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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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BRITS IN SPAIN

Six factors British people need to consider before retiring to Spain

If you're a UK national and thinking of retiring to Spain, there are some important factors you need to think about before making the move, and before you make any decisions about your UK pension.

Published: 3 May 2024 09:59 CEST
Six factors British people need to consider before retiring to Spain

Retiring to Spain is a dream for many, but in order to make that dream a reality, you need to know that you can financially support yourself.

For most retirees, their main or only income will be a UK pension, so it’s important to understand how your pension will work once you make the move to Spain. 

There are some specific rules and restrictions you should know when your pension is paid outside of the UK. You also need to understand how your pension will be taxed in Spain.

Financial adviser, Maeve Hoffman, from Spectrum IFA Group, emphasised that people should not take these decisions lightly, telling The Local: “Figuring out what to do with your pension should be part of your wider financial plans for your life”.

“This may be your most important asset, besides your home, and the best answer for what to do with your pension is highly individual. There are no sweeping generalisations when it comes to advice on private pensions. Everyone’s situation is different,” she said.

This article is intended as an overview of how the system works for UK pensioners and is not intended as a substitute for individual financial advice. It’s aimed at people who have worked most or all of their career in the UK and then plan on retiring to Spain – the situation is slightly different for people who have worked in Spain and then retire here.

READ ALSO: Which UK benefits can Brits keep if they move to Spain?

Long-term or short-term

The first thing you need to decide is if you’re moving Spain for the long-term or short-term. 

If you’re looking to stay here permanently, there are certain advantages you can benefit from, but they could make things extra complicated if you end up returning to the UK in the future.

Make sure you ask yourself the tough questions so you can think about every eventuality. Is there a chance that you will have grandchildren in the future that you’ll want to be close to them? Have you ever spent a significant time in Spain, before, apart from just for short holidays? Do you have connections to Spain, such as friends, family or a home? If your health deteriorates, will you want to be cared for in Spain or the UK?

If are unsure about the answers to these questions, then take some time to really think about them. There are alternatives to permanently moving to Spain if you are unsure – for example, you can stay here for three months without the need for a visa.

Understand the different tax rules

British retirees should be aware that the UK and Spain have very different tax systems.

Once you become a tax resident in Spain you have to file a yearly declaration on your global income. Your UK pension will be taxed in Spain and you will no longer be liable to UK taxation, unless you have a government service pension.

You can check if your pension is classified as ‘government’ here.

The UK state pension, as well as any other private pensions, will be taxable in Spain.

Because of this, will want to think about whether your previous plans for your private pension were only advantageous to you as a UK resident. Once you become a Spanish tax resident, they could have unforeseen implications.

For example, there is no tax-free lump sum in Spain. If you want to take out a lump sum, taking it while you are still a UK resident will save you a lot in tax.

Taxes also depend on the region in which you decide to retire to. Some are a lot more advantageous than others, so it’s important you know the rules of where you plan on moving to. 

READ ALSO: Why you should move to this region in Spain if you want to pay less tax

Get reliable, expert financial advice before doing anything

If you have decided you want to be in Spain permanently, then you will need some expert tax and pension advice – but you need to be careful who you take advice from, this is a highly specialist area and it’s unlikely that high street financial advisers will have the knowledge that you need. 

Brexit has also made getting financial advice more complicated, with fewer experts available.

Hoffman told The Local: “Because of Brexit, you cannot use a UK-based financial adviser anymore – you have to use an EU-registered one. This has made things more complicated. When picking an adviser, seek out someone who has expertise on the local taxation rules. They should also be regulated with the financial regulator where you live and where they work”. 

It can be especially complicated to work out who you should and shouldn’t take advice from – for example, some UK-based advisers have continued to give advice to EU-based clients, even though are not following EU regulations anymore. 

Hoffman adds: “There are free, government-based services in the UK that can help you understand your private pension – Pension Wise and Money Helper. Before doing anything, you should consult the free services. Any financial adviser worth their salt would recommend this too. 

“These services have begun to have longer wait times, so be sure to book well in advance of when you plan to draw from your pension.”

Decide whether to transfer your pension

Another question that is important for Brits to think about is whether or not to transfer their pension into either a UK-based SIPP for non-residents, or a QROPS (Qualifying Recognised Overseas Pension Schemes).

The SIPP will keep your pension in the UK, while the QROPS moves it out of the UK. 

These options can be helpful for residents in Spain, but you need to familiarise yourself with their benefits and drawbacks.

“The QROPS is not for someone who is unsure of their future, as if you return to the UK within five years of the pension transfer, HMRC will seek their tax back as if it was a full encashment,” Hoffman said.

You should also beware of scams on this subject, as the post-Brexit period saw many scammers seeking to persuade Brits that it was now mandatory to transfer their UK pension – always be wary of any cold-calling or unsolicited financial advice.

Determine how you will draw from your pension

The next factor to consider is how you want to receive your pension – either as regular income or as a lump sum. The option that you chose will have tax implications in Spain.

Generally, the tax rate will depend on the amount of your pension, but can range from 19 to 47 percent in Spain.

Remember that there is no ‘tax-free lump sum’ in Spain, so it’s best that you don’t draw from your pension that way.

Healthcare and Social Security

You won’t automatically be covered for healthcare in Spain if you retire here, because you won’t be working and therefore won’t be paying social security.

Thankfully, there are various options. UK nationals who retire to Spain (and have never worked in Spain) and have already reached the state pension age can apply for the S1. This means that the UK continues to pay for their healthcare costs and they would not be charged social security. Non-working spouses of an S1 holder can also benefit from this.

READ ALSO – Healthcare in Spain: the steps to apply for the S1 form for UK state pensioners

You can also choose to pay for the convenio especial (which translates to ‘special agreement’). This allows foreigners in Spain to pay a monthly sum into the country’s public health system to have access to it, even if they don’t work. To access it, you will pay a monthly fee of €60 if you are under 65 and €157 if you are over 65. 

Of course, you also have the option of getting private health insurance too.

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