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KEY POINTS: Spain’s new sexual and reproductive health law

Spain’s Council of Ministers approved on Tuesday the preliminary draft of the new so-called abortion law or sexual and reproductive health law. Here's a breakdown of the changes to abortions, menstrual leave and contraceptives it addresses.

Published: 18 May 2022 09:27 CEST
Updated: 30 August 2022 10:01 CEST
KEY POINTS: Spain's new sexual and reproductive health law
The proposed women's health legislation must still be approved by parliament, with a vote not expected for months. Photo: Jonathan Barba/Unsplash

After the Spanish government initially approved the draft bill of the sexual and reproductive health law back in May 2022, it has now been approved by the Council of Ministers and will be sent to the Congress of Deputies for further debate, before being put into legislation. 

Spain’s Minister of Equality Irene Montero announced that she is already negotiating with the parliamentary groups to get the law out “as soon as possible” and hopes it will be passed “by the end of the year”. 

The proposed bill may be modified, but if approved here’s what will change. 

Girls aged 16 and 17 will be able to get abortions without the need for permission

Previously, it was necessary for those aged 16 and 17 who wanted an abortion to get consent from their parents, but this new law means that no permission will be necessary. Women who undergo an abortion will have the right to disability leave and specialised support in cases of terminated pregnancy.  

Guaranteed abortions in the public health system

The new law guarantees that abortion will be available in the public health sector and places special emphasis on the fact that women shouldn’t have to travel far to get one.

Many times women end up in private clinics because the public hospitals refuse them. In addition, women will be able to choose between surgical and pharmacological abortion, both of which must be available in all centres.

In Spain, of the 88,269 voluntary terminations of pregnancy reported in 2020, the latest available data showed that 84.5 percent were performed in private centres. Twelve provinces have not reported any abortion in the last five years, not even in private clinics. 

Registration of objectors

The law assures that conscientious objectors have a right not to perform abortions and will be regulated in the same way as in the Euthanasia Law. It will guarantee that there will always be personnel available to form voluntary abortions. Any health professional either working in the private or public sectors can declare themselves to be a conscientious objector.

The three mandatory reflection days will be eliminated

The new draft bill eliminates the need to take three days of reflection before terminating a pregnancy, which has been mandatory up until now. The law also states that information on alternatives will be provided and help in the case that the woman decides to continue with her pregnancy and requests it.

Menstrual and pregnancy leave

For the first time, the law will include a specific section on periods, allowing time off work for women who suffer from extremely painful and disabling periods, which will be financed 100 percent by the State.

Good practices will be promoted in all stages of pregnancy, especially in childbirth and postpartum. Prepartum leave will be incorporated from the 39th week of pregnancy, which will be taken away from maternity leave.

Free period products

In high schools, prisons, women’s centres, civic centres, social centres and public bodies, products such as tampons, pads or menstrual cups will be distributed free of charge with the aim of ending menstrual poverty.

Free distribution of the pill and methods of male contraception

The new law also indicates that there will be free distribution of the morning-after pill in health centres, as well as in sexual and reproductive health institutions.

Currently, this emergency contraceptive can be bought without a prescription in pharmacies at a price of around €20, although some Spanish regions already provide it for free in health centres. The new law proposes that the pill must be available in all pharmacies. Male contraceptive methods will also be promoted, so that it will not only be the responsibility of the woman.

Mandatory sex education

The law states that sex education must be mandatory in schools. Teachers will be trained in sexual and menstrual education, as will prison officers and public workers.

Free contraceptive methods will also be distributed in educational centres linked to campaigns on sexual education (something that will also be done in social centres and prisons). There will also be public centres for sexual and reproductive health and a hotline will be created.  

Surrogacy and forced sterilisation

The law recognises surrogacy as a form of violence against women and the advertising of agencies that offer these services abroad is prohibited. It also considers forced abortion and sterilisation of women with disabilities as violence against women.

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HEALTH

How many hours do I have to work to get access to public healthcare in Spain?

A common question among those wanting to move to Spain is if they will have access to the Spanish public healthcare system even if they only work part time or a few hours a week.

Published: 23 April 2024 10:57 CEST
How many hours do I have to work to get access to public healthcare in Spain?

In order to understand the answer to this question, you need to be aware of several rules on who has the right to public healthcare in Spain. 

In Spain, you have the right to access public healthcare under the following circumstances:

  • You are an employee or self-employed and are affiliated and registered with the social security system
  • You receive Spain’s state pension
  • You are the recipient of benefits, including unemployment benefits or subsidies.
  • You have exhausted your unemployment benefit or subsidy or other benefits of a similar nature and are unemployed and residing in Spain
  • Children under the age of 15
  • Students under the age of 26

You also have the right to healthcare if your spouse pays into the social security system or if you’re pregnant.

READ ALSO: Does permanent residency in Spain equal free public healthcare?

But what happens if you are an employee, but you only work part-time, does the number of hours you work affect whether you have the right to public healthcare coverage?

Even if you work part-time (or media jornada in Spanish), you will still be paying into the social security system automatically – part of it from your salary and part of it from your employer.

Therefore you will be affiliated in the social security system as in point one above. 

According to stats from Spain’s National Statistics Institute (INE), a total of 6.6 percent of men in Spain in 2022 worked part-time and 21.6 percent of women. In September 2023, there were 2.9 million part-time employees in the country.

As far as social security is concerned, those who work part-time benefit the same as those working full-time when it comes to national healthcare, regardless of the length of their day. Part-time contributions count as one full day when it comes to paying social security.

READ ALSO: What to be aware of before accepting a part-time job in Spain

This rule, equating part-time work to full-time work was brought into force on October 1st 2023 in order to try and help reduce the gender pay gap in Spain, but was designed with the pension system in mind rather than national health coverage.

The advantage is that it also benefits those who want to work part-time and still be able to access healthcare. Even before this was brought into force, however, those working part-time and paying social security were still covered. 

All this means that there isn’t a specific number of hours you must work in order to be able to be covered under the Spanish healthcare system, and as long as you’re paying social security or fall into one of the categories above, you will be able to benefit from it.

Remember that if you’re not employed or self-employed in Spain and don’t have a spouse who is either, then you may not be covered.

To get around this you can either join a programme such as the S1 scheme for British pensioners or pay the convenio especial in order to benefit from public healthcare. For this, you will pay a monthly fee of €60 if you are under 65 and €157 if you are over 65. 

If none of these options are available to you or the requirements of your visa say so, then it’s necessary to get private health insurance instead.

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