The Government of Spain sends the reform on sexual and reproductive health and the voluntary interruption of pregnancy to the Spanish Parliament

Moncloa Palace, Madrid

The Council of Ministers has approved sending the Draft of the Organic Law amending Organic Law 2/2010, of 3 March, on Sexual and Reproductive Health and the Voluntary Interruption of Pregnancy to the Spanish Parliament.

The Minister for Equality, Irene Montero, stated that this law guarantees effective access to the voluntary termination of pregnancy in the public health system and women's sexual and reproductive rights, which are a fundamental measure of a country's democratic quality: "The right to decide about our own body is part of the fundamental right to health, but it is also the gateway to the exercise of many other rights and to the exercise, ultimately, of the possibility of deciding our life projects".

Voluntary interruption of pregnancy and contraception

Pool Moncloa/Javier de Amescua

The new law will guarantee effective access to the right to voluntary interruption of pregnancy in the public health system, which will be the benchmark. Women who decide to undergo this procedure can do so in the public hospital closest to where they live and will be entitled to temporary incapacity while they recover.

Women aged 16 and 17 and women with disabilities will be able to decide about their pregnancy and the current requirements of prior information and three days of reflection will disappear in all cases.

The morning-after pill will be dispensed free of charge in health centres and should be compulsorily available in all pharmacies.

Contraceptive methods will be distributed free of charge in schools, prisons and centres associated with social services, the latest generation methods will be prioritised and co-responsibility will be promoted, as this issue "cannot be the exclusive responsibility of women as is currently the case", said Irene Montero.

Women's sexual and reproductive rights

The law, the minister continued, also addresses the rights of women who decide to become mothers. In addition to establishing measures to accompany pregnancy and to promote good gynaecological-obstetric practices and respectful childbirth, a new leave of absence has been created from the 39th week of pregnancy that will not shorten maternity leave.

For the first time, it also regulates a temporary incapacity paid in full by the state for painful or disabling periods, and menstrual hygiene products will be dispensed free of charge in educational, prison and social centres to combat irregular menstrual poverty.

Additionally, the law recognises reproductive exploitation, forced abortion and pregnancy, forced sterilisation and forced contraception as forms of violence against women, as set out in the Istanbul Convention.

Sex education

Irene Montero stressed that with the entry into force of the law, sex education will be compulsory at all educational stages.

The minister referred to studies according to which almost 70% of secondary school students say that the sex education they have received has not been useful for their sexual life and that the internet and friends are the main sources of information for different types of knowledge.

"Learning about sexuality happens with or without adequate support and, with this law, this progressive and feminist coalition Government wants to ensure the right of children and adolescents in our country to comprehensive sex education that allows them to know all their rights, their bodies and build sexual and affective relationships based on consent and good treatment", concluded Montero.

Organic Law on the Right of Defence

Pool Moncloa/Javier de Amescua

The Government has presented the Draft of the Organic Law on the Right to Defence, which covers the provision of legal assistance or legal advice and the defence of the legitimate interests of the individual through the procedures provided for by law.

The Minister for Justice, Pilar Llop, has stated that everyone should be able to access the justice system with the maximum guarantees and that the right to a defence cannot depend on one's pocket, social situation or where one lives: "We can all be involved in legal proceedings in our lifetime and we all need to have the guarantee that we will have the same rights to face those proceedings".

The Government, Llop assured, is committed to transforming the justice system towards a more efficient, sustainable and egalitarian model "that must be based on development, equality and social, territorial, economic and digital cohesion". Llop stressed that the new standard will also have a pioneering character in Europe, including the UK.

Guarantees for citizens

The right to effective judicial protection is a fundamental right enshrined in Article 24 of the Spanish Constitution that, however, had not yet been enshrined in an organic law. "The current regulation is fragmented and is certainly not as complete as it should be given the importance of this right in the system of democratic quality", Llop pointed out.

The text strengthens the guarantees for citizens so that, when they are involved in a judicial procedure or alternative dispute resolution system, they can do so with greater confidence in the justice system and the institution of the legal profession.

For the first time with the force of law, anyone may request that the contracting of legal defence services be formalised in writing in a professional engagement form or equivalent means.

Legal professionals

With regard to the legal profession, a key group - 250,000 men and women, 150,000 of them practising in courts and tribunals - the law includes guarantees, duties, conduct and principles that until now only appeared in the statutes of the professional group.

Legal assistance shall be provided by qualified professionals, who shall always act freely and independently, as well as guaranteeing the confidentiality of communications and professional secrecy.

The existence of the Collegiate Legal Guidance Services is also foreseen so that any person can be advised regardless of their economic resources, but especially if they belong to a vulnerable group.

Roadmap for the sustainable management of mineral raw materials

Pool Moncloa/Javier de Amescua

The Executive has approved the roadmap for the sustainable management of mineral raw materials, which strengthens the country's strategic autonomy and security of supply of key supplies for the energy transition and digital development.

The Minister for Territorial Policy and Government Spokesperson, Isabel Rodríguez, explained that these materials are essential for sectors and activities such as metallurgy, iron and steel, electronics, chemistry and the pharmaceutical industry, as well as for mobility and the automotive industry.

"The European Economic and Social Committee estimates that 70% of European industry relies directly or indirectly on these activities and in our country they have a turnover of more than 3.5 billion euros per year and an estimated employment of more than 90,000 people, with a very significant impact on local economies", she said.

The document is aligned with European policies on raw materials - such as the Key Raw Materials Action Plan or the recent REPowerEU -, and with national tools, such as the National Security Strategy approved last February or the Long Term Decarbonisation Strategy 2050.

Investments in areas of demographic challenge

The Council of Ministers has authorised 57.5 million euros to be distributed among the regional governments to promote actions in municipalities located in areas of demographic challenge. This distribution will be submitted to the Sectoral Conference on Demographic Challenge for ratification.

Forty million euros from the Recovery Funds will be earmarked for initiatives linked to the bio-economy such as livestock farming, sustainable forestry production or tourism compatible with forest conservation. The other 15.7 million euros is allocated in the General State Budget 2022 under the Territorial Cohesion Fund and is intended to promote sustainable local development, correct territorial imbalance, facilitate access to key public services and encourage economic and business activity.

Isabel Rodríguez stressed that these actions, which are included in the Plan of 130 Measures to Meet the Demographic Challenge, are already having an impact: "In the last four years, more than 200,000 people have returned to rural areas, to towns with more than 5,000 inhabitants.

Energy policy in Spain and the European Union

The minister spokesperson announced that the President of the Government of Spain, Pedro Sánchez, will appear in the Upper House of Parliament at his own request to report on the Impact Plan for Energy Saving and Energy Management in Climate Control and its territorial, economic and social perspective.

Rodríguez stressed that the measures adopted by the Government, such as the reduction of up to 80% in the taxation of electricity bills, are being effective in bending the inflation curve: "This morning we received the news of a drop of four tenths.

The spokesperson was pleased with this figure, but said that we must remain cautious and prudent and continue to work to protect the middle and working classes, industry, businesses and the self-employed.

In relation to energy policy, Rodríguez also highlighted the importance that Spain is playing in the debate on this issue in the European Union and expressed her satisfaction with the announcement by the President of the European Commission, Ursula von der Leyen, that intervention and reform of the electricity market is necessary: "Undoubtedly, Spain's proposals, led by the President of the Government of Spain, are being heeded by our European partners".

The spokesperson also gave a very positive assessment of the involvement this morning of the President of the Government of Spain, Pedro Sánchez, in a working meeting of the German Council of Ministers, and his bilateral meeting with the German Chancellor, Olaf Scholz.

Non official translation