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FAMILY

EXPLAINED: Spain’s new leave of absence schemes to care for family members

The Spanish government has given the green light to three new leave of absence schemes to allow people time off work to care for children and other family members during holiday periods, when they're unwell or for other urgent reasons.

EXPLAINED: Spain's new leave of absence schemes to care for family members
Spain's Minister of Social Rights, Ione Belarra, has spearheaded the measures. Photo: OSCAR DEL POZO/AFP.

The Spanish government has approved three new types of leave to take care of children or close relatives, and to help parents manage periods without school. These were measures that were originally included in the Family Law passed in late-2022 but yet to be approved.

READ ALSO: UPDATE: Five things you should know about Spain’s new Family Law

Instead, the leave of absence measures have been introduced as part of the Royal Decree-Law on anti-inflationary crisis measures. They aim to improve work-life balance, and have been spearheaded by Spain’s Minister of Social Rights, Ione Belarra.

The new leave schemes will come into force immediately when they are published in the BOE this week.

The first of these leaves of absence is for five days a year and will be paid leave. It can be used in the event of a serious accident or illness, hospitalisation or surgery without hospitalisation that requires rest when it affects a relative or a person with whom they live.

The second is “force majeure” leave. It can be used on an hourly basis and amount to up to a total of four days per year for each worker for “urgent family reasons”. It will also be paid. This type of force majeure leave is intended to be short-term incidents, such as if a parent is ill and needs to be accompanied to the doctor or if a child becomes ill and one of the parents needs to stay at home to look after the child.

The third is parental leave, and will be unpaid. This leave of absence can last up to eight weeks a year, can be taken continuously or discontinuously, full-time or part-time, until the child reaches the age of 8. It is designed, for example, to provide a solution for parents to cope with adaptation periods in nurseries and schools or for periods without classes, namely during the summer or Christmas period.

Belarra said of the new leave: “We are happy to achieve these advances, but we know very well that it is not enough. There are still many people who feel that they do not see their children grow up, that they do not spend quality time with their partner, that they can only see their parents a few hours a week.”

Belarra, who is also leader of Unidas Podemos and part of the Sumar electoral platform, promised to “continue promoting” further measures to make forming a family in Spain “a little bit easier”.

“We want to have time for the most important things and there is still time to make this possible,” she said in a video posted to social media.

The leaves of absence, included in the recent royal decree, were originally meant to be approved as part of Spain’s wide-ranging Family Law, legislation that included, among other things, a €100 handout for mothers with children from 0 to 3 years, recognition of ‘all forms of family’ and support for single-parent families.

This includes those who are married or have registered as a pareja de hecho (common-law partners). Common-law partners will now have access to the 15 days of permission for registration, like those who get married, and will be able to access the same permits.

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SPANISH LAW

Why Spain has decided not to ban pimping

The Spanish Parliament has rejected a draft bill by the ruling Socialists which proposed banning sexual procuring and toughening the country's prostitution laws. Why are both the left and the right against this sex work crackdown?

Why Spain has decided not to ban pimping

This is the second attempt by the Socialists to carry out this proposed bill, which was rejected by parties on both sides of the political spectrum.

Even the government’s junior coalition partner Sumar voted against the move, as well as the PP, ERC, Junts, PNV and EH Bildu.

The bill aimed to punish all types of pimping, essentially profiting from the procuring of prostitution of others.

Currently, only pimps (proxenetas or chulos in Spanish) that carry out intimidation and violence are punishable, but PM Sánchez’s party has argued that the current wording of Spain’s Penal Code has led to “total impunity for pimping”. 

The aim was to expand upon article 187 of the Penal Code to imprison anyone who “promotes, favours or facilitates” the prostitution of another person “for profit”, with sentences of 3 to 6 years as well as fines.

This would be extended to a further 24 months in prison if violence, intimidation or deception were used and penalties of two to four years if pimping does not involve violence, even with the consent of the sex worker.

In addition, the PSOE wanted to be able to punish third parties who earn money for renting out properties for the purpose of pimping and prostitution with two to four years in prison and fines.

The Socialists also wanted to add an article so that those who pay for sex have a criminal charge. Anyone who agrees to “the practice of acts of a sexual nature in exchange for money or another type of benefit” is punished with a fine”, the bill read. 

The majority of the political parties denounced the proposal arguing that it was an “electoral” initiative.

Gala Pin, the deputy of Sumar stressed that her party couldn’t vote in favour of a bill that she has called “quite tacky”. “It proposes absolutely no solution, no itinerary, no alternative measure, no economic proposal for labour support, absolutely nothing,” she argued.

A woman holds up a sign that demands the abolition of prostitution during a demonstration with the motto “The strength of women is the future of all” in Madrid in 2021. (Photo by OSCAR DEL POZO / AFP)

Other members of Sumar criticised the bill saying that it was incomplete and that it didn’t address the root of the problem. Many also believe it will criminalise sex workers place women who practice prostitution in situations of greater vulnerability, without being able to defend themselves.

The party led by Yolanda Díaz added that they were in favour of “persecuting coercive pimping” but saw “large gaps” in the PSOE law, which they do not consider comprehensive, because it does not address social and economic measures such as employability, housing or training. They don’t want to allow prostitution to be eradicated. 

READ ALSO: What’s the law on prostitution in Spain?

Sex worker María Nelly and spokesperson for Stop Abolition has requested that the government allow women to continue work in prostitution if it’s something they’ve chosen.

She argues that it doesn’t seem right that they are victimised or that their clients are seen as aggressors. Nelly also told Antena 3 that she does not approve of fines being issued to clients or to the places that provide them with safe spaces to carry out their sex work.

“The majority of girls who engage in prostitution do so freely and there are very few reports of pimping,” she stated on TV programme Espejo Público.

READ ALSO: Spain’s top court reinstates first sex workers’ union

This is now the seventh time that proposed changes to prostitution laws have been rejected in parliament. 

The last changes were proposed in June 2022 and aimed to further crack down on pimping and exploitation, and punish those purchasing sex, including harsher sentences if the victim is vulnerable or underage.

At the time, the PSOE said they would not make prostitution outright illegal, but rather the exploitative activities that surround it. 

Critics of tougher prostitution laws such as those of Nordic countries argue that they lead to greater secrecy surrounding sex work, more police persecution and deportations, as well as housing problems since it can be interpreted that any property, even the home of a woman who carries out prostitution, is used by a pimp for profit.

It’s worth noting as well that Spain is among the largest ‘consumer’ of prostitution in the world (3 in every 10 Spanish men have admitted to sleeping with a prostitute) and the industry represents as much as 0.35 percent of the country’s GDP: €4.2 billion a year. 

Between 45,000 and 120,000 women work as prostitutes in Spain, according to different estimates. 

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