The Council of Ministers has approved the reform of the Law on Sexual and Reproductive Health and the Voluntary Interruption of Pregnancy. The new regulations include women’s access to the “morning after pill” free of charge. The Government will have to get hold of the 17 million euros that are spent on emergency contraceptives.
The “morning after pill”, also known as postcoital, is considered an emergency contraceptive to be administered within 72 hours of sexual intercourse. The cost of emergency contraception in pharmacies is between 15 and 28 euros, depending on the brand. On the other hand, access to health and family planning centers is free. Until now there was no clear legislation on whether pharmacies were required to have it in their catalog or not. Now, they must have it available, like all outpatient clinics and specialized services in public and reproductive health.
Three years ago, in Spain, 754,565 morning-after pills were dispensed in pharmacies, registering an economic cost of 16,891,815 million euros, according to data obtained by ElEconomista.es from the data consultancy Iqvia. In 2020, the figure was 15,164,164 million euros (667,077 units) and in 2021 17,197,526 million euros and 745,332 emergency contraceptives. Meanwhile, during the first seven months of this year, a sale value of 11,053,598 million euros has been registered and 478,688 units have been sold in pharmacies. From now on, the government will have to take charge of this economic expense derived from the cost of the “morning after pill”.
On the other hand, after months of negotiations, not all the proposed measures have managed to reach their goal. The reduced VAT of 4% on feminine hygiene products, that is, pads, menstrual cups or tampons, among others; They have stayed by the wayside after receiving the refusal from the Ministry of Finance.
The new regulations indicate that women at risk of exclusion and all those who are in prison will have free access to menstruation products, that is, pads and tampons, among others. They will be available in schools, social centers and penitentiary institutions. The Government will be responsible for the expense produced by the feminine hygiene products destined for these sites.
During the last three years, the sales value of feminine hygiene products has remained in equilibrium, that is, it has not changed much. In 2019, 15,003,216 million euros were registered in sales of feminine hygiene products, in 2020 13,250,414 million and in 2021 12,863,157 million, according to data from Iqvia. During the first seven months of this year, that is, from January to July, sales of feminine care and hygiene products worth 7,319,289 million have been recorded.
If these figures are broken down piece by piece, in 2021 6,312,255 million euros were registered in sales of compresses in pharmacies, 0.1% more than the previous year. Regarding tampons, 2,074,818 million were registered, that is, 13.4% more than in 2020; and in the sale of menstrual cups 4,476,085 million, 15% less than in the previous year. On the other hand, in the first seven months of 2022, pharmacies registered a sales value of 3,787,061 million euros in pads, 1,377,008 million in tampons and 2,155,220 million in menstrual cups.
Abortion within the new law
It will allow girls under 16 and 17 years of age to abort voluntarily without the need for parental permission with the aim that abortions are done mostly in public health centers. “The state respects the decision of women and does not doubt their decision,” said the Minister of Equality, Irene Montero at the press conference.
Until now, 85% of abortions were carried out in private centers. Abortion will be free until the 14th week of gestation, until the 22nd for medical reasons and without limit if serious anomalies incompatible with life are detected and provided that it is determined by a clinical committee. The public network has to be the reference network in the voluntary termination of pregnancies,” Montero stresses. In addition, the autonomous communities will have to create a registry of health objectors who do not want to perform the voluntary termination of pregnancy so that public services have always enough professionals to be able to practice it, as was carried out with the euthanasia law.
The law will dedicate a section to the rights related to women’s menstrual health at all stages of life. The Minister for Equality affirms that 70% of women believe that menstrual pain is underestimated in the workplace. The new regulations include a specific leave of three days for women who suffer from very painful and disabling periods. The financing of those days will be in charge of the State. “I’m done going to work with pain,” emphasizes Irene Montero.
As a final point, the norm includes measures to promote good practices in all stages of pregnancy, paying special attention to childbirth and postpartum. Among them, there is the incorporation of an antepartum leave from week 39 of gestation that will not consume any day of maternity leave. A common protocol will also be carried out so that the guidelines for respected childbirth reach all health centers.
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