that they stayed within their constitutional right to peaceful assembly and did not harass women entering an abortion clinic in Vitoria-Gasteiz.
The decision, which can be appealed, is hailed by pro-life groups as a key precedent for silent prayer vigils near abortion centres in Europe.
Forum Libertas, Omnes, Democrata.es and other media report this. The case centred on daily gatherings held from 28 September to 6 November 2022. During this period, small groups met outside the Askabide clinic as part of the “40 Days for Life” campaign.
Prosecutors claimed that these acts formed an organised strategy to deter women from accessing legal abortion, invoking a 2022 reform that criminalises coercive behaviour around such services.
The prosecution and private accusers demanded five months in prison or community service for the demonstrators. They also pushed for fines, compensation of up to 20,000 euros, and three-year restraining orders, keeping the defendants 100 metres from the clinic. Their argument portrayed the vigils as a form of pressure that created a hostile environment for patients and staff.
In her written decision, Judge Beatriz Román rejects that view. She states that the 21 accused merely exercised their freedom of assembly at a place with substantial symbolic value for their cause. The gatherings were notified in advance, held on the pavement opposite the clinic at a distance of about 15 to 30 metres, and limited to rotating groups of no more than five people at a time.
According to the ruling, participants prayed, sometimes silently and sometimes aloud, but not loudly enough to be heard inside the clinic. They carried A4‑sized posters with messages such as “you are not alone, we are here to help you” and “we pray for you”. They did not block the entrance, hand out leaflets, use graphic images or offensive slogans, or physically approach women or staff.
For the judge, this behaviour falls short of any legal definition of coercion. The court notes that no woman was called to testify that she had been prevented or discouraged from entering the clinic because of the group’s presence. There was also no evidence that appointments were cancelled due to the vigils.
Pro-life advocates have welcomed the ruling as a first-of-its-kind judgment in Europe. Pro-life demonstrators in several countries are in trouble as more and more often vigils are criticised or even forbidden. They argue that it confirms that silent prayer and offers of help on public streets remain protected, even near abortion facilities.
Supporters now hope the decision will influence future cases involving “buffer zones” and similar restrictions.
Pro-choice organisations and clinic representatives take the opposite view. They had framed the proceedings as a historic trial against the harassment of women seeking abortions. They cited the 2022 legal reform as vital to protect patients. For them, any organised religious presence outside clinics exerts pressure, regardless of whether there is direct confrontation.
The acquittal may not be the final word. The case can be taken to the Provincial Court of Álava, which could reassess where to draw the line between reproductive rights and freedoms of religion and assembly. Until then, the Vitoria judgment will be closely watched by activists and lawmakers across Spain and beyond.
