Spain has introduced new legislation allowing gender self-determination, banning conversion therapy, introducing menstrual leave and easing abortion limits. Here’s what you need to know: Anyone aged 16+ can change their gender on official documents without medical supervision Conversion therapy, in any form, intended to change a person's sexual orientation or identity or gender expression is banned New abortion legislation makes it easier for women to access medical or surgical abortions in public hospitals and clinics  Arbitrary and medically unnecessary three-day waiting period before accessing abortion care is suppressed  Denial of abortion care based on personal beliefs will now become more transparent due to a new registry that takes stock of medical professionals in the public health system who refuse to perform abortions The previous requirement for women aged 16 and 17 to obtain parental consent for abortions is scrapped, along with the 3-day period of reflection and the obligation to provide information on maternity benefits for those seeking abortion care Up to 5 days of menstrual leave for people with painful periods - thus Spain becomes the first country in Europe to introduce menstrual leave Provision of free sanitary products in schools, prisons and women’s centers and free hormonal contraceptives and the morning after pill at state-run health centers Paid leave before childbirth additional to the maternity leave, from the 39th week until the moment of birth Compulsory comprehensive sexual education at all stages of education, reinforcing previous regulations. The bill on sexual and reproductive health and abortion care recognizes rights that were already in the 2010 Spanish law and had subsequently been restricted, and includes new measures that entail the normalization of important aspects of sexual and reproductive health.

Currently, abortion care is available during the first 14 weeks of pregnancy based on a woman's indication.  Up to 22 weeks, abortion is permitted in cases of serious risk to the life or health of the woman or foetus. Thereafter, abortion care is only accessible in cases of foetal abnormalities incompatible with life or extremely serious and incurable illness. Nonetheless, access to dignified and safe care remains an obstacle course especially for those already marginalized by systemic discrimination. But there is hope. This week, the government discussed a progressive law which gives autonomy to girls aged 16 to 18 to access abortion care without parental consent; regulates denial of care based on personal beliefs; and scraps medically unnecessary 3-day waiting periods delaying access to abortion. If approved, the law would also extend financing for contraceptive care. The draft law also guarantees up to 3 days of menstrual leave for painful periods; eliminates VAT on menstrual products; and asks that schools and prisons offer free menstrual products.  

YSAFE, IPPF EN’s youth network, created the project “Sharing Innovations” as a response to the Covid-19 lockdowns and the impact they had on the delivery of relationship and sexuality education (RSE). It is an Erasmus+ project aiming to improve access to sexuality education online. We are collaborating with seven national sexual and reproductive health and rights organizations (IPPF EN members in Portugal, Cyprus, Estonia, Spain, North Macedonia, Latvia, Serbia) and the End FGM EU network to create a new set of guidelines on delivering safe and effective digital sexuality education. It will incorporate everything that we have learned during the first year of the pandemic about pivoting quickly to online RSE delivery into a user-friendly tool. Young sexuality educators will be testing the tool out in 6-month programmes of activities they will design themselves, focused on different national priorities around sexual and gender-based violence (SGBV) prevention. We expect the results to be published in the summer of 2022.

IPPF EN is very encouraged by a series of positive developments in recent days which show European decision-makers and public bodies supporting the reproductive freedom and safety of women and girls, and rejecting harmful obstacles to care. At a time when other countries in Europe are pursuing retrogressive political agendas, we are heartened by these examples of progressive values shaping the legal frameworks which determine how women and girls access and experience care. Emergency contraception: Italy removes prescription hurdle for minors needing contraceptive care On 8 October, Italy’s national Medicines Agency (Aifa) announced new rules for under-18s needing to access emergency contraception. Adolescent girls will now be able to access this essential care over-the-counter in pharmacies without being required to have a prescription. The Aifa described this step forward as a “turning point for teenagers’ physical and mental health”, and “an ethical measure which will help avoid difficult situations in which girls usually bear the burden by themselves.” The organisation also announced the creation of a much-needed new website to provide information about contraception. (article in La Repubblica here) French Parliament paves the way for boosting women’s access to abortion care Also on 8 October, France’s National Assembly discussed a bill to strengthen the right to abortion. New measures approved in this first reading would include the extension of the legal deadline for access to abortion from 12 to 14 weeks of pregnancy, the possibility for midwives to carry out surgical abortions up to the 10th week, and the removal of the clause that enables care providers to deny women care based on their own personal beliefs. Our French member Le Planning Familial, which has regularly denounced the difficulties that women face in accessing abortion care, strongly supports these proposed new measures. LPF described them as a first step towards aligning with the European countries that have the most women-centred abortion legislation, and doing away with unnecessary hurdles to care: “This first reading of the law is a real step forward for women’s right to control their bodies. Thousands of French women go abroad to have abortions every year. This decision to extend the time limits makes it possible to fight against social inequalities, since not all women can access care abroad, and against territorial inequalities, because all women in Europe should have the same right to safety and reproductive freedom.” (Full statement in French from Le Planning Familial here) The next step will be a vote on the reform in the French Senate. Abortion care: Spain plans to remove 2015 parental consent obstacle for 16 and 17-year-olds Spain’s government has announced its intention to reform the current abortion law to remove a hurdle introduced in 2015 by the ruling Conservative government requiring 16 and 17-year olds to seek parental consent before being able to access abortion care. Equality Minister Irene Montero also announced plans to promote relationships and sexuality education, given its role in protecting young people against the risk of gender-based violence, and to boost contraceptive access and choice. In a statement, our Spanish member the FPFE welcomed the government’s announcement, and hoped that it would be swiftly followed up with action to turn the commitments into reality, reiterating that the current parental consent requirement is a threat to young women's health, safety and autonomy.    On contraceptive care, they noted that the proposal to guarantee “the best possible access to contraception with its “most innovative and effective” forms… would bring the Spanish state closer to the level of access… in other European countries.” The FPFE also called for the announcement to “be accompanied by measures that guarantee public funding of all contraceptive methods…, to end the inequalities between autonomous communities, and of measures that also entail access for all women… regardless of their administrative situation.” (Full FPFE statement here; BBC article here)

You wouldn’t expect access to contraception to be an issue in EU countries such as Spain. But too many girls and women are still being denied the freedom to make their own reproductive choices. And it is vulnerable people who face the greatest obstacles when it comes to accessing this basic healthcare. In this video by our Spanish member FPFE, we meet Olga, Deli, Lidia, Barbara and Sandra, five young women struggling to overcome barriers in the Spanish system. These range from prohibitive costs, bureaucratic hurdles and the exclusion of immigrant women from the public health system, to the failure to ensure that all young people receive sex and relationships education and can use health care services that are adapted to their specific needs. Contraception is not a luxury. It’s a healthcare issue. And a human right.