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HEALTH

EXPLAINED: Spain’s plans to ban smoking on bar terraces

On World No-Tobacco Day, discussions about banning smoking on all bar and restaurant terraces in Spain are heating up, with legislation set to be approved in the coming year.

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A man smokes while drinking beer with friends at the terrace of a bar in Sevilla on August 13, 2020.(Photo by CRISTINA QUICLER / AFP)

It’s one of the most common sights in Spain: a busy bar terrace with friends and families sat around tables enjoying food and drinks outdoors, while a handful of smokers light up cigarettes and puff to their hearts’ content. But it may not be long before this scene is no longer played out.

Spain was in fact one of the first countries to adopt a strict smoke-free provision with a complete ban on smoking in enclosed public spaces, public transport, and workspaces – with only limited exceptions allowed.

The changes, first set in the Anti-Tobacco Law of 2005 but significantly increased by 2010, when all restaurants and bars became non-smoking places, came amid low public support.

In 2009, 51 percent of Spain’s population was completely in favour of smoking restrictions in restaurants, below the EU average of 63 percent.

Back then, 31.5 percent of the Spanish said they smoked (cigarettes, cigars or a pipe) every day or occasionally, and 19.7 percent said they used to smoke but stopped.

Just about a decade later, the numbers have changed: 24 percent of the population says they currently smoke, according to a European Commission research, and 31 percent replied that they used to smoke but have stopped.

This seems to be directly related to an array of measures and changes in public perception of smoking, and studies have shown that places with smoking bans have lower numbers of smokers.

What is the current law on smoking in Spain?

For a decade, Spain has had a complete ban on smoking in enclosed public spaces, public transport, and workplaces.

Since 2010, it’s been only allowed to smoke outdoors in the open air in Spain, “in every space that is not covered, or every space that, despite coverage, is surrounded on its side by a maximum of two walls”.

READ ALSO: Maps: Which beaches in Spain have banned smoking?

Despite the lowering numbers, Spain also has too many smokers, pulmonologists warn. And the consequences are severe: lung cancer, often caused by smoking, is the third most frequently diagnosed cancer in Spain, according to the Spanish Ministry of Health.

Given these high figures, Spain’s Spanish Society of Pulmonology and Thoracic Surgery (SEPAR) has already proposed measures to help people stop smoking, including a ban on tobacco consumption in public spaces, even outdoors.

What will the Spanish government do?

Spain’s government is working on a plan to reduce tobacco consumption by 2025, following a target by the World Health Organisation (WHO) to cut by 30 percent the consumption of tobacco by 2025, compared with data from 2010.

READ ALSO: How Spain could stamp out smoking

Among the measures is a total ban on smoking in open-air places where many people meet, such as the terrazas (bar, cafe, restaurant terraces) and beaches.

Some private spaces, including cars, could also become non-smoking areas.

Other measures include changes in the packaging of cigarettes to become “neutral”, without logos or colours, and an increase in cigarette prices.

When are the changes coming?

The proposed smoking laws announced by the Health Ministry, which were expected to come into force in 2021, are still delayed.

The package of new measures can only be ready by late 2022 or early 2023 as they must first have the approval of the Public Health Commission of Spain’s Interterritorial Health Council, before reaching the Spanish Cabinet and Parliament.

Successive health emergencies – from the coronavirus pandemic to recent cases of child hepatitis and monkeypox – have delayed the plans.

Though there is not even full agreement on how to implement which measures. For example, a smoking ban on private cars could come only when children or pregnant women are inside vehicles.

READ ALSO: Spain set to offer 100% paid week-long leave to care for family members

The Health Ministry says that the text is “practically ready” but still not approved as there are still “small administrative matters” that need to be solved, according to online daily 20minutos.

“We cannot wait any longer”

In the meantime, health associations, including the Spanish Society of Family and Community Medicine (semFYC), ask the government to speed up.

“In Spain, we are already far behind other European countries regarding measures to prevent smoking. These measures are designed to protect the health of the population and even the environment. That is why we consider that changes such as the extension of smoke-free spaces to terraces and our beaches and neutral tobacco packaging are measures that in Spain we cannot wait any longer”, says semFYC representative Susana Morena.

READ ALSO: Smoking near kids is ‘form of abuse’: Spanish experts

Spain’s Cancer Association (AECC) highlights that the measures would significantly protect young people and all populations by reducing risk factors that can cause cancer.

According to data from AECC, in 95 percent of the terraces in Spain, traces of damaging substances in tobacco can be found.

The same is true in 46 percent of schools access areas or 43 percent of playgrounds, the Cancer Association says. Moreover, a burnt-out cigarette butt continues to give off 14 percent nicotine for at least 24 hours, they added.

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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.

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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