Spain Passed Landmark Gender Equality Laws

In February, Spain’s parliament passed a series of laws that brought many improvements to women’s and transgender people’s lives, including legislation regarding menstruation, abortion rights, and transgender people’s rights.

This legislation made Spain the first country in Europe to allow workers paid menstrual leave. According to Euronews, a study led by the Spanish union Unión Sindical Obrera (USO) found that 53% of women suffer from debilitating menstrual pain. That number is even higher among young women: 74%. The law also intends to fight menstrual poverty by increasing public access to menstrual hygiene products such as tampons, sanitary napkins, and menstrual cups. These period products will be offered for free in schools, prisons, and social centers for women in vulnerable conditions.

Another part of the law is related to abortion. In 2010, Spain passed a law that allowed women to freely terminate a pregnancy during the first 14 weeks or up to 22 weeks in the case of great life or health risk for the woman, fetal anomalies incompatible with life, or serious, incurable illness. It was considered one of the most progressive abortion laws in Europe and should have made abortion more accessible via public clinics and free. However, according to NPR, more than 80% of abortion procedures in Spain happen in private clinics, since many doctors in the public system refuse to perform abortions, mainly due to their religious beliefs. The legislation passed in February should now definitively make abortion more accessible, since it guarantees the State has to direct economic resources to make sure abortions can be offered in public hospitals, which includes hiring more medical personnel.

This legislation also importantly focuses on young people: It universalizes sexual education that will educate adolescents about their bodies and allows girls aged 16 and 17 years old and women with disabilities to have an abortion with the consent of their parents or guardians. After a woman notifies their health provider she wants an abortion, she no longer has to wait three days for “reflection,” as was previously required.

A separate package of reforms that strengthens transgender rights was also approved by Spanish lawmakers. One law allows anyone over 16 years old to change their legally registered gender without medical supervision. Minors between 12 and 13 years old will need a judge’s permission to do so, and those between 14 and 16 must be accompanied by their parents or legal guardians to enact the change. Previously, trans people could only request the change if they fulfilled a series of requirements, such as presenting a diagnosis of gender dysphoria signed by more than one doctor or being under hormonal treatment. A second law bans so-called “conversion therapy” for LGBTQIA+ people and provides support for lesbians and single women who want in vitro fertilization treatments.

The main promoter of the two laws was Irene Montero, Spain’s equality minister, who belongs to the country’s left-wing coalition government, called the "United We Can" Party. “We have taken a giant step,” Montero said to Congress on the day the laws were approved. “However, I’m aware that the journey doesn’t end here, and that we haven’t been able to incorporate the realities of nonbinary people, immigrant transgender people, and other communities that we’ll find out more about as we move forward.”

While this legislation was opposed by Spain’s right-wing parties, the new laws were strongly supported not only by the left-wing political parties and Montero’s coalition, but also by FELGBTI+, the biggest LGBT organization in Spain. The organization’s president, Uge Sangil, told Euronews that they expect this new legislation will inspire other countries to follow in Spain’s footsteps.