Committee on Economic, Social and Cultural Rights
Sixth periodic report of Spain, due in 2017, under articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights * , **
[Date received: 9 September 2017]
A.Issues of particular relevance
1.Enjoyment of economic, social and cultural rights
1.In Spain, everyone, including the most vulnerable population, has access to the mechanisms of the welfare state at the national, regional and local levels. Universal education, health care and non-contributory pensions have been established, unemployment benefits have been strengthened, the public social services system has been consolidated, and low-income housing and free legal assistance are provided.
2.In this regard, given the Committee’s concerns stated in a letter in 2012, none of the decisions adopted in recent years have violated the commitments undertaken by Spain in the Covenant.
3.Nevertheless, because some of the measures taken may have a negative impact on specific individuals and groups, certain mechanisms suggested by the Committee, such as financial assistance, are used to channel funds to meet day-to-day needs of such groups.
4.Non-contributory pensions, which are provided nationwide, are especially important. A monthly stipend is provided, based on a number of criteria, to persons who are not entitled to contributory pensions or whose entitlements (e.g., unemployment benefits) have expired.
5.At the regional and local levels, the minimum integration income (renta mínima de inserción) is especially important. This benefit includes social services and, when necessary, insertion in the labour market.
6.No less important are the measures taken to support the civil society sector. In 2013, pursuant to Royal Decree-Law No. 8/2013, payment of debts owed by the autonomous communities and local governments to their suppliers were expedited. Special attention was paid to non-profit associations and institutions and those involved in social programmes for children and families, persons with disabilities and older persons.
7.Civil-society sector entities were recognized as collaborators with public administration under Royal Decree-Law No. 7/2013, which provides for emergency tax and budgetary measures and development of research, development and innovation.
8.In addition to these general areas, measures were taken to ensure that the Covenant is applied in the cases of specific groups and individuals, including in unfavourable economic scenarios.
9.As regards the Roma population, the Fundación Secretariado Gitano has issued a report on the economic crisis and the Roma community, examining the impact of the crisis and austerity measures on the situation of the Roma community in Spain. The report states that the economic and financial crisis has had an especially serious impact on that community.
10.To address that situation, government plans are in place to address issues such as employment and social inclusion with explicit reference to the Roma population. A number of well-coordinated efforts have been put under way which call for close cooperation in sharing good practices.
11.Spain is implementing the National Roma Integration Strategy which covers the years 2012 to 2020. In keeping with European Commission guidelines, the Strategy includes specific objectives in areas such as education, employment, health and housing, reflecting the comprehensive approach set forth in the Committee’s letter of 2012.
12.The Strategy is laid down in a series of operating plans, the most recent of which covers the period from 2014 to 2016. A mid-term evaluation of the plan is currently under way, the outcome of which will be announced during the second half of 2017. The next operating plan will be based on the conclusions of that evaluation, bearing in mind the contributions of different ministerial departments and of the autonomous communities. The plans include financial and technical cooperation with non-governmental organizations within the Roma associative movement and/or organizations that promote the advancement of the Roma population, as well as the ongoing and full participation of the State Council of the Roma People.
13.The plan provides for cooperation in two areas: technical support to the aforementioned organizations and economic support for their social programmes. In 2015 alone, subsidies totalling 7,716,732.12 euros were provided to Roma associations. The subsidies helped finance different types of programmes (promotion and education for health with special emphasis on women, insertion in the labour force and in education, sensitization, intercultural harmony, equal treatment and non-discrimination).
14.The autonomous communities also implemented strategies and plans that are in line with the national strategy and with sectoral plans in different areas.
15.As regards persons with disabilities, in keeping with the recommendations on need and proportionality mentioned by the Committee in 2012, positive measures were taken in some cases, and exceptions were made in others.
16.Under Royal Decree-Law No. 16/2012, persons with disabilities are exempt from paying contributions for pharmaceutical benefits in cases that are covered by the relevant regulations. Persons receiving retirement or disability pensions are required to pay only 10 per cent of the cost, up to maximum amounts which are established by law.
17.Pursuant to Royal Decree-Law No. 1192/2012, persons with disabilities receive publicly funded health care through the National Health System.
18.As regards the administration of justice, free legal assistance is guaranteed, without reference to income or resources, for persons with intellectual disabilities who are victims of abuse or maltreatment. Moreover, the financial threshold for persons with disabilities was raised so as to enable them to receive free legal assistance (five times the public indicator of multiple effect income).
19.Royal Decree-Law No. 27/2012 provides for the temporary suspension of evictions of families with a member who has a disability of 33 per cent or more or is dependent or has a recognized illness that renders him or her permanently unable to work. This measure was later extended. Act No. 1/2013 raised the income threshold for suspending evictions when persons with disabilities are involved. In addition, persons with disabilities are included as beneficiaries of reverse mortgages; they had previously been excluded from such financing.
20.In terms of the budget, the tax reform included benefits for families with members who have disabilities, as well as for companies that hire persons with disabilities.
21.Finally, State subsidies for persons with disabilities have been increased. These subsidies are covered by revenues from the personal income tax. The reason is that in every tax period, more and more people have voluntarily agreed to designate a portion of their taxes for that purpose, thus indicating the level of awareness of the issue within Spanish society.
2.Right to work
22.The labour market reform of 2012 involved setting up a framework for labour relations designed to address a prolonged stagnation of economic activity and massive job destruction. In particular, internal flexibility measures were adopted to halt that trend and lay the foundation for economic recovery and thus make it possible to create jobs again. The aim was to improve workers’ employability while at the same time enabling firms to adapt to economic circumstances without destroying more jobs.
23.An evaluation report was presented in 2013, one year after the launching of the reform. Since then, several studies and analyses have been produced which, in one way or another, have been useful in evaluating and following up on the effects of the labour reform.
24.The 2013 report, which was the first, was published by the Ministry of Employment and Social Security. One of its main conclusions was that the reform may have helped prevent the loss of 225,800 jobs during the year prior to the launch.
25.The report also includes an estimate of the job-creation threshold that could result from the flexibility measures included in the reform. The threshold is the level of gross domestic product (GDP) growth that is needed to enable the economy to start generating jobs. The threshold of growth since the adoption of the reform can be set, in conservative terms, at a range of between 1 per cent and 1.2 per cent. Employment data for 2014 appear to confirm the results for this period. The Spanish economy was able to create more than 400,000 jobs at a year-on-year growth rate of 1.4 per cent. Moreover, the increase in the number of jobs was not only due to the distribution of working hours resulting from the increase in part-time contracts. There was also an increase in the total number of hours worked.
26.A second evaluation, published in the Bank of Spain’s Economic Bulletin in September 2013 attempted to analyse the potential impact of the reform on the main magnitudes of the labour market of the other factors that might have played a part in that trend, in particular, the adverse cyclical situation during the period analysed.
27.In particular, there has clearly been a reduction in average wage increases agreed on in collective agreements since 2012. This may be due both to the reform and to the agreement on employment and collective bargaining that was signed by management and labour representatives in January 2012.
28.To identify the impact of the labour market reform on trends in employment and unemployment, an estimate was made of the ratio between the employment growth rate and the rate of variation of economic activity (Okun’s law). In order to avoid any potential bias arising from the unfavourable employment trends in the public sector, the estimate was based on the market economy. The results showed that the behaviour of private sector employment had been somewhat better than expected since the end of 2012; this may be attributed to the effect of wage restraint brought about by the reform.
29.Finally, models were estimated in order to determine the existence of changes in job creation and destruction based on flow statistics from the Labour Force Survey. The idea was to find out if the reduced dismissal costs adopted in the reform had generated an increase in the rate of job destruction among workers with permanent contracts. The results showed that that had not been the case, according to the data observed up to the second quarter of 2013.
30.A study was also conducted to determine whether the creation of permanent jobs had increased as a result of these measures as well as of the wage restraint. The job creation rate stopped falling towards the end of 2012. The downward trend is less pronounced in the case of unemployed workers transitioning to permanent jobs, which could be an indication that measures designed to encourage permanent contracts might be having a positive effect.
31.Another interesting report is the one published by the Organization for Economic Cooperation and Development (OECD) in 2014. This report explores the differential impact of the labour market reform in terms of different magnitudes. Among other things, it discusses the impact of the labour market reform on hiring rates in the Labour Force Survey. Those rates appear to have risen by 8 per cent as a result of the reform, basically because of the impact on permanent hiring, which rose by 13 per cent (18 per cent for permanent full-time jobs).
32.An estimation was also made of the impact of the reform on labour market dynamics. Data from the Continuous Sample of Working Lives showed that the labour market reform led to an average increase of 24 per cent in the transition from unemployment to permanent employment during the first six months of an average person’s period of unemployment.
33.This study was supplemented with an analysis of monthly hiring flows using contract records. The reform appears to have created around 25,000 new permanent contracts per month during the period studied. The increase in the number of such contracts is solely attributable to firms with fewer than 50 workers, the legal hiring limit for making use of the contrato de apoyo a emprendedores (new full-time permanent contract for small firms) and related subsidies and bonuses. In particular, 21,000 of the estimated 25,000 new permanent contracts made possible by the reform were created in firms of fewer than 25 workers.
34.In 2016, R. Doménech, J.R. García and C. Ullosa, published an article in Revista del Ministerio de Empleo y Seguridad Social on the effects of labour reforms on growth and employment. This article discusses the macroeconomic effects of the reform, especially the effect of the greater wage and internal flexibility of firms. Two scenarios are discussed: firstly, how the economy would have evolved in the absence of reform, and secondly, what effects the reform would have had if it had been implemented before the beginning of the crisis of 2008.
35.The main conclusions of the article are divided into empirical observations and the results obtained from applying the econometric model.
36.The empirical observations, which did not involve applying the econometric model, showed that employment did not fall as much as might have been expected during the recession of 2012–2013, given the more adverse fiscal and financial conditions that prevailed during the first phase of the crisis. This is consistent with the hypothesis that the labour reform, particularly in terms of the changes in collective bargaining, enhanced the ability of the labour market to deal with negative impacts.
37.Another empirical observation was that during 2014 and 2015, jobs were created without a positive differential for inflation with the European Union or an increase in unit labour costs that would reduce the competitiveness of the Spanish economy. This is in contrast with pre-crisis behaviour, when gains in employment went hand in hand with loss of competitiveness.
38.Moreover, for the first time in recent decades, employment was created without incurring in deficits on the current account balance and without devaluating the exchange rate. Low oil prices are not in themselves enough to explain this outcome, given that they were also low at other times when job creation led to a serious deterioration of the current account balance.
39.Moving on to the result of applying the econometric model, the first conclusion is that if wage demands in 2010 and 2011 had continued during the period between 2012 and 2015, 910,000 additional jobs would have been lost, and the unemployment rate would have been 5.1 points higher. In the long term (about six years), an additional 1.5 million jobs would have been lost, and the unemployment rate would have been 6.3 points higher.
40.Moreover, if wage demands in 2008 had followed post-reform patterns, the destruction of two million jobs would have been prevented, and the current unemployment rate would be 8 points lower (12.9 per cent instead of 20.9 per cent).
41.In any event, it should be noted that these results are not attributable solely to the labour reform, but also to wage moderation, and that the Agreement on Jobs and Collective Bargaining of January 2012 may have contributed to that. It is also quite possible that wage moderation would have occurred anyway, even without the reform, as all stakeholders reacted to the untenable levels of unemployment.
42.In 2016, J.I. García Pérez published, in FEDEA Policy Papers, a working paper on the impact of the 2012 labour reform on dualism and employment, examining changes in hiring and dismissal practices by type of employment contract.
43.The paper presents a partial assessment of transitional flows between employment and unemployment in order to determine whether the labour market reform has had an effect on those flows that can be distinguished from other factors.
44.According to the paper, the labour reform of 2012 had a positive, albeit minor, effect in reducing dualism in the labour market. Up to 32 per cent of the reduction of unemployment since adoption of the reform may be directly attributed to the effects measured in this analysis (as noted in other studies, the reform may have also had an effect, by way of wage moderation).
45.Another conclusion is that the reform has increased by 51.3 per cent (from 1.7 per cent to 2.6 per cent) the likelihood that persons who have been unemployed for up to 12 months will transition to permanent employment.
46.This has lowered the average duration of unemployment from 12.5 to 11 months and has lowered unemployment by 24,000 persons each year, on average, since the reform.
47.This is especially the case for young people (under 30), who are about twice as likely (+88.5 per cent) to find permanent jobs (from 1.1 per cent to 2.07 per cent).
48.The effect of starting permanent employment is also greater among small and medium-sized firms with fewer than 50 workers (which are eligible for the advantages of the contrato de apoyo a emprendedores) and even more so in firms with up to 25 workers.
49.The reform has also reduced (by 11 per cent) the probability of temporary workers losing their jobs. As a result, the average duration of such jobs has increased from 10.5 to 13.3 months. It is estimated that there have been 47,000 fewer dismissals from such jobs per year.
50.The reform has not had a significant effect on the probability of permanent workers losing their jobs. The effect of lower dismissal costs, which could have increased that probability, has been offset by greater internal flexibility, which reduces it.
51.As a result of the reform, temporary workers, especially those younger than 30, are more likely to transition to permanent jobs.
52.The reform may be responsible for a 32 per cent drop in unemployment between March 2012 and December 2015. The equilibrium unemployment rate in the Spanish economy has declined, although it is not known to what extent.
53.Another report to be considered is the Country Report Spain 2016 published by the European Commission, which provides an analysis of labour market adjustments. Noting that the labour market has improved and that moderate wage growth has been broadly supportive of macroeconomic rebalancing, the report points out that the reforms adopted between 2012 and 2014 seem to have cushioned the fall in employment and accelerated its recovery.
54.A prediction of employment based on the pre-reform relationship with GDP growth suggests that, in the absence of reforms, about 400,000 more jobs would have been lost.
55.In addition, employment would have started to grow again only a few months later in the second quarter of 2014, and the recovery in employment would also have been milder. This suggests that the labour market is now able to generate employment growth with lower GDP growth than in the pre-reform conditions.
56.The report also indicates that the 2012 reform is likely to have had a positive, but small effect on hiring and to have helped limiting job destruction during the second dip of the crisis. Based on pre-reform cyclical behaviour, the predicted job finding rate would have started to improve only from mid-2014 and would have been about one percentage point below the actual rate in the first quarter of 2015.
57.Improvements in the separation rate have been significant, with job destruction rates approximately back to pre-recession levels already by end-2014, while the estimates made by the European Commission suggest that they would have remained higher in the absence of reforms.
58.Finally, the report of the European Commission, as well as the OECD report, suggest that the reform was successful in bringing down the separation rate, mainly thanks to the increased internal flexibility, while the effect on new hiring was more limited.
59.In its report on the Spanish economy dated 30 January 2017, the International Monetary Fund (IMF) devoted annex 1 to a summary of the main evidence of the effects of the labour reform.
60.As regards the way in which the job strategy and the annual employment policy plans have helped reduce unemployment, especially among young people and the long-term unemployed, it should be noted that, in addition to the factors mentioned above, the National Reform Programmes of 2015 and 2016 describe how the different measures adopted during those and previous years contribute towards meeting the objectives of the Europe Strategy 2020, including the remarkable increase in the employment rate as well as the improvement of educational outcomes.
61. The Youth Entrepreneurship and Employment Strategy and the Strategy on Activation Policies are among the results reflected in the National Reform Programmes.
62.As regards the participation of management and labour representatives in the aforementioned reforms, Royal Decree-Law No. 3/2012, published in the Official Gazette, was adopted as a matter of urgency pursuant to article 86 of the Constitution. Accordingly, consultations were precluded. In the context of challenges brought to the Constitutional Court or to the International Labour Organization (ILO), the trade union organizations have implicitly acknowledged the reasons for the urgency.
63.In any case, the position of the trade union organizations became known around the time of the adoption of the reform, thanks to the Second Agreement on Jobs and Collective Bargaining 2012, 2013 and 2014, which was signed by workers’ and employers’ unions in 2012. The Agreement recognized the need for measures to be put in place as soon as possible.
64.After adoption of the reform, five technical meetings were held between February and March which were attended by trade union organizations (Unión General de Trabajadores and Comisiones Obreras). Proposals for amendments were drawn up, and the ones that were drafted by trade unions were considered and studied.
3.Trade union rights
65.The right to strike is recognized in the Spanish Constitution. The relevant provisions appear in Title I, on Fundamental rights and duties, in particular, article 28.2, recognizing the right to strike and stipulating that it shall be regulated by law. Because it is recognized as a fundamental right, it is protected by special guarantees.
66.Legal protection is provided through the ordinary courts. In addition, article 53.2 of the Constitution provides for a preferential and summary procedure involving shorter time limits, the elimination of red tape and the reduction of formalities, thus providing an additional guarantee as part of ordinary proceedings. This makes it possible to follow either course, i.e., ordinary proceedings or preferential and summary procedures.
67.When those channels are no longer available, an appeal may be brought before the Constitutional Court (the highest guarantor of rights and liberties) through an action of amparo (article 161 of the Constitution and Organic Act No. 2/1979).
68.The Criminal Code (Organic Act No. 10/1995) was amended by Organic Act No. 1/2015, of 30 March, to strengthen protection of this right under criminal law. Article 315 of the Criminal Code establishes penalties of imprisonment for anyone who prevents or limits the right to strike, as well as harsher penalties when coercion is involved.
69.As a result of the labour market reform of 2012, trade union representatives participate more actively in negotiations on measures to promote internal flexibility (geographic mobility, substantial changes in working conditions, suspension of contracts or shortening of working hours) and on collective dismissals. In particular, the reform ensured respect for the fundamental right to unionize and did not affect the right to strike. The reform also respected the right to collective bargaining on labour matters, which is recognized in article 37.1 of the Constitution, guaranteeing the right to collective labour bargaining between workers and employers’ representatives, as well as the binding force of the agreements. This was confirmed in Decision No. 8/2015 of 22 January, handed down by the full Constitutional Court, on an action brought by 104 deputies challenging the constitutionality of certain provisions of Act No. 3/2012.
70.Collective bargaining is enshrined in article 37 of the Constitution. The collective bargaining mechanism is laid down in articles 89 and 90 of the Workers’ Statute. In general terms, the Statute outlines the procedure, stipulating that everything must be in writing and strictly defining the grounds for refusal, which must be based on the principle of good faith. Provisions are included to prevent the use of violence, to encourage the intervention of mediators at the request of the parties and to strengthen respect for legislation currently in force.
71.As regards statistics on unionized workers, Spain adheres to the idea that unions must be representative of most workers as shown by the results of elections at the workplace (arts. 6 and 7 of Organic Act No. 11/1985 on Freedom to Unionize). Workers enjoy freedom to unionize and the right to free association (art. 28.1 of the Constitution).
4.Social security
72.Social security rights are guaranteed and strengthened in all contexts. Services to citizens, both in person and online, have been improved, and a special website, called “Tu Seguridad Social”, has been set up.
73.Over the last few years, major reforms have been implemented in the social security system, most of them in the context of Act No. 27/2011. The series of amendments to the existing legislation were eventually integrated into Royal Legislative Decree No. 8/2015, containing the new composite text of the General Social Security Act.
74.Among other things, Act No. 27/2011 introduced changes to the legislation on social protection of part-time workers. The changes are designed to bring the situation of part-time workers more in line with that of full-time workers. In addition, the special systems for household workers and hired agricultural workers, which had previously been separate, were integrated into the General Social Security System. Accordingly, coverage for both of those groups was expanded and improved.
75.Likewise, the benefits contained in the General Social Security Act gave rise, through the adoption of Act No. 23/2013, to the introduction of the concept of sustainability and the index for revising the social security pension system. The Act is in line with the recommendations set forth in different instruments and documents of the European Union, such as the 2012 White Paper on An Agenda for Adequate, Safe and Sustainable Pensions or the report on Pension Adequacy in the European Union 2010–2050. All of these are set forth in the Europe 2020 Strategy, which provides the frame of reference for coordinating the economic policies of member States and the starting point for a policy on the orientation and coordination of efforts to address the challenge of ageing and its impact on social protection systems.
76.As regards pensioners, the AROPE (at-risk-of-poverty-or-social-exclusion) indicator for the Europe 2020 Strategy shows that the risk of poverty or social exclusion of retirees dropped by almost 11 points between 2008 and 2015 (to 12.6 in 2015). This is evidence of the strength of the safety net provided by the social security system in Spain.
77.According to the 2016 Social Protection Performance Monitor (SPPM) dashboard results (December 2016 update), the overall figure for persons at risk of poverty or social exclusion in Spain is 28.6 (2015), indicating that it increased by 4.8 points between 2008 and 2015. This is in contrast to the same indicator for persons aged 65 or older, which is 13.7 (2015), having dropped by 12.5 points between 2008 and 2015.
78.The 2015 Pension Adequacy Report: current and future income adequacy in old age in the EU confirms the advantageous position of the elderly in Spain with respect to the other European countries.
79.One of the measures designed to enhance the enjoyment of social security rights is set forth in article 60 of the General Social Security Act, establishing a supplemental pension for women who have biological or adopted children and who are beneficiaries, under any scheme within the social security system, of contributory pensions for retirement, widowhood or permanent disability. The supplement consists of an amount equivalent to the sum of the original pension plus a percentage based on the number of children.
80.Protection in the Spanish system also includes a number of measures aimed at preparing for, remedying or overcoming certain situations of misfortune or special need arising from loss of income or excess expenditures for persons going through such situations. The benefits, mostly economic in nature, include the following:
Contributory benefits/pensions (financed with social contributions) for situations such as temporary disability, pregnancy-related risk, maternity or paternity, permanent disability and others.
Non-contributory retirement or disability pensions (financed from the State budget through transfers to the social security budget).
Contributory unemployment benefits (financed with social contributions) for total or partial unemployment of workers.
Non-contributory unemployment benefits, at welfare level (financed with State revenues), for unemployment subsidies; if necessary, taken from the Wage Guarantee Fund.
Social services (Institute for the Elderly and Social Services or competent agencies of the autonomous communities to which competence has been transferred).
81.Information on non-contributory benefits is provided below. Non-contributory benefits are applied universally and are financed through State contributions to the social security budget and related programmes. These include non-contributory benefits and pensions designed to protect families, such as maternity and other benefits for minor children, childbirth, adoption or toxic shock syndrome.
82.The following table shows spending for non-contributory benefits, subsidies provided for in the composite text of the General Act on Persons with Disabilities and Their Social Inclusion, adopted in Royal Legislative Decree No. 1/2013, of 29 November, and spending for welfare pensions, which are benefits that expire.
Expenditure on non-contributory benefits (Millions of euros)
Year |
Non-contributory benefits * |
Family protection and other benefits |
Subsidies for persons with disabilities* |
Welfare pensions |
Total |
2011 |
2 138.71 |
1 326.43 |
39.92 |
25.99 |
3 531.05 |
2012 |
2 137.58 |
1 010 51 |
34.21 |
18.46 |
3 200.76 |
2013 a |
2 677.33 |
1 377.97 |
29.50 |
14.57 |
4 099.37 |
2014 |
2 395.84 |
1 764.27 |
25.34 |
12.02 |
4 197.47 |
2015 |
2 417.71 |
1 481.02 |
21.74 |
10.48 |
3 930.95 |
2016 Pto. |
2 454.56 |
1 547.54 |
19.18 |
10.19 |
4 031.47 |
* Includes the Basque Country and Navarre.
a As of 2013, the State covers the full amount of non-contributory pensions and benefits for dependent children.
83.The monetary amount of old-age and disability pensions is standard and is set in the legislation on the General State Budgets. When the level of disability is equal to or higher than 75 per cent, and the person needs assistance in order to perform basic life tasks, the benefit is increased by 50 per cent. When the beneficiary has an independent income, the pension is reduced by the same amount as that income. Even with the reduction, the pension must not be lower than 25 per cent of the established benefit.
84.The evolution of annual pensions is shown in the following table.
Annual non-contributory old-age and disability pensions, 2011–2016 (Euros)
Year |
1 beneficiary |
2 beneficiaries |
3 beneficiaries |
Variation (per cent) |
2011 |
4 866.40 |
8 272.88 |
11 679.36 |
2.30 |
2012 |
5 007.80 |
8 513.26 |
12 018.72 |
2.90 |
2013 |
5 108.60 |
8 684.62 |
12 260.64 |
2.00 |
2014 |
5 122.60 |
8 708.42 |
12 294.24 |
0.25 |
2015 |
5 136.60 |
8 732.22 |
12 327.84 |
0.25 |
2016 |
5 150.60 |
8 756.02 |
12 361.44 |
0.25 |
85.Beneficiaries living in communal households are deemed to have insufficient resources if the total income of all members is no higher than the established ceiling for cumulative resources.
Maximum cumulative resources of economic units, for purposes of non-contributory pensions in 2016
No. of members in household (m) |
Beneficiary with no first-degree descendant or ascendant (euros/year) L=C+0,7 * C * (m-1) |
Beneficiary with first-degree descendants or ascendants (euros/year) L = 2,5*(C+0,7*C*(m-1)) |
2 |
8 756.02 |
21 890.05 |
3 |
12 361.44 |
30 903.60 |
4 |
15 966.86 |
39 917.15 |
m = number of members in household, C = amount of benefit for one beneficiary, L = limit of resources .
86.The following tables show the evolution in the number of recipients and spending on non-contributory pensions.
Number of non-contributory pensions currently in force, 2011–2016 (Data as of December)
Year |
Disability |
Retirement |
Overall |
2011 |
194 704 |
253 259 |
447 963 |
2012 |
194 896 |
250 382 |
445 278 |
2013 |
196 626 |
250 527 |
447 153 |
2014 |
198 366 |
253 450 |
451 816 |
2015 |
199 518 |
254 029 |
453 547 |
2016 |
199 912 |
255 165 |
455 077 |
Source : Institute for the Elderly and Social Services .
Expenditure on non-contributory pensions, 2013–2017
Year |
Millions of euros |
2013 |
2 677.33 |
2014 |
2 395.84 |
2015 |
2 417.71 |
2016 |
2 440.34 |
2017 |
2 486.05 |
Source : Social Secu rity Accounts and Balances 2013– 2015. Payments forecast 2016 and Budget 2017 .
87.The adequacy of benefits under contributory social security pensions is ensured with the establishment of a supplement, known as complemento por mínimos, to add up to a minimum payment. The general State budget legislation adopted every year establishes minimum amounts for all benefits (with higher amounts when a recipient has a dependent spouse or other family obligations). Since no pension may be lower than the minimum amount envisaged for its category, if the effective benefit received by the beneficiary is lower than that minimum, a supplement is granted to bring the pension up to the minimum established by law.
88.Widows or widowers pensions are payable even if the beneficiary has work or receives some other social security benefit. Such pensions are increased when certain other factors are present.
5.Poverty
89.The AROPE indicator of poverty and social exclusion rose by 0.6 points between 2013 and 2016; in terms of numbers, this represents the addition of 197,000 persons. There was an inflection point in 2015, however, when the indicators began to show positive data. In that year, the rate dropped, for the first time since the beginning of the crisis, by 0.6 point; it continued to decline in 2016, when it fell again by 0.7 points, representing 348,000 persons.
Evolution of the AROPE indicator, including its 3 components, 2013–2016
2013 |
2014 |
2015 |
2016 |
|
Risk-of-poverty rate |
20.4 |
22.2 |
22.1 |
22.3 |
Persons living in households with low work intensity |
15.7 |
17.1 |
15.4 |
14.9 |
Persons living in households with severe material deprivation |
6.2 |
7.1 |
6.4 |
5.8 |
AROPE indicator |
27.3 |
29.2 |
28.6 |
27.9 |
Number of persons at risk of poverty or social exclusion |
12 630 000 |
13 402 000 |
13 175 000 |
12 827 000 |
90.Not all components of the indicator have varied in the same way. The only one that deteriorated was the risk-of-poverty rate, which rose by 1.9 points during the period in question. It rose to 22.2 per cent in 2014 and stabilized around that figure, at 22.1 per cent in 2015 and 22.3 per cent in 2016. The other two AROPE components behaved well. The number of persons living in households with low work intensity fell by 0.8 points between 2013 and 2016, 1.7 points in 2015 and 0.5 points in 2016, confirming the aforementioned change.
91.The number of persons living in households with severe material deprivation fell by 0.4 point during the period from 2013 to 2016. In this case also, the trend that had begun in 2015 continued in 2016, as the indicator dropped by 0.7 points and 0.6 points, in that order.
92.An analysis of the AROPE indicator by autonomous communities provides important information on the great disparities among them, as there is a spread of 31.6 points between those with the best and the worst rates. Starting with the national average, and ranking them by 2016 values, it was found that Melilla, Valencia, Murcia, Extremadura, Castile-La Mancha, Andalusia, Ceuta and the Canary Islands are below the average, with the Canary Islands at 44 per cent on the AROPE indicator.
93.An analysis of the period between 2013 and 2016 shows that the communities in which the situation has deteriorated the most are the Canary Islands, with 9.1, Andalusia with 3.4 and Castile and Leon with 2.4 points. Those with the best behaviour are the Balearic Islands, where the AROPE dropped by 8.7 points; Ceuta, by 5.1 points; and La Rioja, by 4.8 points.
94.A look at the trend during the last year studied shows that the Canary Islands had the worst behaviour, as the AROPE rate rose by 6.7 points. It was followed by Cantabria, where it rose by 4.2 points. The AROPE rate also rose in Aragon, Madrid, Extremadura, Castile-La Mancha and Ceuta, although only slightly.
95.The autonomous communities with the best performance during the last year studied were the Balearic Islands, where the rate fell by 7.2 points; Asturias, with 5.7 points; and La Rioja, by 4.7 points.
96.In 2016, 12 of the 19 autonomous cities and communities managed to lower their AROPE rate, as shown in the following table:
2013 |
2014 |
2015 |
2016 |
|
Navarre |
14.5 |
14.5 |
13.0 |
13.0 |
Basque Country |
16.8 |
15.3 |
17.6 |
15.9 |
La Rioja |
22.2 |
20.1 |
22.1 |
17.4 |
Catalonia |
20.1 |
21.8 |
19.8 |
17.9 |
Asturias |
21.8 |
23.4 |
24.2 |
18.5 |
Arag on |
19.8 |
20.7 |
17.7 |
18.7 |
Balearic Islands |
27.8 |
23.8 |
26.3 |
19.1 |
Madrid |
20.1 |
19.2 |
20.5 |
21.7 |
Castile and Leon |
20.8 |
26.1 |
23.3 |
23.2 |
Cantabria |
25.3 |
27.4 |
20.4 |
24.6 |
Galicia |
24.3 |
23.8 |
25.7 |
25.4 |
Nationwide |
27.3 |
29.2 |
28.6 |
27.9 |
Melilla |
31.4 |
25.8 |
31.8 |
29.3 |
Valencia |
31.7 |
34.7 |
32.9 |
30.5 |
Murcia |
34.1 |
44.9 |
38.8 |
34.8 |
Extremadura |
36.1 |
39.8 |
35.2 |
35.8 |
Castile-La Mancha |
36.7 |
36.9 |
36.7 |
37.9 |
Andalusia |
38.3 |
42.3 |
43.2 |
41.7 |
Ceuta |
47.0 |
47.9 |
41.7 |
41.9 |
Canary Islands |
35.5 |
37.0 |
37.9 |
44.6 |
97.As part of the National Plan of Action for Social Inclusion 2013–2016, 240 specific programmes were implemented to combat poverty and social exclusion. The Plan has a budget of over 136 billion euros. A medium-term evaluation of the Plan, covering 2013 to 2015, was carried out in 2015. A final evaluation is currently under way, the results of which will be presented during the second half of 2017.
98.The Plan follows the active-inclusion approach set forth in European Commission Recommendation No. 2008/867/EC. The three strategic objectives of the Plan are: inclusive labour markets, adequate income support and access to quality services, such as social services, employment, education and training, health and housing. It also seeks to reduce child poverty as a cross-cutting objective. These objectives are combined and implemented by coordinating the policies of different administrations, as well as those of all stakeholders, such as businesses and the civil society sector (which is considered very important because the specialized agencies in the sector serve specific groups).
99.In this context, the major reforms that have been implemented are consistent with the three objectives of the Plan, with the ultimate purpose of combating poverty. The labour market reform entails applying flat rates or new types of contracts. The health-care reform is aimed at guaranteeing sustainability of universal free public health care. The education reform is aimed at reducing the school dropout rate. Assistance for dependent persons has been streamlined, and priority is given to those who are most dependent. The tax reform has had a significant impact, as it has benefited lower-income families. Finally, pension increases were guaranteed by law.
100.The three strategic objectives of the Plan were developed with special regard for the most vulnerable groups, which are at greater risk of poverty and exclusion. Services for these vulnerable groups are often coordinated through comprehensive measures designed to promote their social inclusion.
101.Strategic objective 1 of the Plan is to make labour markets inclusive. The activation capacity and efficacy and efficiency of active employment policies have been improved. These efforts are reflected in the Spanish Employment Activation Strategy 2014–2016, which in turn is implemented through annual employment policy plans in which priority is given to the most vulnerable groups by targeting the long-term unemployed, the elderly and young people. The quality of training has been improved, entrepreneurship has been encouraged, and tax incentives have been implemented to encourage hiring. Active and passive employment policies have been linked to activation in the context of individual and personalized itineraries with the support of public employment services. This is the case with the PREPARA skills development programme, which is currently in force and will be extended automatically for as long as the unemployment rate is higher than 18 per cent, and of the Employment Activation Programme for the long-term unemployed with extreme needs, which includes an economic benefit equivalent to 80 per cent of the current monthly public indicator of multiple effect income (426 euros), which may also be compatible with remuneration received from working for another. Thanks to this latter programme, 16 per cent of programme beneficiaries have entered the labour market (15,212) (as of February 2016).
102.Strategic objective 2 of the Plan entails guaranteeing a minimum income. It is essential to strengthen the income-guarantee system by increasing unemployment subsidies, maintaining non-contributory pensions and in particular, providing support for the long-term unemployed. Recipients of a minimum income may also work part-time in order to improve their employability.
103.The proposed revision of minimum income systems for 2015–2017 would include a road map for improving the minimum-income system to make it more effective and solidary.
104.The Fund for European Aid to the Most Deprived (FEAD) 2014–2020 is designed to finance food supplies for deprived persons. The budget for Spain for the period between 2014 and 2020 amounts to over 563 million euros plus national co-financing, for a total of almost 663 million euros. Five per cent of these funds are earmarked for counselling programmes to facilitate social inclusion and labour-market insertion of the most deprived.
105.The social emergency programme is also important because it assigns priority, among other things, to covering basic needs (food, clothing, hygiene, supplies, transport and health-related expenses). Under this programme, subsidies to non-governmental organizations amounted to 19,799,370 euros in 2013, 23,878,149 euros in 2014, 23,928,149 euros in 2015 and 25,556,103 euros in 2016.
106.Other important measures are the 2014 reform of the Personal Income Tax to reduce the tax burden and increase taxpayers’ income; the introduction, in certain cases, of an annual deduction of 1,200 for dependent family members, pursuant to Act No. 25/2015, and the guaranteed tax exemption and exemption from garnishment for a whole series of public benefits, in accordance with Royal Decree-Law No. 9/2015.
107.Strategic objective 3 of the Plan, on access to quality public services to strengthen and improve the welfare State, is implemented through a plan for paying providers of health care, educational and social services and transferring funds from the administrations to non-profit social agencies in charge of implementing projects. This plan, which was applied between 2012 and 2014, was financed with 41,814 million euros, of which 30,219 euros were used to pay providers in the autonomous communities and 11,595 million euros to providers in the local governments. This made it possible to save more than 400,000 jobs.
108.In addition, the Joint Plan for the Development of Basic Social Services of Local Governments is designed to maintain the network of primary care social services and provide citizens with basic services. In 2013, the Government approved a State contribution to the Plan of 27,413,730 euros. This allocation was maintained up to 2016, and with a budget extension, up to 2017. In addition, the autonomous communities (which have full competence in the area of social services) are committed to contributing at least the same amount as the central Administration. The local governments that manage the projects also contribute.
109.In 2014, a new special fund was set up to combat childhood poverty (with a budget of 32 million euros in 2015 and 48 million euros in 2016).
110.In the area of education, the Youth in Action Programme 2007–2013, which financed projects often created by and for young people, activating individuals and developing skills, was replaced by the Erasmus+ Programme for the period 2014 to 2020.
111.In the area of health, Spain’s National Health System, which offers universal coverage, was strengthened with the reform of 2012, so as to guarantee the viability of the system and preserve its quality. Foreigners in an irregular administrative situation are entitled to emergency health services. Also, foreigners under 18 and pregnant women receive health care, on the same footing as Spanish nations, during pregnancy and during and after delivery. Royal Decree No. 1192/2012, of 3 August, governs the situation of insured persons and beneficiaries for purposes of publicly funded health care through the National Health Service; the fourth additional provision stipulates that applicants for international protection who have been authorized as such to be in Spain receive essential health care, including emergency care and basic treatment for disease. Essential care, medical or otherwise, is provided to applicants for international protection who have special needs. The fifth additional provision provides the same benefits for victims of human trafficking whose temporary stay in Spain has been authorized during the period of recovery and reflection. In order to maintain universality of coverage, benefits were extended to unemployed persons, and the qualification as non-residents of persons who had lived abroad for more than 90 days was repealed. The most vulnerable groups receive free medication pursuant to Royal Decree-Law No. 16/2012.
112.The Comprehensive National Strategy for Homeless Persons (2015–2020) involves the participation of different ministries and centres, the civil society sector, the territorial administrations and other relevant actors. The work includes prevention, sensitization, safety, restoration of life goals and improvement of information. Among other important measures, the Strategy promotes access to minimum income systems, encourages family mediation, provides support for persons who lose their home, improves employability, fosters hiring by job placement services and creates a network of information resources for homeless persons.
6.Right to housing
113.In recent years, exceptional measures have been taken to protect persons who, because of the crisis, have not been able to make mortgage payments on their home and are therefore especially vulnerable.
114.The legal point of reference is article 47 of the Constitution, which recognizes the right to decent housing. This right is enshrined in title I, section 2, chapter III of the Constitution. The right to decent housing is protected by the Ombudsperson, and is recognized, respected and protected by the law, the courts and the public authorities.
115.A number of regulations on the subject have been issued, including Royal Decree-Law No. 6/2012, Royal Decree-Law No. 27/2012, Act No. 1/2013, Act No. 25/2015 and Royal Decree-Law No. 5/2017, amending the aforementioned Royal Decree-Law No. 6/2012 and Royal Decree-Law No. 27/2012.
116.Royal Decree-Law No. 6/2012 laid down a Code of Good Practices for mortgage debtors that may be applied voluntarily by lending entities. In practice, almost all financial entities apply the Code, which provides for three, sequential phases. During the first phase, an attempt is made to come up with a viable restructuring of the mortgage. In the second phase, lending institutions may offer to write off part of the amount owed if a restructuring is not feasible. Under the third and final phase, if neither of the aforementioned measures is feasible, lenders may accept the return or assignment of the property as definitive release from the debt (dación en pago). In the latter case, families may remain in the dwelling for a period of two years by paying a reduced rent. Royal Decree-Law No. 5/2017 introduced the right to rent in the event a person’s habitual dwelling is foreclosed.
117.More moderate interest rates are applied to loan or mortgage arrears for persons who are especially vulnerable. The interest reduction is intended to lighten the financial burden created by a failure to pay.
118.Between the date of adoption of the Code of Good Practices and December 2016, a total of 46,266 transactions were carried out. Of these, 38,571 involved restructuring of outstanding debts, seven led to remission of the debt, and 7,091 cases were settled through return or assignment of the property.
119.Since the entry into force of Royal Decree-Law No. 27/2012 (up to 15 May 2020), evictions of families in especially vulnerable situations have been suspended. Act No. 1/2013 sets up an objective system of debt remission if a balance remains outstanding after a mortgaged dwelling has been auctioned and introduces the possibility of challenging, during foreclosure proceedings, any terms that are abusive.
120.Finally, Act No. 25/2015 allows for a second chance and enables debtors to get out of situations of illiquidity and over-indebtedness and once again participate in economic and social activity. In addition, the Code of Good Practices is reinforced by extending the sphere of coverage.
121.Reference should also be made to the signing of agreements on collaboration between the General Council of the Judiciary and the local and regional administrations in charge of social service in order to identify persons who are at risk and prevent them from becoming destitute. These agreements establish protocols for action to facilitate communication between judicial authorities and social services in cases of evictions arising from mortgage foreclosures or evictions of tenants in rental properties. This enables social services, which are aware of the difficulties faced by debtors, to place the affected persons in low-income housing programmes.
122.In addition, a Social Fund for Housing was created for persons who had already been evicted from their dwelling. The Fund is described in section B.19.
B.Ongoing implementation of the Covenant
7.Direct applicability of the Covenant
123.Economic, social and cultural rights are recognized in title I, chapters II and III of the Constitution. Chapter IV refers to the system of guarantees, as it stipulates that the rights and freedoms recognized in Title I, chapter II are binding on all the public authorities, and the exercise thereof shall be governed by law. Moreover, all rights are protected by the ordinary courts by virtue of the right to effective judicial protection. In the case of fundamental rights and freedoms (Title I, section 1, chapter II), preferential and summary channels are envisaged (shorter terms, fewer procedures and formalities). Once either of these two channels, the ordinary or the preferential summary channel, has been pursued, an appeal may be brought to the Constitutional Court. The Constitutional Court has drawn attention to the immediate normative value of articles 39 to 52 (guiding principles of social and economic policy) of the Constitution (Constitutional Court decision No. 80/1982), although without stating that they should be considered rules without content (Constitutional Court decision No. 14/1992, among others). In addition, the Ombudsman monitors the actions of the Administration in regard to the rights envisaged in Title I and is competent to bring an appeal of amparo to the Constitutional Court to protect the rights and liberties included in articles 14 to 29 of the Constitution.
124.The Convention has been invoked on numerous occasions before the national courts, both by the parties and by the judges themselves, as legal grounds for the defence and protection of the rights enshrined therein.
125.The following are a few examples of such cases:
Decision of the Superior Court of Justice of Madrid No. 2012/229189. Social Chamber, 21 September 2012 A case regarding changes in working conditions in which one of the parties alleged gender-based discrimination. Among the legal grounds for its decision, the Court invoked article 10.2 of the Covenant, which recognizes “special protection” for mothers during a reasonable period before and after childbirth and stipulates that working mothers should be accorded paid leave or leave with adequate social security benefits.
Constitutional Court Decision No. 10/2014 of 27 January This case involved an appeal of amparo to the Constitutional Court alleging violation of the right to education when a minor with a disability was denied enrolment. As the legal basis for its decision, the Court referred to article 13.3 of the Covenant, which refers to the “liberty of parents and, when applicable, legal guardians to choose for their children schools, other than those established by the public authorities, which conform to such minimum educational standards as may be laid down or approved by the State”.
Decision at session in the Province of Cordoba, 13 February 2014. This involved an appeal against a previous decision denying a request for annulment of an international adoption by the adoptive parents. Among other legal grounds, the decision refers to article 10 of the Covenant to deny the request for return of the child.
Decision in national session No. 2016/53501, Administrative Court, 28 April 2016 This involved an appeal against a decision of the General Secretariat of Universities of the Ministry of Education, Culture and Sports which had denied the appellant the scholarship she had requested for post-compulsory and non-university higher education. The appellant invoked article 13 of the Covenant, which establishes a commitment to establishing free education, including higher education. The appellant argued that this commitment should be integrated into the system of scholarships established to enable persons who do not have financial resources to have access to education.
8.Access to justice and legal aid
126.The Spanish Constitution recognizes the right to free legal aid in article 119. This right was further developed in Act No. 1/1996, which was recently amended to ensure its viability and proper application. The main amendments were introduced in the third final provision of Act No. 42/2015.
127.The broad sphere of application of the legislation is noteworthy. Beneficiaries of the law include, independently of their economic resources, victims of gender violence, of terrorism and of human trafficking (in cases that are related to, arise from or are a consequence of the person’s victimhood), minors and persons with intellectual disability or mental illness when they are victims of abuse or maltreatment, as well as successors or assignees of a victim who is deceased, provided they have not participated in the events.
128.Act No. 42/2015 also specifies that in proceedings initiated as a consequence of a person being a victim of the offences referred to above and, in particular, of gender violence, the same lawyer must assist the victim, provided that the victim’s right to a defence is duly guaranteed.
129.The thresholds for access to the benefit are broad enough to cover a wide range of beneficiaries. In 2013, the reference to the minimum interprofessional wage was changed in favour of the public indicator of multiple-effect income. These thresholds vary and are gradually raised depending on the number of family members and obligations involved.
130.As regards the objective scope of application, information on mediation and other extrajudicial conflict-resolution measures is expressly included in the free advice and orientation that are provided prior to the proceeding.
131.In the case of victims of gender violence, terrorism and human trafficking, as well those involving minors and persons with intellectual disabilities or mental illness, free legal aid also includes free advice and orientation immediately prior to the submission of a complaint or lawsuit.
9.Budget allocations by social sector and geographic location (2012–2016)
132.The following tables contain information on the amounts budgeted for economic benefits provided under social security for the period in question.
Evolution of expenditure on economic benefits of the social security system (Millions of euros)
Year |
Pension |
Temporary disability and other benefits |
Family and maternity non-contributory benefits |
Overall |
||||
Contributory |
Non-contributory |
Overall |
Temporary Disability |
Maternity, paternity, risks and special childcare a |
Other benefits |
|||
2012 |
103 503.79 |
1 995.01 |
105 498.80 |
5 360.16 |
2 264.05 |
399.16 |
1 010.51 |
114 532.69 |
2013 |
108 564.30 |
2 524.31 |
111 088.62 |
5 014.65 |
2 128.49 |
371.07 |
1 377.97 |
119 980.81 |
2014 |
112 170.40 |
2 241.03 |
114 411.44 |
5 472.71 |
2 141.23 |
332.73 |
1 764.27 |
124 122.37 |
2015 |
115 515.50 |
2 257.44 |
117 772.94 |
6 149.45 |
2 166.25 |
326.56 |
1 481.02 |
127 896.22 |
2016 |
118 941.72 |
2 290.85 |
121 232.57 |
5 397.96 |
2 203.37 |
348.39 |
1 547.54 |
130 729.82 |
Source: Accounts and Balances of the Social Security System 2011– 2015. 2016 Budget .
a Includes benefits for maternity, paternity, risks during pregnancy and natural breastfeeding and care for children with cancer.
Evolution of expenditure on contributory pensions by class (Millions of euros)
Year |
Disability |
Retirement |
Widowhood |
Orphans |
Relative |
Overall |
2012 |
11 732.03 |
70 528.50 |
19 516.86 |
1 464.92 |
261.48 |
103 503.79 |
2013 |
11 905.33 |
74 663.99 |
20 144.84 |
1 585.42 |
264.72 |
108 564.30 |
2014 |
11 958.24 |
77 767.05 |
20 483.51 |
1 687.50 |
274.10 |
112 170.40 |
2015 |
12 099.41 |
80 613.94 |
20 754.54 |
1 763.23 |
284.38 |
115 515.50 |
2016 |
12 235.45 |
83 561.51 |
21 040.87 |
1 810.73 |
293.16 |
118.941.72 |
Source : Accounts and Balances of the Social Security System 2011– 2015. Budget 2016133 .
133.The following tables present the distribution of economic benefits, as a percentage of GDP, with respect to the total and of contributory pensions by category:
Percentage of economic benefits with respect to GDP
Year |
Pension |
Temporary disability and other benefits |
Non-contributory family and maternity benefits |
Overall |
||||
Contributory |
Non-contributory |
Overall |
Temporary Disability |
Maternity, paternity, risks and special childcare a |
Other benefits |
|||
2012 |
9.95 |
0.19 |
10.15 |
0.52 |
0.22 |
0.04 |
0.10 |
11.02 |
2013 |
10.59 |
0.25 |
10.83 |
0.49 |
0.21 |
0.04 |
0.13 |
11.70 |
2014 |
10.82 |
0.22 |
11.03 |
0.53 |
0.21 |
0.03 |
0.17 |
11.97 |
2015 |
10.74 |
0.21 |
10.95 |
0.57 |
0.20 |
0.03 |
0.14 |
11.89 |
2016 |
10.65 |
0.21 |
10.85 |
0.48 |
0.20 |
0.03 |
0.14 |
11.70 |
Source : Accounts and Balances of the Social Security System 2011– 2015 2016 Budget National Statistical Institute .
a Includes benefits for maternity, paternity, risks during pregnancy and natural breastfeeding and care for children with cancer.
Expenditure on contributory pensions as a percentage of GDP, by category
Year |
Disability |
Retirement |
Widowhood |
Orphans |
Relatives |
Overall |
2012 |
1.13 |
6.78 |
1.88 |
0.14 |
0.03 |
9.95 |
2013 |
1.16 |
7.28 |
1.96 |
0.15 |
0.03 |
10.59 |
2014 |
1.15 |
7.50 |
1.98 |
0.16 |
0.03 |
10.82 |
2015 |
1.12 |
7.49 |
1.93 |
0.16 |
0.03 |
10.74 |
2016 |
1.10 |
7.48 |
1.88 |
0.16 |
0.03 |
10.65 |
Source : Accounts and Balances of the Social Security System 2011– 2015. 2016 Budget. National Statistical Institute .
134.The European statistical agency Eurostat has provided the following information on expenditure for social protection, by category, as a percentage of GDP, according to the most recent data available:
Total expenditure on social protection as percentage of GDP: Spain
Category |
2012 |
2013 |
2014 |
Sickness |
6.6 |
6.5 |
6.5 |
Disability |
1.8 |
1.9 |
1.8 |
Old age |
9.1 |
9.6 |
9.8 |
Survivors |
2.3 |
2.4 |
2.5 |
Family |
1.3 |
1.4 |
1.3 |
Unemployment |
3.4 |
3.3 |
2.7 |
Housing |
0.1 |
0.1 |
0.1 |
Social exclusion |
0.2 |
0.2 |
0.3 |
All categories |
25.0 |
25.3 |
24.9 |
Operating costs |
0.5 |
0.5 |
0.5 |
Other expenditures |
0.0 |
0.0 |
0.0 |
Total expenditures: Spain |
25.5 |
25.8 |
25.4 |
Source : Eurostat.
Total expenditure on social protection as a percentage of GDP: Spain
Category |
2012 |
2013 |
2014 |
Sickness |
26.0 |
25.0 |
25.6 |
Disability |
7.1 |
7.2 |
7.2 |
Old age |
35.6 |
37.1 |
38.5 |
Survival |
9.2 |
9.5 |
9.7 |
Family |
5.3 |
5.3 |
5.2 |
Unemployment |
13.5 |
12.7 |
10.6 |
Housing |
0.6 |
0.4 |
0.4 |
Social exclusion |
0.9 |
0.9 |
1.0 |
All categories |
98.1 |
98.1 |
98.2 |
Operating costs |
1.9 |
1.9 |
1.8 |
Other expenditures |
0.0 |
0.0 |
0.0 |
Total expenditures: Spain |
100.0 |
100.0 |
100.0 |
Source : Eurostat.
135.The following amounts were transferred during the period between 2012 and 2016 for dependency benefits:
Minimum level (millions of euros) |
Additional funds (millions of euros) |
Overall (millions of euros ) |
|
2012 |
1 406 |
1 960 |
3 366 |
2013 |
1 207 |
2 225 |
3 432 |
2014 |
1 140 |
2 402 |
3 542 |
2015 |
1 189 |
2 483 |
3 672 |
2016 |
1 190 |
2 479 |
3 669 |
Overall |
6 132 |
11 549 |
17 681 |
136.The following tables present a breakdown of the above amounts by year and by autonomous community.
2012 (Euros)
Autonomous community |
Minimum level 2012 |
Additional resources (arts. 5 and 6, Act No. 22/2009) |
Overall 2012 |
Andalusia |
345 892 408.71 |
483 178 498.27 |
829 070.906.98 |
Aragon |
41 041 370.81 |
80 612 766.65 |
121 654.137.46 |
Asturias |
26 347 842.38 |
59 871 815.07 |
86 219.657.45 |
Balearic Islands |
18 762 188.15 |
41 551 637.38 |
60 313.825.53 |
Canary Islands |
28 867 225.94 |
49 909 782.61 |
78 777.008.55 |
Cantabria |
19 458 152.89 |
35 006 582.06 |
54 464.734.95 |
Castile and Leon |
103 176 153.89 |
131 349 397.96 |
234 525.551.85 |
Castile-La Mancha |
67 171 409.43 |
117 940 502.27 |
185 111.911.70 |
Catalonia |
243 543 171.76 |
348 521 705.54 |
592 064.877.30 |
Valencia |
82 549 700.62 |
148 464 169.72 |
231 013.870.34 |
Extremadura |
36 417 845.72 |
58 626 561.01 |
95 044.406.73 |
Galicia |
78 937 818.06 |
143 014 937.97 |
221 952.756.03 |
Madrid |
141 977 218.65 |
168 517 741.06 |
310 494.959.71 |
Murcia |
54 143 208.72 |
70 102 822.41 |
124 246.031.13 |
Navarre |
12 569 027.71 |
0.00 |
12 569.027.71 |
Basque Country |
92 006 000.00 |
0.00 |
92 006.000.00 |
La Rioja |
13 420 430.30 |
23 331 080.02 |
36751.510.32 |
Overall |
1 406 281 173.74 |
1 960 000 000.00 |
3 366 281.17374 |
2013 (Euros)
Autonomous communit y |
Minimum level 2013 |
Additional resources (arts. 5 and 6, Act No. 22/2009) |
Overall 2013 |
Andalusia |
272 126 850.44 |
548 504 903.45 |
820 631 753.89 |
Aragon |
25 627 087.01 |
91 510 464.06 |
117 137 551.07 |
Asturias |
23 351 967.01 |
67 962 491.15 |
91 314 458.16 |
Balearic Islands |
20 494 124.55 |
47 167 930.44 |
67 662 054.99 |
Canary Islands |
23 124 406.78 |
56 660 903.85 |
79 785 310.63 |
Cantabria |
24 136 277.41 |
39 744 515.22 |
63 880 792.63 |
Castile and Leon |
86 786 099.76 |
149 116 166.21 |
235 902 265.97 |
Castile-La Mancha |
59 678 324.37 |
133 891 416.44 |
193 569 740.81 |
Catalonia |
212 008 756.35 |
395 645 536.35 |
607 654 292.70 |
Valencia |
59 957 951.67 |
168 534 020.83 |
228 491 972.50 |
Extremadura |
37 909 804.44 |
66 549 792.74 |
104 459 597.18 |
Galicia |
67 106 498.01 |
162 352 340.51 |
229 458 838.52 |
Madrid |
143 254 551.14 |
191 299 160.85 |
334 553 711.99 |
Murcia |
50 140 646.05 |
79 579 011.22 |
129 719 657.27 |
Navarre |
11 554 465.78 |
0 |
11 554 465.78 |
Basque Country |
78 891 805.72 |
0 |
78 891 805.72 |
La Rioja |
10 639 517.15 |
26 481 346.68 |
37 120 863.83 |
Overall |
1 206 789 133.64 |
2 225 000 000.00 |
3 431 789 133.64 |
2014
Autonomous communit y |
Minimum level 2014 |
Additional resources (arts. 5 and 6, Act No. 22/2009) |
Overall 2014 |
Andalusia |
252 156 059.85 |
592 090 000.00 |
844 246 059.85 |
Aragon |
28 290 674.43 |
98 780 000.00 |
127 070 674.43 |
Asturias |
24 902 549.12 |
73 360 000.00 |
98 262 549.12 |
Balearic Islands |
19 236 454.33 |
50 920 000.00 |
70 156 454.33 |
Canary Islands |
25 085 447.74 |
61 160 000.00 |
86 245 447.74 |
Cantabria |
18 064 835.67 |
42 900 000.00 |
60 964 835.67 |
Castile and Leon |
89 678 069.78 |
160 960000.00 |
250 638 069.78 |
Castile-La Mancha |
60 452 635.31 |
144 530 000.00 |
204 982 635.31 |
Catalonia |
185 527 439.78 |
427 090 000.00 |
612 617 439.78 |
Valencia |
60 265 258.69 |
181 920 000.00 |
242 185 258.69 |
Extremadura |
36 976 378.43 |
71 840 000.00 |
108 816 378.43 |
Galicia |
64 767 341.27 |
175 260 000.00 |
240 027 341.27 |
Madrid |
144 231 135.86 |
206 500 000.00 |
350 731 135.86 |
Murcia |
53 425 460.08 |
85 900 00000 |
139 325 460.08 |
Navarre |
12 219 324.99 |
12 219 324.99 |
|
Basque Country |
54 663 569.30 |
54 663 569.30 |
|
La Rioja |
10 125 823.19 |
28 590 000.00 |
38 715 823.19 |
Overall |
1 140 068 457.82 |
2 401 800 000.00 |
3 541 868 457.82 |
2015
Autonomous community |
Minimum level |
Additional resources (arts. 5 and 6, Act No. 22/2009) |
Overall 2015 |
Andalusia |
243 311 194.36 |
612 100 918.48 |
855 412 112.84 |
Aragon |
30 887 937.88 |
102 121 449.03 |
133 009 386.91 |
Asturias |
22 493 969.62 |
75 843 150.89 |
98 337 120.51 |
Balearic Islands |
16 709 317.03 |
52 644 877.24 |
69 354 194.27 |
Canary Islands |
27 827 720.61 |
63 228 783.06 |
91 056 503.67 |
Cantabria |
18 157 874.32 |
44 356 276.30 |
62 514 150.62 |
Castile and Leon |
95 083 629.10 |
166 399 794.58 |
261 483 423.68 |
Castile-La Mancha |
57 712 049.71 |
149 410 614.89 |
207 122 664.60 |
Catalonia |
210 395 256.57 |
441 522 491.95 |
651 917 748.52 |
Valencia |
63 376 779.32 |
188 077 673.97 |
251 454 453.29 |
Extremadura |
35 596 639.31 |
74 273 711.66 |
109 870 350.97 |
Galicia |
73 086 225.94 |
181 181 950.34 |
254 268 176.28 |
Madrid |
160 915 335.09 |
213 482 971.54 |
374 398 306.63 |
Murcia |
50 980 136.60 |
88 800 833.55 |
139 780 970.15 |
Navarre |
11 310 099.72 |
0 |
11 310 099.72 |
Basque Country |
62 366 453.57 |
0 |
62 366 453.57 |
La Rioja |
9 184 560.69 |
29 554 502.54 |
38 739 063.23 |
Overall |
1 189 395 179.44 |
2 483 000 000.00 |
3 672 395 179.44 |
2016 (Euros)
Autonomous communit y |
Minimum level 2016 |
Additional resources (arts. 5 and 6, Act No. 22/2009) |
Overall 2016 |
Andalusia |
233 756 109.46 |
611 120 000.00 |
844 876 109.46 |
Aragon |
31 018 666.00 |
101 960 000.00 |
132 978 666.00 |
Asturias |
25 050 641.64 |
75 720 000.00 |
100 770 641.64 |
Balearic Islands |
19 671 284.03 |
52 560 000.00 |
72 231 284.03 |
Canary Islands |
26 650 466.62 |
63 130 000.00 |
89 780 466.62 |
Cantabria |
16 648 269.71 |
44 280 000.00 |
60 928 269.71 |
Castile and Leon |
104 716 005.17 |
166 130 000.00 |
270 846 005.17 |
Castile-La Mancha |
57 131 802.90 |
149 170 000.00 |
206 301 802.90 |
Catalonia |
181 326 692.57 |
440 810 000.00 |
622 136 692.57 |
Valencia |
79 601 934.24 |
187 770 000.00 |
267 371 934.24 |
Extremadura |
35 474 066.42 |
74 150 000.00 |
109 624 066.42 |
Galicia |
85 992 635.20 |
180 890 000.00 |
266 882 635.20 |
Madrid |
158 906 900.96 |
213 140 000.00 |
372 046 900.96 |
Murcia |
47 120 681.02 |
88 660 000. 0 0 |
135 780 681.02 |
Navarre |
11 626 335.00 |
0 |
11 626 335.00 |
Basque Country |
66 237 827.25 |
0 |
66 237 827.25 |
La Rioja |
9 105 312.18 |
29 510 000.00 |
38 615 312.18 |
Overall |
1 190 035 630.37 |
2 479 000 000.00 |
3 669 035 630.37 |
Total, 2012–2016 (Euros)
Autonomous community |
Cumulative total, 2012– 2016 |
Andalusia |
4 194 236 943.02 |
Aragon |
631 850 415.87 |
Asturias |
474 904 426.88 |
Balearic Islands |
339 717 813.15 |
Canary Islands |
425 644 737.22 |
Cantabria |
302 752 783.57 |
Castile and Leon |
1 253 395 316.45 |
Castile-La Mancha |
997 088 755.32 |
Catalonia |
3 086 391 050.87 |
Valencia |
1 220 517 489.06 |
Extremadura |
527 814 799.73 |
Galicia |
1 212 589 747.30 |
Madrid |
1 742 225 015.15 |
Murcia |
668 852 799.65 |
Navarre |
59 279 253.20 |
Basque Country |
354 165 655.84 |
La Rioja |
189 942 572.74 |
Overall |
17 681 369 575.01 |
Public expenditure on education in Spain
Millions of euros |
% of GDP |
|
2012 |
46 476.4 |
4.47 |
2013 |
44 974.6 |
4.39 |
2014 |
44 846.8 |
4.32 |
201 5 p |
46 648.8 |
4.34 |
2016 e |
47 883.1 |
4.30 |
Source : Statistics on Public Expenditure in Education. Ministry of Education, Culture and Sport.
p Provisional data .
e Estimate based on initial budgets .
137.On the matter of how fiscal and tax policies have helped increase the availability of resources for the protection of economic, social and cultural rights, the tax reform of 2014 is aimed at improving the efficiency of resource allocation.
138.Among other changes, the personal income tax burden was reduced, especially in terms of earnings from work or lower-income economic activities and for persons with larger families. Also, new deductions were introduced for disability and large or single-parent families.
139.According to the Stability Programme Update of the Kingdom of Spain 2016–2019, the positive impact of the tax reform on GDP growth and employment in 2015 is estimated at 0.34 and 0.24 percentage points, in that order. These calculations are based on the Rational Expectations Model for Simulation of the Spanish Economy developed by the Ministry of Finance and Public Administration.
140.The personal income tax reduction for 2015 was increased with the adoption of a new tax rate under Royal Decree-Law No. 9/2015, which also provides for an exemption for public assistance granted by the autonomous communities or local entities to help groups at risk of social exclusion.
10.Statistical data on the enjoyment of economic, social and cultural rights
141.The following tables contain the statistical data requested on the number of beneficiaries of social security economic benefits, as well as on expenditures and average amounts, disaggregated by autonomous community, sex and age.
Expenditure on pensions, by autonomous community (Euros)
Autonomous community |
2011 |
2012 |
2013 |
2014 |
2015 |
Andalusia |
14 509 243 022.22 |
15 021 275 291.22 |
15 718 124 329.01 |
16 222 931 459.24 |
16 657 027 424.60 |
Aragon |
3 326 438 425.68 |
3 453 295 273.67 |
3 612 070 394.89 |
3 722 524 767.35 |
3 821 909 935.09 |
Asturias |
3 968 746 182.02 |
4 081 787 634.72 |
4 210 326 896.82 |
4 301 175 798.40 |
4 393 875 120.15 |
Balearic Islands |
1 744 057 152.82 |
1 827 440 059.68 |
1 927 182 056.71 |
2 000 033 048.63 |
2 073 381 048.00 |
Canary Islands |
2 774 821 971.74 |
2 918 919 354.60 |
3 095 940 058.76 |
3 232 379 728.78 |
3 368 504 151.19 |
Cantabria |
1 551 216 159.08 |
1 605 745 335.26 |
1 673 547 734.96 |
1 722 903 519.30 |
1 767 855 413.77 |
Castile-La Mancha |
3 637 714 702.66 |
3 762 814 663.83 |
3 931 426 747.54 |
4 042 679 112.23 |
4 143 298 029.10 |
Castile and Leon |
6 465 812 211.47 |
6 669 994 246.87 |
6 947 000 113.24 |
7 136 677 571.58 |
7 314 129 672.45 |
Catalonia |
18 407 393 670.81 |
19 206 317 348.52 |
20 187 048 182.89 |
20 848 579 810.18 |
21 465 210 491.66 |
Extremadura |
2 008 669 744.35 |
2 066 035 431.44 |
2 155 594 742.79 |
2 215 612 472.09 |
2 266 693 939.48 |
Galicia |
6 898 986 281.55 |
7 132 662585.85 |
7 443 005 237.66 |
7 658 250 329.16 |
7 859 283 025.14 |
La Rioja |
694 146 825.60 |
718 881 081.34 |
752 987 876.45 |
778 743 677.24 |
802 444 123.26 |
Madrid |
13 264 847 099.88 |
13 919 599 582.45 |
14 744 780 241.34 |
15 367 122 739.12 |
15 955 256 146.65 |
Murcia |
2 256 035 145.67 |
2 341 049 258.40 |
2 459 721 765.27 |
2 540 234 161.28 |
2 613 243 997.02 |
Navarre |
1 546 682 577.42 |
1 618 121 775.84 |
1 704 794 712.91 |
1 769 486 640.03 |
1 832 642 118.61 |
Valencia |
9 305 300 202.26 |
9 702 569 662.06 |
10 184 941 474.99 |
10 534 404 042.13 |
10 841 656 337.82 |
Basque Country |
7 001 114 734.33 |
7 279 451 717.90 |
7 631 633 384.90 |
7 887 969 569.68 |
8 145 617 845.71 |
Ceuta |
93 251 505.01 |
95 998 026.77 |
99 621 605.44 |
101 919 207.05 |
104 726 336.80 |
Melilla |
79 227 771.36 |
81 834 189.99 |
84 557 329.64 |
86 774 263.25 |
88 746 858.06 |
Overall |
99 533 705 385.93 |
103 503 792 520.41 |
108 564 304.886.21 |
112 170 401 916.72 |
115 515 502 014.56 |
Source : Social Secu rity Accounts and Balances 2013– 2015 .
Average monthly pension in force, by autonomous community, as of 1 January (in euros/month)
Autonomous community |
2012 |
2013 |
2014 |
2015 |
2016 |
Andalusia |
752.77 |
774.29 |
785.26 |
795.34 |
807.73 |
Aragon |
855.09 |
885.05 |
902.98 |
919.65 |
939.51 |
Asturias |
977.50 |
1 005.19 |
1 021.34 |
1 039.22 |
1 058.72 |
Balearic Islands |
751.19 |
777.72 |
792.96 |
808.40 |
825.30 |
Canary Islands |
771.72 |
795.82 |
807.58 |
817.34 |
830.47 |
Cantabria |
855.71 |
884.02 |
901.57 |
919.02 |
938.32 |
Castile-La Mancha |
769.08 |
794.04 |
805.28 |
816.15 |
829.34 |
Castile and Leon |
801.57 |
828.63 |
845.37 |
861.45 |
878.93 |
Catalonia |
849.07 |
877.85 |
894.18 |
910.31 |
928.65 |
Extremadura |
700.83 |
720.14 |
729.52 |
737.98 |
749.07 |
Galicia |
690.12 |
714.06 |
728.22 |
741.49 |
756.24 |
La Rioja |
787.02 |
814.42 |
832.31 |
849.63 |
868.06 |
Madrid |
973.47 |
1 004.62 |
1 023.77 |
1 040.77 |
1 060.23 |
Murcia |
725.65 |
749.47 |
763.01 |
775.02 |
788.85 |
Navarre |
931.71 |
964.89 |
984.21 |
1 003.10 |
1 025.71 |
Valencia |
756.02 |
781.30 |
796.29 |
810.38 |
825.82 |
Basque Country |
1 015.54 |
1 048.30 |
1 068.10 |
1 088.28 |
1 110.76 |
Ceuta |
869.37 |
886.45 |
894.34 |
903.72 |
917.21 |
Melilla |
799.91 |
816.89 |
825.80 |
830.30 |
844.72 |
Overall |
822.82 |
849.60 |
864.92 |
879.52 |
896.30 |
Source : Social Secu rity Accounts and Balances 2013– 2015 .
Pensions in force, by class, as of 1 December 2016 (System total)
Autonomous community |
Permanent disability |
Retirement |
Widow hood |
Orphans |
Family members |
Total pensions |
||||||
Number |
Average pension |
Number |
Average pension |
Number |
Average pension |
Number |
Average pension |
Number |
Average pension |
Number |
Average pension |
|
Andalusia |
206 158 |
860.42 |
842 683 |
949.16 |
389 338 |
603.31 |
69 746 |
356.36 |
9 402 |
502.06 |
1 517.327 |
818.34 |
Aragon |
23 784 |
1 008.55 |
188 236 |
1 095.02 |
75 954 |
666.45 |
9 364 |
394.12 |
918 |
556.16 |
298.256 |
955.32 |
Asturias |
31 115 |
1 089.54 |
175 804 |
1 279.26 |
83 802 |
710.88 |
8 959 |
450.07 |
1 638 |
695.81 |
301 318 |
1 073.77 |
Balearic Islands |
17 779 |
849.14 |
116 824 |
964.69 |
44 200 |
582 |
6 258 |
330.33 |
133 |
513.81 |
185 194 |
840.5 |
Canary Islands |
37 451 |
850.75 |
169 225 |
991.93 |
78 805 |
620.03 |
16 725 |
350.27 |
1 989 |
522.95 |
304 195 |
839.86 |
Cantabria |
13 459 |
975.38 |
83 432 |
1 115.11 |
35 661 |
656.15 |
4 572 |
405.52 |
1 193 |
573.22 |
138 317 |
955.05 |
Castile-La Mancha |
42 616 |
855.76 |
208 902 |
968.93 |
96 938 |
638.59 |
15 100 |
371.13 |
2 387 |
485.85 |
365 943 |
840.42 |
Castile and Leon |
45 646 |
930.9 |
381 242 |
1 027.69 |
157 476 |
630.64 |
19 680 |
406.58 |
3 718 |
536.26 |
607 762 |
894.42 |
Catalonia |
165 637 |
1 015.36 |
1 084 288 |
1 067.98 |
396 258 |
647.95 |
48 261 |
374.87 |
1 416 |
554.42 |
1 695 860 |
944.54 |
Extremadura |
25 646 |
773.37 |
123 227 |
867.43 |
61 691 |
605.75 |
10 075 |
365.99 |
1 815 |
475.08 |
222 454 |
758.1 |
Galicia |
69 432 |
827.99 |
470 686 |
873.52 |
187 409 |
542.92 |
23 948 |
370.3 |
6 137 |
477.72 |
757.612 |
768.46 |
La Rioja |
4 870 |
939.94 |
44 787 |
993.11 |
16 208 |
631.04 |
1 944 |
374.43 |
181 |
533.71 |
67 990 |
884.07 |
Madrid |
77 751 |
1 022.72 |
732 633 |
1 243.67 |
266 985 |
727.42 |
35 474 |
406.14 |
2 941 |
570.37 |
1 115 784 |
1.076.35 |
Murcia |
31 909 |
826.07 |
137 007 |
927.72 |
61 431 |
589.98 |
11 211 |
348.06 |
1 105 |
502.05 |
242 663 |
800.13 |
Navarre |
11 074 |
1 102.41 |
86 867 |
1 189.24 |
29 635 |
692.95 |
4 190 |
397.47 |
401 |
570.66 |
132 167 |
1.043.71 |
Valencia |
95 562 |
885.22 |
587 277 |
957.78 |
242 144 |
608.07 |
36 874 |
354.33 |
2 522 |
510.15 |
964 379 |
838.54 |
Basque Country |
42 566 |
1 193.12 |
344 269 |
1 299.01 |
135 414 |
762.91 |
15 570 |
445.34 |
2 300 |
656.03 |
540 119 |
1.128.91 |
Ceuta |
947 |
1 079.37 |
4 032 |
1 146.80 |
2 657 |
693.4 |
702 |
327.06 |
45 |
541.45 |
8 383 |
923.58 |
Melilla |
1 198 |
959.75 |
3 327 |
1 105.81 |
2 382 |
651.76 |
818 |
296.87 |
34 |
522.88 |
7 759 |
856.03 |
Overall |
944 600 |
931.65 |
5 784 748 |
1 050.82 |
2 364 388 |
640.89 |
339 471 |
376.42 |
40 275 |
528.64 |
9 473 482 |
910.24 |
Pensions in force as of 1 January 2017, distribution by class and by age group (Men)
Number |
||||||
Age group |
Permanent disability * |
Retirement * |
Widowhood |
Orphans |
Family members |
Overall |
0 – 4 |
1 470 |
1 470 |
||||
5 – 9 |
7 292 |
4 |
7 296 |
|||
10 – 14 |
16 644 |
15 |
16 659 |
|||
15 – 19 |
1 |
29 804 |
45 |
29 850 |
||
20 – 24 |
266 |
1 |
44 913 |
54 |
45 234 |
|
25 – 29 |
3 205 |
19 |
2 360 |
279 |
5 863 |
|
30 – 34 |
11 309 |
227 |
2 557 |
195 |
14 288 |
|
35 – 39 |
27 361 |
935 |
4 767 |
204 |
33 267 |
|
40 – 44 |
48 445 |
2 489 |
8 116 |
243 |
59 293 |
|
45 – 49 |
74 422 |
67 |
4 979 |
11 319 |
879 |
91 666 |
50 – 54 |
108 299 |
639 |
8 996 |
13 653 |
2 249 |
133 836 |
55 – 59 |
150 903 |
11 185 |
14 319 |
12 287 |
2 279 |
190 973 |
60 – 64 |
183 419 |
256 630 |
17 873 |
9 056 |
1 907 |
468 885 |
65 – 69 |
1 428 |
931 740 |
19 535 |
6 080 |
1 143 |
959 926 |
70 – 74 |
46 |
833 915 |
20 138 |
3 746 |
745 |
858 590 |
75 – 79 |
60 |
600 702 |
19 768 |
1 669 |
333 |
622 532 |
80 – 84 |
125 |
539 640 |
26 959 |
1 000 |
312 |
568 036 |
85 and over |
336 |
452 080 |
42 147 |
443 |
452 |
495 458 |
Not available |
3 |
61 |
1 |
65 |
||
Overall |
609 628 |
3 626 659 |
178 385 |
177 177 |
11 338 |
4 603 187 |
Average pension |
||||||
Age group |
Permanent disability * |
Retirement * |
Widowhood |
Orphans |
Family members |
Overall |
0 – 4 |
290.88 |
290.88 |
||||
5 – 9 |
290.36 |
293.03 |
290.37 |
|||
10 – 14 |
286.45 |
261.30 |
286.43 |
|||
15 – 19 |
358.47 |
287.76 |
253.58 |
287.71 |
||
20 – 24 |
660.30 |
529.80 |
296.00 |
319.41 |
298.17 |
|
25 – 29 |
725.45 |
568.30 |
327.26 |
270.43 |
543.01 |
|
30 – 34 |
792.88 |
612.55 |
350.75 |
270.50 |
703.77 |
|
35 – 39 |
848.84 |
643.02 |
369.17 |
253.43 |
770.67 |
|
40 – 44 |
867.40 |
658.93 |
407.73 |
231.61 |
793.13 |
|
45 – 49 |
876.52 |
2 109 . 80 |
628.22 |
457.06 |
484.27 |
808.38 |
50 – 54 |
906.11 |
2 308 . 62 |
612.49 |
502.42 |
504.45 |
845.13 |
55 – 59 |
1 051.21 |
2 166 . 14 |
603.47 |
53450 |
535.99 |
1 043.55 |
60 – 64 |
1 124.08 |
1 555 . 33 |
608.83 |
562.11 |
539.95 |
1 327.25 |
65 – 69 |
1 085.08 |
1 373 . 63 |
545.44 |
561.39 |
562.28 |
1 350.23 |
70 – 74 |
381.44 |
1 279 . 37 |
479.49 |
565.87 |
530.35 |
1 256.80 |
75 – 79 |
386.25 |
1 129 . 38 |
438.68 |
568.10 |
505.40 |
1 105.54 |
80 – 84 |
390.51 |
1 035 . 22 |
409.33 |
570.18 |
465.41 |
1 004.24 |
85 and over |
389.28 |
949 . 29 |
376.42 |
617.20 |
447.58 |
899.42 |
Not available |
938.77 |
1 460 . 19 |
677.70 |
1 424.09 |
||
Overall |
995.13 |
1 223 . 73 |
484.54 |
377.80 |
496.99 |
1 130.46 |
Pensions in force as of 1 January 2017, by class and by age group (women)
Number |
||||||
Age group |
Permanent disability * |
Retirement * |
Widowhood |
Orphans |
Family members |
Overall |
0 – 4 |
1 386 |
1 386 |
||||
5 – 9 |
6 877 |
6 |
6 883 |
|||
10 – 14 |
16 046 |
19 |
16 065 |
|||
15 – 19 |
1 |
27 997 |
40 |
28 038 |
||
20 – 24 |
96 |
23 |
44 243 |
45 |
44 407 |
|
25 – 29 |
1 213 |
323 |
1 974 |
245 |
3 755 |
|
30 – 34 |
4 960 |
1 664 |
1 694 |
173 |
8 491 |
|
35 – 39 |
13 404 |
5 619 |
3 340 |
169 |
22 532 |
|
40 – 44 |
25 049 |
13 399 |
5 557 |
219 |
44 224 |
|
45 – 49 |
38 717 |
18 |
29 456 |
7 852 |
840 |
76 883 |
50 – 54 |
55 984 |
180 |
54 984 |
9 561 |
2 540 |
123 249 |
55 – 59 |
82 752 |
637 |
89 631 |
9 471 |
3 731 |
186 222 |
60 – 64 |
99 625 |
92 538 |
128 179 |
7 768 |
3 980 |
332 090 |
65 – 69 |
633 |
547 216 |
187 702 |
6 312 |
3 483 |
745 346 |
70 – 74 |
122 |
483 667 |
264 231 |
4 751 |
3 200 |
755 971 |
75 – 79 |
290 |
347 567 |
313 774 |
2 882 |
2 502 |
667 015 |
80 – 84 |
1 137 |
320 353 |
444 113 |
2 174 |
2 903 |
770 680 |
85 and over |
9 536 |
365 411 |
647 514 |
1 457 |
4818 |
1 028 736 |
Not available |
2 |
17 |
54 |
2 |
1 |
76 |
Overall |
333 521 |
2 157 604 |
2 180 666 |
161 344 |
28 914 |
4 862 049 |
Average pension |
||||||
Age group |
Permanent disability * |
Retirement * |
Widowhood |
Orphans |
Family members |
Overall |
0 – 4 |
293.42 |
293.42 |
||||
5 – 9 |
286.76 |
227.87 |
286.71 |
|||
10 – 14 |
286.95 |
242.98 |
286.89 |
|||
15 – 19 |
357.11 |
287.78 |
308.68 |
287.81 |
||
20 – 24 |
540.85 |
644.48 |
294.83 |
379.05 |
295.63 |
|
25 – 29 |
632.93 |
691.08 |
327.35 |
252.43 |
452.47 |
|
30 – 34 |
720.94 |
711.97 |
353.05 |
270.34 |
636.60 |
|
35 – 39 |
768.80 |
740.07 |
372.02 |
251.95 |
698.94 |
|
40 – 44 |
789.93 |
736.53 |
411.03 |
253.89 |
723.48 |
|
45 – 49 |
776.27 |
1 814.77 |
702.77 |
462.01 |
495.44 |
713.19 |
50 – 54 |
780.40 |
2 019.98 |
697.32 |
504.86 |
537.96 |
718.78 |
55 – 59 |
870.62 |
1 801.93 |
705.21 |
541.52 |
575.82 |
771.55 |
60 – 64 |
900.38 |
1 388.28 |
730.45 |
565.44 |
585.73 |
959.14 |
65 – 69 |
872.81 |
961.31 |
712.47 |
573.91 |
599.21 |
893.60 |
70 – 74 |
393.69 |
771.85 |
686.85 |
570.42 |
569.42 |
739.96 |
75 – 79 |
389.46 |
658.13 |
663.07 |
570.96 |
559.18 |
659.59 |
80 – 84 |
389.39 |
611.15 |
643.50 |
583.68 |
548.31 |
629.15 |
85 and over |
385.11 |
570.74 |
601.79 |
59620 |
482.79 |
588.19 |
Not available |
468.24 |
680.09 |
643.13 |
677.70 |
470.90 |
645.44 |
Overall |
823.96 |
770.52 |
655.80 |
377.75 |
544.06 |
708.35 |
Autonomous community |
2011 |
2012 |
2013 |
2014 |
2015 |
Andalusia |
363 529 820.53 |
306 282 140.14 |
279 435.374.66 |
289 016 820.39 |
308 005 503.93 |
Aragon |
61 735 982.46 |
54 848 027.77 |
51 366.873.32 |
52 191 287.51 |
54 957 605.08 |
Asturias |
86 103 720.23 |
71 031 662.34 |
66 708.667.57 |
65 996 380.59 |
65 649 619.57 |
Balearic Islands |
36 220 760.20 |
26 476 074.58 |
25 111.628.09 |
28 516 808.02 |
30 277 730.86 |
Canary Islands |
98 180 256.50 |
75 215 291.05 |
69 336.157.84 |
78 308 985.21 |
93 711 646.13 |
Cantabria |
33 323 901.10 |
26 780 182.04 |
24 689.483.84 |
25 526 232.28 |
26 599 630.99 |
Castile-La Mancha |
86 971 374.34 |
64 959 950.65 |
52 027.028.40 |
53 406 600.07 |
56 019 745.77 |
Castile and Leon |
87 008 210.08 |
73 784 692.13 |
68 295.747.94 |
71 137 484.81 |
73 805 928.50 |
Catalonia |
378 589 841.70 |
318 887 807.27 |
285 816.142.80 |
287 565 594.68 |
297 211 309.40 |
Extremadura |
47 986 187.50 |
42 773 921.11 |
41 690.811.87 |
46 512 915.14 |
49 920 102.84 |
Galicia |
170 041 995.99 |
143 229 257.48 |
132 794.380.15 |
135 787 015.82 |
149 416 920.00 |
La Rioja |
6 840 455.77 |
5 881 159.31 |
5 427.881.72 |
5 200 075.10 |
4 572 672.72 |
Madrid |
284 195 500.53 |
221 651 526.37 |
204 790.757.82 |
219 823 849.95 |
230 938 445.68 |
Murcia |
92 832 953.57 |
82 006 062.91 |
67 961.482.35 |
68 561 238.22 |
72 907 055.07 |
Navarre |
37 510 808.46 |
31 194 610.82 |
30 309.219.04 |
33 910 979.39 |
36 733 504.44 |
Valencia |
210 411 493.25 |
165 638 776.10 |
144 938.350.54 |
140 959 283.86 |
153 636 113.25 |
Basque Country |
219 888 515.57 |
177 974 007.23 |
160 032.903.50 |
179 218 748.43 |
201 330 088.80 |
Ceuta |
3 082 101.60 |
3 135 611.46 |
2 437.23321 |
2 960 714.56 |
3 475 679.25 |
Melilla |
3260 315.82 |
3 260794.72 |
2 680.12990 |
3 315 339.38 |
4 151 400.83 |
Overall |
2 307 714 195.20 |
1 895 011 555.48 |
1 715 850 254.56 |
1 787 916 353.41 |
1 913 320 703.11 |
Source : Social Security Accounts and Balances 2013– 2015 .
Note : Does not include expenditure of sector-specific social security schemes that supplement the national social security system.
142.As of 31 July 2017, data on the number of beneficiaries of dependency benefits broken down by autonomous community, sex and age, showed an increase of more than 171,000 over the figures for 2011, and that trend is continuing. As of July 2017, more than 900,000 persons — specifically 909,973 — were receiving benefits, which was the highest level ever.
143.More than 86 per cent of new beneficiaries have been added over the last few years. Eight of every 10 persons receiving benefits under Act No. 39/2006 of 14 December, specifically 86.98 per cent (791,499), began receiving those benefits between 2012 and July 2017; this means that most beneficiaries have entered the dependency benefits system during the last few years (since January 2012).
144.It is also interesting to note that fewer people are pending receipt of their benefits. A comparison of persons who are not yet receiving benefits will not be the same for the grades and levels that were in force before 1 July 2015 as for the grade that was included in the system on that date. Thus, for the grades and levels that were in force before 1 August 2015, 185,016 fewer persons are pending receipt of benefits now than in 2011, indicating that the size of that group has declined by 60.47 per cent.
145.Of the persons who had entered the system as of this writing in 2017, 74.47 per cent were already receiving benefits.
146.Two thirds of the over one million dependency benefits granted are for professional services. In other words, benefits in the form of services represent 66.45 per cent of the total, while 33.55 per cent are comprised of economic benefits for home care.
147.This means that benefits for professional services are currently 11.86 percentage points higher than the 54.6 per cent figure for 2011.
148.As for persons with severe and major dependency as of 31 July 2017, a total of 704,706 persons were receiving benefits, indicating a coverage of 95.35 per cent of the 825,631 persons in grades III and II, compared with 71.1 per cent in 2011.
149.With respect to grade I, as of 31 July 2017, a total of 205,267 persons were receiving benefits, indicating a coverage of 51.44 per cent of all entitled persons, compared with 14.02 per cent in July 2015, when the benefits were fully implemented.
150.Most of the persons with a severe or major level of dependency (grades III and II) who were pending receipt of benefits, specifically 71.34 per cent, are in only seven autonomous communities: Andalusia, Aragon, Canary Islands, Catalonia, Extremadura, Galicia and La Rioja.
151.The following tables show the trend in respect of beneficiaries of dependency benefits during the last six years.
Data at 31 December 2012
Data at 31 December 2013
Data at 31 December 2014
Data at 31 December 2015
Data at 31 December 2016
Data at 31 July 2017
152.In the area of culture, in 2015, household spending on cultural goods and services amounted to 11,968.8 million euros and represented 2.4 per cent of estimated total spending on goods and services. The average expenditure per household on culture was 651.4 euros, and the average expenditure per person was 260.4 euros.
Household expenditure on cultural goods and services (Average expenditure per person, in euros)
Source : Ministry of Education, Culture and Sports. Statistics on Financing and Public Expenditure on Culture, Ministry of Finance and Public Administrations Budget Performance Statistics for the Autonomous Communities and Local Governments .
153.With regard to museums, it is estimated that the 1,522 museums studied received 58.4 million visitors throughout 2014, i.e., an increase of 2.1 per cent with respect to 2012.
Persons who have visited monuments or archaeological sites (Percentage of the population)
Source : Ministry of Education, Culture and Sports. Survey on cultural practices and h abits in Spain, 2006– 2007.
Estimated number of visitors to museums and museum collections
Source : Ministry of Education, Culture and Sports. Statistics on Museums and Museum Collections .
Visitors to museums, expositions and art galleries (Percentage of the population)
Source : Ministry of Education, Culture and Sports. Survey on cultural prac tices and habits in Spain, 2006– 2007.
154.As regards archives, in 2015, 36,200 on-site working sessions were recorded, during which more than 100,000 documents were consulted. Throughout that year, over one million persons visited the archives for their cultural, artistic or architectural interest.
Persons who have visited archives (Percentage of the population)
Source : Ministry of Education, Culture and Sports. Survey of cultural prac tices and habits in Spain, 2006– 2007.
155.In 2014, there were 6,717 libraries, amounting to an average of 14.4 libraries per 100,000 inhabitants. On average, each library has 1.3 branches. Of the libraries studied, 60.6 per cent are public libraries; they have general collections of stacks, offer information services of a cultural, educational, recreational and social nature, and are open to all members of the public. Specialized libraries, whose stack collections deal with specific disciplines or fields, account for 31.6 per cent of the total. Libraries of institutions of higher learning account for 4.4 per cent, and libraries for specific groups of users, 3.2 per cent. The number of registered users increased considerably in 2014, to 21.8 million, and the number of visitors to libraries in 2014 was 206.9 million.
Libraries and branches (absolute values)
Source : National Statistical Institute. Library Statistics .
Persons who have visited or accessed libraries online (Percentage of the population)
Source : Ministry of Education, Culture and Sports. Survey on cultural prac tices and habits in Spain, 2006– 2007.
Persons who have attended theatre or musical shows 2014–2015 (Percentage of the population)
Persons who have gone to the cinema
11.Discrimination, racism, xenophobia and intolerance
156.The current legislation on non-discrimination dates from 2003, when Act No. 63/2003 incorporated into Spanish law the two European directives on non-discrimination based on racial or ethnic origin, religion or belief, age, disability and sexual orientation in fields such as employment, education, social services and access to goods and services, including housing.
157.The Spanish legislation on aliens, contained in Organic Act No. 4/2000, provides that all public administrations must exercise their competencies in the area of immigration based on the principle of non-discrimination. Article 23 of the Act defines the types of actions that are considered discriminatory.
158.The Criminal Code was amended by Organic Act No. 1/2015, which strengthens efforts to combat hate crimes. Also in 2015, further progress was made with the adoption of Act No. 4/2015, the Statute on victims of crime, which protects victims from potential harm arising from criminal proceedings. Fundamental steps were also taken with the creation of 52 specialized hate crime units in the provincial prosecution offices, the opening of victims services offices and the establishment of police protocols for identification and treatment of such situations.
159.In September 2015, the Framework Agreement on Cooperation and Collaboration was signed to facilitate coordination between ministries of their policies on combatting racism and xenophobia. Activities in this area include training of different units in the administrations and collection of statistical data on incidents of hate crime.
160.The Office on Assistance and Orientation for Victims of Discrimination based on Racial or Ethnic Origin provides advice, mediation and assistance to persons wishing to report or lodge complaints or claims of discrimination. The Office also conducts studies, prepares reports and issues recommendations on its own initiative. This public service is overseen by the Council on the Elimination of Racial or Ethnic Discrimination. The Council is a deliberative body of the general State Administration within the Institute on Women and Equal Opportunities, although it is not part of the hierarchical structure. The services of the State office for assistance to victims of racial discrimination are provided through a public contract with a network of specialized non-governmental organizations (Accem, Cear, Spanish Red Cross, Fundación Cepaim, Fundación Secretariado Gitano, Movimiento contra la Intolerancia, Movimiento por la Paz, Red Acoge), thus enabling it to have offices that provide on-site services in all the autonomous communities. Working through non-governmental organizations facilitates access to the vulnerable groups that are most likely to suffer discrimination in a context that fosters trust and encourages victims to lodge complaints. The website http://asistenciavictimasdiscriminacion.org/ lists all the offices that make up the service in each province. In addition to personal access, the service may also be reached by telephone or online. In the period between 2013 and 2015, the Office provided services in 1,154 cases of possible racial discrimination in areas such as employment, education, health, housing, access to goods and services and urban spaces.
161.In 2011, Spain adopted a Comprehensive Strategy against racism, racial discrimination, xenophobia and related forms of intolerance which has been the subject of an evaluation. Throughout the process, Spain bore in mind the recommendations contained in the Programme of Action adopted at the Durban World Conference against Racism and those of European and international organizations such as the European Union and the Office for Democratic Institutions and Human Rights of the Organization for Security and Cooperation in Europe. Some important outcomes have been achieved in all the areas evaluated, including in education, prevention and comprehensive protection of victims, analysis, information systems, legal and criminal action and awareness-raising activities.
162.In the area of labour, the application of the aforementioned Comprehensive Strategy against Racism is reflected in the Project on Management of Cultural Diversity in Small and Medium-sized Enterprises.
163.In the area of health care, seminars have been carried out since 2016 to raise awareness among health-care professionals and train them to identify the role of hate as motivation in patients who have suffered abuse.
164.In the field of education, the project on training for prevention and detection of racism, xenophobia and related forms of intolerance in the classroom is in progress, and a handbook has been issued.
165.In addition, a report was published on trends in racism, xenophobia and other forms of intolerance.
166.In the case of persons with disabilities, Royal Legislative Decree No. 1/2013 recognizes the right of this group to equal opportunities and treatment, pursuant to the Convention on the Rights of Persons with Disabilities. The concept of discrimination is fully discussed, and the decree covers multiple discrimination, direct or indirect discrimination, discrimination by association, harassment, non-compliance with requirements for accessibility and reasonable adjustments, and non-compliance with positive action measures established by law. In operational terms, the Plan of Action of the Spanish Strategy on Disability 2014–2020 includes areas of action on equality for all in employment, education, accessibility and stimulation of the economy, with a specific operational objective of combating multiple discrimination and eradicating all forms of discrimination.
167.The National Roma Integration Strategy provides for non-discrimination and promotion of equal treatment as a line of action complementary to the four basic pillars of the Strategy.
168.A practical guide for dealing with cases of discrimination was published, and in 2013 and 2015, the Institute on Women and Equal Opportunities carried out a campaign to raise awareness on diversity through social media which was directed fundamentally at young people between the age of 13 and 20, with the motto YOSOYTU (I am you).
169.The legislation prohibits discrimination in educational centres, and practical resources have been made available to create tolerant environments. An online guide has been issued, entitled “Embracing diversity: proposals for education free of homophobic and transphobic harassment”. Spain has also adhered to the Council of Europe’s No Hate Speech Movement, through the Institute for Youth.
12.Effective equality between women and men
170.Organic Act No. 3/2007 is a comprehensive and cross-cutting text. It covers many different aspects of social life and is aimed at combatting all remaining manifestations of gender-based discrimination, either direct or indirect, and promoting real equality between women and men, by removing obstacles and social stereotype that stand in the way of achieving it.
171.The public authorities have made a serious effort to comply with the provisions of article 14 of Organic Act No. 3/2007, which stresses the need to mainstream the principle of equal treatment and opportunities in all policies on economic, labour, social, cultural and artistic matters.
172.A basic tool for implementing the principle of equality is the Strategic Plan on Equal Opportunity, which is developed on a regular basis, most recently for the period 2015–2016; in order to ensure continuity, a new plan is currently being formulated. The most recent Strategic Plan has been implemented through specific plans such as the Plan on Equal Opportunity for Women and Men in the Information Society 2014–2017, the Plan on the Promotion of Women in the Rural Environment 2015–2018, the Second Plan on Equality between Men and Women in the General State Administration and its Public Agencies and the Comprehensive Plan of Support for Families 2015–2017 (to facilitate reconciliation between family life and work).
173.As provided in article 18 of Organic Act No. 3/2007, a periodic report on the effective application of the principle of equality between women and men is prepared for submission to the parliament. The periodic report for the period 2012 to 2013 and a report on the main steps taken in 2014 and 2015 are available for consultation.
174.The activities mentioned in this report show that despite the difficult economic and social situation created by a crisis that had an especially serious impact on Spain, the policies on equal opportunities remained a central concern for the Government during this period.
175.The statistical data contained in the report, along with information obtained from statistics and studies, show that the position of women in social and labour-related contexts has been improving, and that progress is being made towards greater equality in almost every sphere.
176.Another basic mainstreaming tool may be found in the gender-impact reports on regulations which are mentioned in article 19 of Organic Act No. 3/2017. An example of the practical implementation of this provision may be found in the most recent gender-impact report on the bill on General State Budgets for 2016.
177.No less important is the need to maintain the gender approach in preparing studies and statistics (article 20 of Organic Act No. 3/2017). This is reflected in the National Statistical Plan 2013–2016, the Mujeres en cifras (Women in figures) database and institutional publications such as Mujeres y hombres en España (Women and men in Spain).
178.Work is also under way on training of teachers and implementation of equality plans in schools, among other initiatives. The Virtual School on Equality, which is in high demand, posts notices of 20,000 vacancies for all kinds of professionals. In addition, in collaboration with the Higher Council on Sports, women are encouraged to practice sports, especially in schools.
179.Given the importance of ensuring that the mass media do not transmit stereotypes, Organic Act No. 3/2007 refers to the responsibility of public news media in this regard (Spanish Television and Radio and EFE news agency). In practice, both of these media have undertaken to disseminate content on gender equality, and professionals will be trained in this area thanks to the Official Institute of Spanish Radio and Television. Every year, the Women’s Image Observatory notes, analyses and channels complaints about sexist advertisements that appear in the media. It requests firms to amend or withdraw their advertisements, and helps them eliminate discriminatory messages. The Observatory prepares annual reports on its work. In practice, the Institute on Women and Equal Opportunity has lodged complaints of unlawful sexist advertising against two companies.
180.Effective equality between men and women is viewed, in the light of article 4 of Organic Act No. 3/2007, as an underlying principle of all legislation. Consequently, a large number of decisions have been issued which promote this principle. Some examples are Constitutional Court Decision No. 81/2016 of 25 April, establishing that the principle of equality is violated by differentiating between widowhood pensions depending on whether there are children in common or not; Constitutional Court Decision No. 61/2013 of 14 March, on the distinction that is made between part-time workers and full-time workers in granting social security pensions or benefits, and Supreme Court Social Chamber Decision No. 2628/2015 of 27 May, confirming that it is contrary to law to treat the six weeks of obligatory rest for maternity as an absence or paid leave.
13.Equal opportunity in the labour market
181.The public authorities attach special importance to the issue of effective equality between women and men, which is dealt with by the aforementioned Organic Act No. 3/2007. Equality is also promoted through the Strategic Plan on Equal Opportunity, national employment strategies and annual employment plans, as well as a number of regulations.
182.Act No. 3/2012 eliminates professional categories in the professional classification system so as to guarantee non-discrimination between women and men, regulates telecommuting for the first time, encourages self-employment and establishes permission for breastfeeding as an individual right of men and women, who may decide how to exercise it, and expands this right to cases of adoption.
183.Royal Decree-Law No. 16/2013 expands the right to a shorter work day for male and female workers who care for children, and raises from 8 to 12 years the age that gives a worker the right to a shorter work day.
184.Act No. 1/2014 revises the mechanisms for access to social security benefits for part-time workers so as to avoid potential indirect discrimination with respect to full-time workers.
185.As of 1 January 2017, paternity permits were extended from two to four weeks, without interruption, for childbirth, adoption, guardianship for purposes of adoption or fostering of multiple children.
186.Objective 1 of the Strategic Plan on Equal Opportunity (2014–2016) focuses on workplace equality and the fight against wage discrimination.
187.Bonuses envisaged in the existing legislation for hiring of women with disabilities, victims of gender violence and women in general in sectors where they are under-represented have been maintained.
188.In addition, an annual convocation is made to assign subsidies for small and medium-sized enterprises and other entities to provide total or partial financing of costs arising from the development and implementation of their equality plans. Advice, sensitization, training and information are provided through the website www.igualdadenlaempresa.es.
189.An award for “ Equality in the Workplace” is given to entities that show outstanding performance in this regard. The objective is to recognize their achievements but also to encourage them to share their good practices in areas such as harassment, professional advancement and conciliation. A network of enterprises has a virtual forum for organizing on-site technical workshops.
190.To enforce this legislation, the Institute on Women and Equal Opportunity has signed a cooperation agreement with the Inspectorate of Labour and Social Security.
191.A number of tools have been created to combat the gender wage gap which are mentioned in this report in the section on good practices and activities designed to raise awareness and sensitivity about the wage gap. The Equality and Conciliation Programme, which is cofinanced by the European Economic Area, has granted subsidies inter alia to study the causes of the wage gap in Spain and train professionals to identify it.
192.Several measures have been taken to encourage self-employment and entrepreneurship. A bonus is granted to independent workers so as to enable them to reconcile their work life and their family life in connection with hiring. Other actions include the Programme on Entrepreneurial Support for Women, the project on women entrepreneurs in emerging economic sectors and new market opportunities or the INNOVATIA 8.3 programme of support for female entrepreneurship in universities in the technology and research sectors.
193.Programmes are being implemented to help women who have difficulties and enable them to enter society and the labour market, such as women who have suffered gender violence (business network for a society free of gender violence), immigrant women, women over 45 and Roma women (Sara Programme) and women in the rural environment (Aurora Programme).
194.Measures have also been taken to increase the participation of women in positions of responsibility in the public and private sectors. These include new legislation such as the Capital Societies Act, which requires that administrative boards must encourage gender diversity in selecting their members. Other important measures are the initiative known as Más Mujeres, Mejores Empresas (More Women, Better Companies), the Promociona (Promote) project (see paragraph B.26), the training programme for boards of directors and the project on entrepreneurship and leadership promotion for women in decision-making bodies of the agrifood sector.
14.Vocational training
195.Vocational training is provided for diplomas in vocational training and certificates in vocational trades (vocational training in the national employment system).
196.The following measures are taken to ensure that the vocational training offered by the educational system meets the needs of the production sectors.
197.Improvement of professional skills through vocational training. In granting vocational training diplomas, account is taken of professional skills that are valuable and significant to the production sectors and facilitate employability. Procedures have been developed for designing courses with input from representatives of the private sector and social actors. Observatories are in place to follow trends in the production sectors and the labour market. To date, 158 diploma programmes have been updated.
198.Relevance of learning situations. All modules leading to a vocational training diploma are comprised of consistent units of theory and practice, applying what the European Commission calls work-based learning.
199.School-to-job transition and knowledge transfer. All vocational training diploma programmes include a training module at a work site which accounts for 20 per cent of the training programme. This facilitates insertion of students into the labour market while at the same time it enables teachers to gain insight into the direct needs of the private sector.
200.Continuing feedback within the system. The Ministry of Education, Culture and Sports has a standing relationship with educational administrators in the autonomous communities and is in constant contact with the sectors concerned. Special groups are being created to participate periodically, based on the trade involved.
15.Participation of persons with disabilities in the labour market
201.Act No. 3/2012 includes provisions for ensuring that persons with disabilities have priority for tenure in their jobs.
202.The Special Agreement on Social Security for workers with disabilities ensures that workers who find it especially difficult to enter the labour market can contribute to the system on their own and generate the right to receive benefits they would not otherwise enjoy.
203.Support is also provided for young people with disabilities to improve their position within the new framework of public assistance and support for job placement and entrepreneurship.
204.Companies may be granted a higher deduction on the business tax as encouragement for them to hire persons with disabilities.
205.In the area of public employment, several provisions in the Constitution provide more or less direct guarantees for the integration of persons with disabilities (arts. 9.2, 49, 23.2, 103.2 and 35). Article 59 of the Basic Statute on Public Employees establishes a quota of no fewer than 7 per cent of vacancies for persons with disabilities. Within that 7 per cent, at least 2 per cent of the vacancies must be filled by persons with intellectual disability. The goal is for persons with disabilities to fill 2 per cent of all posts in each public administration. Royal Decree No. 2271/2004, on access to public employment, provides for the use of adaptive equipment and devices in the selection process and in the workplace. Accordingly, active policies have been adopted for attracting, selecting and integrating persons with disabilities which are implemented by the Administration in coordination with civil society (the Spanish Committee of Representatives of Persons with Disabilities and Full Inclusion). Specific initiatives include the preparation of subject matter guides and in certain cases, there is no penalty for wrong answers. The model has been successful in practice, as the coverage rate for public jobs for persons with intellectual disability is 100 per cent. Most recently, in 2016, 121 job vacancies were announced.
16.Minimum wage
206.The interprofessional minimum wage is determined under ILO Convention No. 131 and ILO Recommendation No. 135. Account is taken of the factors referred to in article 27.1 of the Workers Statute, i.e., the consumer price index, average national productivity achieved, the increase in the participation of labour in the national revenues and the overall economic situation.
207.According to the latest data, the consumer price index for October 2016 showed a positive annual variation for the second consecutive month of +0.7 per cent. The annual variation in apparent productivity per equivalent job rose at a year-on-year rate of 0.7 per cent during the second quarter of 2016. The share of wages in the cumulative national income as of the second quarter of 2016 was 47.3 per cent. Finally, during the second quarter of 2016 the evolution of GDP again showed a positive year-on-year variation of 3.4 per cent, or 0.3 higher than the year before. The advance estimate of the National Statistical Institute for the third quarter of 2016 places growth at 3.2 per cent.
17.Occupational health
208.Under Article 12.1 of Act No. 23/2015, the Inspectorate of Labour and Social Security is responsible for monitoring and enforcing legal norms and regulations and the content of collective agreements on prevention of occupational risks and investigation of work-related accidents and sicknesses.
209.In practice, the two aspects complement each other. This is evident, for example, in the fact that a course on investigation of accidents organized by the School of Labour Inspection and Social Security reflects a primarily preventive approach, in an effort to prevent future accidents similar to those that have been investigated.
210.With regard to work-related illnesses, the Inspectorate of Labour and Social Security is responsible for verifying whether companies that are required to provide coverage for work-related illness have carried out a medical examination for workers prior to hiring them and that they provide periodic medical examinations for each type of work-related illness.
211.In order to reduce work-related accidents, the Inspectorate of Labour and Social Security has carried out campaigns in areas such as roadway safety and muscular-skeletal injuries.
212.In addition, employers who are in violation of regulations are required to pay a surcharge on all economic benefits arising from work-related accidents or illnesses. Depending on the seriousness of the violation, the surcharge is between 30 per cent and 50 per cent if the injury was caused by work equipment or facilities, centres or workplaces that have not applied the protective measures required by the regulations, or in which they are not functioning or are in poor condition, or where employers have not complied with general or specific measures for ensuring workplace safety and health, or provided elementary safeguards or accommodations for specific jobs bearing in mind the nature of the job and the age, sex and other circumstances of the worker.
213.Reference should also be made to the Framework Protocol on collaboration in the investigation of crimes against the life, health and physical integrity of workers, signed on 19 September 2007 by high-level representatives of the Council of the Judiciary, the Ministry of the Interior, the former Ministry of Labour and Social Affairs, the Ministry of Justice and the Office of the Attorney General of the State. This mechanism provides for cooperation and expeditious communication in connection with the effective and rapid investigation of offences against the life, health and physical integrity of workers and the implementation of convictions.
18.Right to food
214.Since 2014, Spain has been implementing FEAD, which represents an important effort by the public authorities to deal with the food needs of certain sectors of the population. The Fund, for which the European Commission provides 85 per cent co-financing, will allocate a total of 662,835,558 euros between 2014 and 2020 for the purchase and distribution of food through 6,000 non-profit agencies of different types throughout the national territory.
215.In order to reduce dependency on food aid, 5 per cent of the total FEAD contribution to individual food programmes will be allocated for counselling for all beneficiaries of the aid. This is in addition to the distribution of food and is intended to address social exclusion and/or social emergencies in a manner that will encourage autonomy.
216.In order to meet the basic needs of the most deprived, an emergency hotline was set up in 2013 as part of the subsidies granted for social projects. The allotment amounted to 19.8 million euros at the first annual convocation, to be increased to 23.93 million euros in 2014 and 2015, and 25.58 million euros in 2016.
19.Right to housing
217.In addition to the measures mentioned in section A.6, the Social Fund for Housing was set up in 2013 to help provide accessible rental housing. It is managed collaboratively by the administrations, financial agencies and non-governmental agencies.
218.The Fund has 9,865 housing units which are allocated to families that have been evicted from their habitual dwelling for non-payment of a mortgage or as a result of having assigned ownership of their property as payment for the outstanding amount of the mortgage, and who are in a particularly vulnerable situation. Beneficiaries must meet several conditions which have recently been extended to facilitate access to the Fund for more persons. Rental rates on these units range between 150 and 400 euros per month up to a maximum of 30 per cent of the total net income of the family unit.
219.According to the most recent data (December 2016), 9,062 units have been assigned.
220.The autonomous administrations provide shelter resources for victims of gender violence and their children (establishments, foster homes, residential centres, apartments, etc.). Thanks to this comprehensive intervention, the right to housing is ensured, along with immediate and specialized care in a safe environment.
20.Right to housing
221.In addition to the measures mentioned above in reference to the right to housing, the State Housing Plan 2013–2016, which was extended in 2017, addresses the need to orient public aid according to the needs of families. This is done through rent subsidies to persons with low incomes and support for the recovery of the construction sector. This in turn can help create jobs through rehabilitation of buildings, elimination of architectural barriers and renovation of degraded urban areas.
222. Approval of the Housing Plan 2018–2021 is currently in process. The Plan provides for innovations such as a specific programme of assistance to persons who have been evicted from their habitual dwelling and are in a situation of vulnerability.
21.Right to health
223.All Spanish citizens and foreign citizens who have established their residence in the national territory are entitled to health protection and health care under article 1.2 of Act No. 14/1986.
224.The services provided by the National Health System are totally financed with public funds, including all types of prevention, diagnostic, treatment and rehabilitation activities, as well as emergency transport. Ambulatory pharmaceutical services and some orthotic-prosthetic services are subject to a copayment, as are related or non-essential services. Thus, the National Health System provides universal coverage financed with public funds and mostly free. It is no surprise that Spain has the highest life expectancy in the European Union.
225.User contributions consist almost entirely of copayments for medications, which amount to 40 per cent, 50 per cent or 60 per cent, depending on the user’s income, except for some categories such as pensioners and those suffering chronic illness, who pay 10 per cent up to a maximum monthly amount.
226.Royal Decree No. 1192/2012 provides for assistance to other groups, such as persons requesting international protection and victims of human trafficking during the period of restoration and reflection.
227.Spain’s legislation on aliens who are not registered or authorized as residents in Spain provides the most protection in Europe. Article 3 ter of Act No. 16/2003 stipulates that such persons are guaranteed health care in the public health system, if they need it, to be financed with public funds through the National Health System, if they are younger than 18, or for emergencies due to serious illness or an accident, whatever the cause, until they can be discharged without interrupting the continuity of care, or for pregnancy, childbirth or postpartum care.
228.Everyone, without distinction as to their access to the public health system, has access to all health protection and public prevention programmes (vaccination, prevention and control of infectious diseases).
22.Sexual and reproductive health
229.Organic Act No. 2/2010, article 5, provides that the public authorities must guarantee information and education on sexual, emotional and reproductive health in the formal curricula of the educational system, as well as universal access to sexual and reproductive health services and programmes and safe and effective birth control methods.
230.The National Health System finances, through the same co-payment system as other pharmaceutical products, different birth-control methods for women (intrauterine, subcutaneous, intramuscular and oral). Emergency contraception is dispensed freely, i.e., no prescription is required.
23.Right to education
231.Measures taken to lower the school dropout rate include online training and open education programmes for teachers to help them to address the issue. Also, basic vocational training is promoted as an alternative. The dropout rate has fallen considerably since 2012, and the best moving average in the history of Spain (18.5 per cent) was achieved in 2017.
232.The Ministry of Education, Culture and Sports has signed agreements with associations representing persons with special educational needs with a view to mitigating problems that might influence early dropout. The Ministry also subsidizes plans that to a greater or lesser degree directly encourage students to remain in educational and training programmes. The subsidies are supplemented with programmes and aid which regional or local educational administrations may set up in the light of their own context, such as special subsidies for lunch or books, special transport services for students in deprived areas and special financial assistance for at-risk families when their children stay in school.
233.The scholarship system has increased by 252 million euros since 2011. The funds cover general scholarships and mobility, special study programmes such as foreign languages, university or non-university education, and compensation, exemptions and bonuses for scholarship students, students from large families and students with disabilities.
234.In the field of adult education, training centres for adults provide formal and non-formal education to provide a second opportunity for those who have dropped out early to be reintegrated into the educational system. To ensure consistency throughout the national territory, consensus has been reached with educational administrations on a strategic plan for lifelong learning and a plan for lowering school dropout rates.
235.The Ministry of Education, Culture and Sports has participated since 2012 in the project on implementation of the European agenda for adult learning. That cooperation led to the implementation of an information and orientation tool showing the nationwide availability of education (InFórmate), preparation of special materials for adults in areas such as English or digital skills, and of an advertising campaign on adult education, with special focus on the long-term unemployed.
236.As regards immigrants, access to training, social integration and job programmes is promoted through Spanish and/or co-official language courses for foreigners.
24.Right to education
237.On the matter of inclusion and non-discrimination, Organic Act No. 8/2013 reinforces the provisions of the Organic Act on Education. In particular, it reflects the principle that it is necessary to transmit and practise values that promote personal liberty, responsibility, democratic citizenship, solidarity, tolerance, equality, respect and justice, and the need to help overcome all types of discrimination. The existing law on education provides for accommodations in admission procedures for students from publicly funded schools so as to avoid segregation among schools (chap. III, arts. 84 to 88). When a school does not have enough space for more students, the admissions process follows criteria such as giving priority to siblings already enrolled, proximity to place of residence or similar considerations. The law also stipulates that there must be no discrimination based on birth, race, sex, religion, opinion or any other personal or social condition or circumstance.
238.Following through on previous actions, the National Roma Integration Strategy 2012–2020 was drawn up. The National Educational Innovation and Research Centre coordinates its work with the Working Group on Education of the State Council of the Roma People, Roma associations and educational authorities.
239.The most noteworthy measures taken in recent years involve the joint implementation by educational administrations of good practices, teacher training programmes and the launching of reinforcement, motivation and school support programmes.
240.Since the entry into force of the Organic Act on Improving the Quality of Education and up to the middle of 2017, the dropout rate has fallen steadily, to 18.7 per cent, the lowest rate on record. The average dropout rate among Roma students has also fallen and is now below the European rate.
25.Dissemination of science and culture
241.The General Strategic Plan 2012–2015 of the Secretariat of State for Culture points out that one of the main objectives of this body is to articulate a State policy that guarantees the right of access to culture and contributes towards consolidating citizenship and fostering social cohesion.
242.Several tools are available for fulfilling this objective, such as broad-spectrum scholarships (e.g., for entering universities abroad or specializing in cultural management), a nationwide plan for promoting reading, subsidies for cultural action and promotion projects, a national preventive conservation plan, a programme on sensitization and dissemination of the cultural heritage, travelling workshops to disseminate contemporary visual culture, or a single location for queries to the libraries of the central Administration.
26.Good practices
243.In the context of the economic and financial crisis, consideration should be given to the Code of Good Practices for the viable restructuring of mortgage debts on habitual dwellings, which covers three phases: restructuring, debt remission and transfer of ownership in lieu of payment, as described in section 6.
244.With regard to Committee recommendation 11 concerning immigrants and Roma, the Institute of Roma Culture was created. This Institute is a public sector foundation that promotes cultural activities to foster harmonious relations, equal opportunity and treatment and gender equity between the Roma population and the rest of Spanish society through the dissemination of information on Roma history, culture and language. To carry out its purpose, the Institute receives a yearly nominative subsidy of 264,100 euros. One of the activities it has carried out over the last few years is the awarding of Roma culture prizes on 8 April every year. An agreement was signed with the University of Alcalá de Henares to introduce courses on the gypsies of Spain, a documentation centre and a library focusing on this group. Special publications were issued (for example, the monthly Cuadernos Gitanos, a collection of poetry books entitled I Balval Phurdel — El viento sopla and a method for learning the Romany language, entitled Sar San — ¿Cómo estás?). Itinerant exhibitions were organized within and outside of Spain (Exposición Vidas Gitanas, paintings by Roma, etc.) and a cycle of films was implemented in conjunction with the Filmoteca Española (O Dikhipen).
245.An outstanding cultural project is the Museos + Sociales Plan, which is aimed at strengthening and disseminating the image of museums as an essential medium for achieving the integration and cohesion of society through culture. The Plan was initially applied in several State museums managed by or included within the sphere of the Secretariat of State of Culture.
246.In the area of employment, steps were taken to combat possibly discriminatory conditions.
247.In the case of immigrant workers, a campaign was started to strengthen the capacity of the inspection service to identify violations and issue injunctions. As a result, in 2015 602 service orders were issued by the Inspectorate, and 2,467 actions were taken in all areas, 69 infractions were detected and 391 injunctions were issued.
248.With respect to discrimination against women in the labour market and in connection with Committee recommendation number 13 of 2012, on the situation of women’s pay, in addition to the information provided elsewhere in this report, it should be noted that inspection campaigns were carried out on the matter of wage discrimination which involved a wide range of firms in different sectors and of different sizes.
249.On the question of gender-role stereotypes and underrepresentation of women in decision-making posts, Spain has put under way a number of initiatives.
250.The first is the programme entitled Más Mujeres, Mejores Empresas (More Women, Better Companies), in which 85 large private companies in different sectors of activity participated. In practice, an individual diagnosis was made of each company. Following the study, the companies must take such concrete steps as are considered necessary (training, flexible work schedules, encouraging shared responsibility, coaching, mentoring, etc.) In addition, evaluation reports will be developed to verify the efficacy of measures taken and determine whether or not obstacles remain.
251.Secondly, the Promociona Project, which has been under way since 2013, in collaboration with the Spanish Confederation of Business Organizations; financing is provided by the Institute on Women and Equal Opportunity and the firms in which participating women work. For implementation of the project, tools for the analysis of personal leadership are provided, the well-established capacity and talent of participating women is reinforced, and a change of culture is promoted within the companies and business associations, in order to enable them to better identify, select and retain female talent and facilitate their development. A total of 191 women have participated in three editions of this project. Twenty-five per cent of the women who participated in the first two editions have been promoted in their companies.
252.In regard to wage differences between men and women, it should be noted that a good practice is to provide tools for self-diagnosis of a gender-based wage gap and for appreciating the importance of the gender perspective in jobs.