Overview

Spain has rather progressive legislation compared to other Southern European countries. Its regulatory framework for stem cell research is comprehensive and allows for research on embryos for therapeutic and research purposes. The creation of embryos specifically for research is prohibited. Preimplantation genetic diagnosis is regulated in very permissive terms, supporting the use of this technique not only to avoid the transmission of diseases for which no treatment existed, but also for the selection of embryos for HLA matching. While an authorization must be obtained by the Spanish National Assisted Reproduction Committee, a 2010 law encouraged the CNRHA to elaborate a list of specific diseases for which PGD can legitimately be performed without specific compulsory authorization. Surrogacy is not recognized. Abortion was decriminalized in 1985 and regulated more comprehensively and liberally in 2010. During the first trimester is legal on demand. Abortion during the second trimester is legal for serious risk to the health of the woman or fetal deformity. Abortion can take place up to week 22 in cases of “serious risks to life or health of the mother or fetus.” From the 22 week on, pregnancy may be interrupted only on two assumptions: that “fetal anomalies incompatible with life are detected” or that “an extremely serious and incurable disease is detected within the fetus at the time of diagnosis and is confirmed by a clinical committee.” In December 2013, Spain's cabinet approved a bill that would ban abortion except in cases of rape, and instances where the health of the mother is at serious risk. The proposal prompted controversy and had yet to be approved by parliament. In February 2014 there were street protests against this draft law which is backed by the current Popular Party majority government. In September 2014, El Mundo reported the abandonment of the bill, that is, the likelihood that the bill will not be discussed further in Parliament. Most abortions take places in private clinics and procedures are reimbursed by the NHS. Emergency contraception is available from a pharmacist without requiring a prescription, meaning that women cannot buy them off of the shelf but need to ask a pharmacist in order to access them. Mifepristone was approved in 1999. Support for family planning is provided directly by the government. Euthanasia is illegal but reform to legalize euthanasia at a national level was attempted in 2011 with a Bill that would have provide for the rights of terminally ill patients facing death in order to help them to die without suffering. Spanish patients have since 2002 had the right to refuse medical treatment, such as a respirator that keeps the patient alive, chemotherapy for cancer patients, or a blood transfusion. The national Personal Autonomy and Dependent Care Law integrated care for non-independent persons into public social protection. It is a law ruling for all regions in Spain. The dependence can be owed to incapacity, limitations of activity or participation, social environment, and social or cultural circumstances. Spanish palliative care is running at half capacity with only 3 in 10 terminal patients having access to palliative care, and there are imbalances between the regions. Numbers of doctors, nurses, social workers and psychologists working in palliative care are considerably lower than EU recommended levels. The legal status of advance directives is complex and partially unclear. While patients have a right to refuse treatment, it seems that they can also formalize their refusals of a given treatment in an advance directive if aged 18 or over. In this case, the document is binding. Reports show that few Spaniards have drawn up and filed living wills (only 150,000 between 2002 and 2013). Law 14/2007 expressly prohibits the creation of human pre-embryos and embryos exclusively for the purpose of experimentation. However, it allows research on supernumerary embryos from assisted human reproduction techniques.
Aabortion

Abortion

78 pts out of 100 / 100,00% complete

78 pts

Abortion and contraception allow women to express their freedom of reproduction by exercising their right of self-determination over their bodies.


Measurement questions

Is abortion lawful to protect woman's life?

Yes

Is abortion lawful to protect woman's physical health?

Yes

Is abortion lawful to protect woman's mental health?

Yes

Is abortion lawful in the event the woman was raped?

Legal during 1st trimester only

Is abortion lawful in the event of fetal defects?

Yes

Does the law mandate that an abortion is performed at the mere request of a pregnant woman?

No

Is RU-486 (Mifepristone) approved or registered for use?

Yes and it is available with prescription

Are emergency contraception drugs lawfully available?

Yes, from a pharmacist without requiring a prescription

Are family planning services provided through government-run programs and facilities?

Yes, directly

Is spousal notification/permission required?

No

Assisted reproduction

Assisted Reproduction

82 pts out of 100 / 100,00% complete

82 pts

Assisted reproductive technologies (ARTs) are the methods used to achieve pregnancy by artificial or partially artificial means. Access to assisted reproduction concerns our ability to expand our right to health by offering us access to treatment to overcome infertility.


Measurement questions

Is preimplantation genetic diagnosis permissible?

Yes with no restrictions

Is oocyte cryopreservation permissible?

Yes

Is embryo cryopreservation permissible for reproductive purposes?

Yes

Is sperm donation permissible?

Yes

Is oocyte donation permissible?

Yes

Are IVF surrogacy agreements enforceable?

No

Marital status requirements?

No

Do same-sex couples have access to ART?

Yes

Do single women have access to ART?

Yes

Are there any limits on the number of pre-embryos that can be transferred?

Yes

End Off Life

End of life

40 pts out of 100 / 100,00% complete

40 pts

End of life decisions concern our ability to make choices concerning the end of our lives and take of the form of refusal of life sustaining treatment, being help in committing suicide, choosing euthanasia, and make choices that must be upheld even when the person becomes unconscious. As Young (2010) noted, "People have an interest in making important decisions about their lives in accordance with their own conception of how they want their lives to go."


Measurement questions

Is passive euthanasia lawful?

Legally prohibited

Is active euthanasia lawful?

Legally prohibited

Is physician-assisted suicide lawful?

Legally prohibited

Are advance directives (AD) enforceable?

Yes

Is a physician required to respect a patient's refusal of life-sustaining treatment?

Yes

Research With Embryo

Research with embryos

30 pts out of 100 / 100,00% complete

30 pts

Research with embryos and pre-embryos as well as therapeutic cloning concerns scientists’ freedom to investigate human biology as well as patients’ freedom to access regenerative medicine treatments that may be developed as a result of research with human embryonic stem cells. Since the early 2000s, research with embryos has been at the center of an often-polarized debate about the nature and scope of scientific freedom.


Measurement questions

Is basic research using germline modification in human embryos/gametes permitted?

Only permitted on IVF embryos (if research benefits that embryo)

Is pre-clinical research using germline modification technologies in animals permitted?

Yes

Is clinical research using germline modification technologies in humans permitted?

No

Are clinical applications of research using germline modification technologies (i.e., to initiate a pregnancy with edited embryos or with edited gametes) permitted?

No

GM Crops

GM Crops

75 pts out of 100 / 100,00% complete

75 pts

GM crops have contributed significantly to modern agriculture. Plant breeding using genetic modification techniques has led to improving crops in more targeted ways than classical breeding techniques. GM crops acquire desirable characteristics, including pest and herbicide resistance, enhanced robustness against diseases, drought or water tolerance, and healthier profiles that can enhance nutrition.


Measurement questions

Is research on GMOs permitted in the laboratories?

Yes

Is notification to start research on GMOs in laboratories required?

Yes

Is research on GMOs frequent?

No

Are GM crop field trials (the limited release into the environment for research purposes) permitted?

Yes

Is authorization to start a GM crop field trial required?

Yes/prohibited

Are GM crop field trials frequent?

Yes

Is cultivation of GM crops (for commercial purposes) in open field permitted?

Yes

Is authorization to start open field cultivation of GM crops required?

Yes/prohibited

Is open field cultivation of GM crops frequent?

Yes

Can GM crop commodities harvested in other countries be imported?

Yes

Is authorization to import GM crop commodities required?

Yes/prohibited

Is the import of GM crop commoties frequent?

Yes

Right To Science Indicators

Right To Science Indicators


Measurement questions

- Access to benefits

What is the total general government expenditure on education?

What is the expenditure on tertiary as % of government expenditure on education?

22.49

What is the the percentage of population ages 25 and over that attained or completed a doctoral degree or equivalent?

What is the percentage of population that uses the Internet?

80.56

What is the quality of math and science education on a scale from 1 to 7 being "excellent"?

4.1

To what extent is the Internet used in schools for learning purposes?

4.7

What is the scientific literacy of 15-year-old students as measured by the Programme for International Student Assessment (PISA)(mean score)?

493

- Opportunities to participate

Does the law mandate nondiscrimination based on gender in hiring?

No

What is the percentage of females employed with advanced degrees out of total employed?

64.2

- Enabling environment

How many scientific and technical journal articles are published each year in physics, biology, chemistry, mathematics, clinical medicine, biomedical research, engineering and technology, and earth and space sciences?

52820.7

What is the percentage of GDP allocated to Research and Development?

1.22

How may published articles have received at least H citations in the period 1996–2014?

57.9

What is the quality of scientific research institutions?

4.6

To what extent do business and universities collaborate on research and development (R&D)?

3.5

What is the average university ranking score of countries based on their top 3 universities?

48.2

To what extent are scientists and engineers available?

4.5

How many professionals are employed as researchers?

6.6

How many professionals are employed by government as researchers?

16.4

- International cooperation

To what extent are talented people attracted from abroad?

3.2

Recent News about Spain

New Euthanasia Debate in Spain

Spain’s Congress of Deputies is debating new euthanasia legislation, as right-to-die lobbyists intensify their campaign in the country. Unidos Podemos (UP), a political coalition of the the Communist Party and the major party Podemos, presented a bill to Congress in mid-January that would permit assisted dying under certain circumstances. The Unidos Podemos bill proposes that

Spanish government makes new proposal to reform abortion law

A NEW draft to modify Spain’s abortion law has been put forward by the government. The PP conservative party spokesperson, Rafael Hernando, has presented an amendment by which women aged 16 and 17 years old would need their parents’ or a guardian’s authorisation to undergo an abortion. Mr Hernando claimed that there exists a ‘social

Advocating for choice in Europe

Jennie Bristow reports on the 2014 Congress of the International Federation of Professional Abortion and Contraceptive Associates (FIAPAC) in Ljubljana on 2-4 October 2-4, 2014. She provides an up-to-date overview of Abortion laws in Europe that shows that Ireland and Poland “are noticeable for being out of step with the European norm” and she discusses

Spain: Conservative Government Abandons Abortion Law

In September 2014, the conservative government of Mariano Rajoy decided to suspend the reform of the 2010 abortion law that was approved under the socialist government of Jose Luis Zapatero, because of internal division over the legislative project. Though in July the justice minister Alberto Ruiz-Gallardon affirmed that the law would be approved “by the end of the summer” – technically before