Social Services in Spain: Organization, Legislation, and Key Programs

Organization of Social Services in Spain

Organization and Development of Social Services

There are three main axes:

  1. The Spanish Constitution of 1978: Sets the foundation for the development of social services and social assistance.
  2. The Statutes of Autonomy: Grant Autonomous Communities exclusive powers in matters of assistance and social services.
  3. The Health System: Plays a crucial role in upholding basic rights and integrating disadvantaged populations.

The Ministry of Labour and Social Affairs plays a significant role in social services. The European Union is also heavily involved in all aspects of social development.

The Constitution and its Development

Interpretation of the Constitution Relating to Social Services

Spain is defined as a social state, meaning it must intervene to achieve greater social equality. All Spanish citizens are equal before the law. The Constitution outlines the target areas for social services:

  • Right to education
  • Right to work
  • Protection of the family
  • Protection of children
  • Promotion of youth participation
  • Attention to the disabled
  • Care for the elderly

In conclusion, the Constitution envisions a state that actively pursues the welfare of its citizens.

Development of the Autonomous Communities

Each community has its own laws and retains the following functions:

  • Prioritization and coordination of investment policies and services
  • Supervision and control of law
  • Establishment of general requirements for users of social services
  • Conducting studies and research
  • Providing assistance and advice

Competence in Councils and Town Councils

  • Management of social service centers
  • Management and coordination of community social service centers

The Framework Law on Local Government

This law dictates the organization of local authorities.

  • Powers of Local Councils: Responsible for social services within their municipality, providing public services to meet needs and promote social reintegration.
  • Powers of the Provincial Councils: Vary by Autonomous Community, but generally include:
    • Organization of their own social services
    • Management of specialized social services
    • Addressing the needs of their territory
    • Assistance to municipalities

Social Services Law in the Autonomous Regions

Implementation and Development of Social Services

Development occurred in two ways:

  • Faster in historic communities
  • Slower in other regions
  • Implementation: Initial legislative confusion and resource misallocation led Autonomous Communities to begin structuring their services.
  • Consolidation: Social changes and the evolution of social care necessitated updates to social services regulations.

Principles Governing Social Services Legislation

The primary goal is to establish a public system of social services that enables individuals to achieve full development through prevention, treatment, and elimination of the root causes of marginalization.

Key principles include:

  • Public Liability: Any citizen can access social services.
  • Universality: Social services aim to provide universal basic features for the population.
  • Prevention: Efforts are made to eliminate the causes of marginalization, although these causes can be difficult to detect.
  • Solidarity: Social relations are fostered to prevent marginal situations.
  • Equality: No discrimination against individuals.
  • Preventive Nature: Focus on proactive measures.
  • Decentralization: Bringing services closer to citizens.
  • Participation: Involving citizens in the evaluation of social services.

Access to Social Services

Social services are intended for all citizens, with some variations between communities.

Structure of Social Services

Services provided:

  • General or Community Social Services (GS): Represent the first level of care and perform the following functions:
    • Providing information
    • Assessment and orientation of applications
    • Management of home care
    • Services for limited residential stays or alternative accommodation
    • Searching for alternatives
    • Development of preventive and promotional activities
    • Coordination and planning of resources
  • Specialized Social Services: Address the specific needs of population groups requiring specialized attention, including:
    • Families, children, youth, and the elderly
    • People with disabilities
    • Individuals with addiction issues
    • Ethnic minorities and immigrants
    • Inmates and former inmates
    • Women
    • Victims of crime
    • Other types of marginalization

These services are guided by two fundamental criteria:

  • Prevention: Aiming to eliminate the causes of marginalization.
  • Rehabilitation: Taking steps to reintegrate the most disadvantaged groups.

Financing

Funding is allocated for the transfer of competencies, assistance, and social services. Autonomous Communities are obligated to create budgets.

  • Collaboration with private initiatives is encouraged through legislation.
  • User contributions are facilitated through a fixed price system.

Social Services in the Central Administration

The Ministry of Labour and Social Affairs manages and organizes the overall operation of the system.

The Ministry of Labour and Social Affairs

It handles social security, social services, labor, and disability. It is structured as follows:

  • Secretary of State for Social Security
  • Secretary of State for Immigration and Emigration
  • Secretary of State for Social Services, Family, and Disability
  • Secretary-General for Employment
  • Secretary-General for Social Affairs
  • General Secretariat of Equality Policies

Relevant organizations include:

  • Institute for Migration and Social Services (IMSERSO)
  • Women’s Institute
  • Youth Institute

Institute for Migration and Social Services (IMSERSO)

IMSERSO’s powers include:

  • Management of disability and retirement pensions
  • Additional services for Social Security beneficiaries
  • Support, promotion, and social integration of immigrants, displaced persons, asylum seekers, and refugees
  • Monitoring of the management of economic benefits
  • Assessment of the degree of disability

IMSERSO focuses on:

  • Immigration
  • Seniors
  • People with disabilities
Immigration

Actions performed:

  • Support, promotion, and social integration
  • Establishment and management of specialized centers
  • Relations with foreign agencies

Policy development:

  • Design of integrated insertion routes
Advice and Support to Immigrants, Asylum Seekers, Refugees, and Displaced Persons

Asylum is the protection granted to foreign refugees. A refugee is a person who, due to various fears, is abroad and cannot avail themselves of that protection.

Three categories are defined:

  • Asylum Seeker: Can remain in Spain during processing and benefit from social services, education, and healthcare.
  • Refugee Status:
    • Right not to be returned to their country
    • Right to reside in Spain
    • Identity card and travel documents
    • Access to social services, education, and healthcare
    • Possibility of obtaining Spanish nationality
  • Status of Displaced Person: Temporary protection for individuals who have fled their country, guaranteeing:
    • Non-return to their country
    • Residence permit
    • Possibility of a work permit

Planning, Management, and Follow-up Care Programs for the Immigrant Population

Immigrants have access to basic social services and benefits.

Maintenance of Host Systems for Specific Groups in Special Situations

This refers to asylum seekers, refugees, displaced persons, etc.

Programs for Asylum Seekers

  • Urgent needs
  • Temporary shelters
  • Financial assistance for accommodation costs and support through the Red Cross
  • Health protection
  • Coexistence and social integration
  • Legal advice
  • Translation and interpretation

Programs for Social Integration of Refugees and Displaced Persons

  • Socio-integration grants
  • Aid for education and vocational training
  • Attention to vulnerable groups
  • Return to the Land Services
  • Aid for family reunification
  • Aid for the elderly and disabled

Programs for Refugees and Displaced Persons from International Solidarity Actions

Seniors

Main programs include:

  • Non-contributory Retirement Pension: Provides an allowance, free medical care, and complementary social services. Requirements:
    • Be 65 years of age or older
    • Reside in Spanish territory
  • Vacation Program: Facilitates the inclusion of seniors in tourist flows. Requirements:
    • Be 65 years of age
    • Be a pensioner
    • Be pre-retired and 60 years of age
    • Spouses need not meet eligibility criteria
    • Submit an application
  • Spa Program: Provides treatments at spas. Requirements:
    • Be a pensioner
    • Not have a serious mental disorder
    • Be able to fend for oneself
    • Specify the requested spa treatments
    • Submit an application
  • Telecare: Allows elderly or disabled individuals to contact a 24-hour center staffed by professionals by pressing a button they wear.
  • Monitoring of Older People: Improves care policies for older adults through public and private communication.
  • State Council of the Elderly: Provides consultation and advice.

Disabled People

Focus on greater social integration. Major programs include:

  • Programs aimed at obtaining and maintaining employment
  • Non-contributory Invalidity Pension: Requirements:
    • Lack of sufficient income
    • Be 18 years of age or under 65
    • Reside in Spanish territory
    • Have a disability equal to or greater than 65%
  • Social and economic benefits:
    • Principles and basic guidelines for comprehensive policy
    • Presentation of initiatives and recommendations
    • Presentation of initiatives
    • Issuance of reports on draft legislation
    • Collation
    • Promotion of the fulfillment of plans
    • Information on the purposes
  • State Council of People with Disabilities:
    • Collects information
    • Systematizes information activity
    • Updates information
  • Monitoring of disability

The Women’s Institute

Created to realize gender equality within the central administration, with a dual purpose:

  • Promotion and development of enabling conditions for social equality between the sexes
  • Promotion and encouragement of women’s participation in political, cultural, economic, and social development

They develop the following types of programs:

  • Direct-access programs for users:
    • Training programs for women:
      • NOVA (occupational training courses)
      • CLARA (facilitating job placement for women)
      • OCCUPATIONAL TRAINING PROGRAMS (search for new jobs)
    • Support programs for promoting entrepreneurship:
      • TAKE ON FEMALE (support program)
      • ADDRESSED FOR PROGRAM MANAGEMENT AND ENTREPRENEURS (improving the competitiveness of entrepreneurs)
      • TRAINING PROGRAM IN BUSINESS MANAGEMENT (for women with a business plan seeking training)
      • FINANCING PROGRAM
      • Microcredit program for women entrepreneurs and businesses
  • Programs designed to introduce equal opportunities between men and women, with the objective of introducing equal opportunities between men and women in business.
  • Programs aimed at policymakers to ensure employability. Examples:
    • GIRA
    • OTHER PROFESSIONS – DISCOVER
    • CLARA
  • Awareness and dissemination programs:
    • NAMES IN FEMALE AND MALE
    • PROFESSIONAL OPTIONS – DIVERSIFICATION
    • HOW TO GUIDE GIRLS AND BOYS

The Youth Institute

Policies aimed at promoting youth:

  • Youth card
  • Hostels
  • Exchange programs in Europe
  • Associations
  • Solidarity
  • Training
  • Employment
  • Housing
  • Culture

The European Union and Social Policy

The Path to a More Social Europe

Key milestones in the process include:

  • The European Social Act
  • The Social Charter
  • The Maastricht Treaty
  • The Treaty of Amsterdam
  • The Lisbon Strategy
  • Strengthening the social dimension of the Lisbon Strategy

Institutions and Standards

  • European Parliament
  • European Commission
  • European Council

The social policy of the European Union focuses on two main axes:

  • Employment (improving opportunities)
  • Strengthening social cohesion (combating all forms of discrimination)

Financing and Instruments

  • EQUAL Initiative:
    • Enhancing employability
    • Promoting entrepreneurship
    • Capacity building for adaptation
    • Promoting equal opportunities
  • National Plans for Social Inclusion: Address the most important social issues.
  • Promotion of Access to Employment for Individuals at Risk of Exclusion:
    • Overall employment policy
    • Active employment policies
    • Enhance recruitment and care services for dependent persons
    • Support consolidation
  • Fostering Access to All Resources, Rights, Goods, and Services:
    • Guaranteeing resources
    • Primary Care Social Services
    • Access to housing
    • Access to education
    • Access to health
  • Prevention of the Risk of Exclusion: Emphasizes the need to eliminate social exclusion.
  • Actions for the Most Vulnerable:
    • Disadvantaged seniors
    • People with disabilities
    • Disadvantaged women
    • Young people experiencing exclusion
    • Disadvantaged children and families
    • The Roma population
    • The immigrant population
    • The homeless population
  • Mobilization of All Actors:
    • Ministries of Labor and Social Affairs, Justice, Interior, Health and Consumption, Education, Culture and Sport, Housing, and Building
    • Autonomous Communities and local governments
    • NGOs and volunteers
    • Companies

The Health System in the Spanish State

What is and How to Set Up a Health System?

System structures and activities include:

  • The economic model
  • The degree of a country’s health education
  • Health orientation of medical practice
  • The influence of social sectors involved in the development of medical practice

The National Health System

Features:

  • Universality of healthcare
  • Accessibility and deconcentration
  • Decentralization of management of health resources
  • Primary care
  • Community involvement

Organization of Health Services

Each Autonomous Community organizes its own management structure.

  • Levels of Organization:
    • Organization of the central administration
    • Organization of the Autonomous Communities
  • Levels of Care:
    • Primary Care: The cornerstone of healthcare, provided in health facilities.
    • Specialized and Hospital Care: More complex care that cannot be offered by primary care teams.

System Funding

Individuals contribute to the payment, either directly or indirectly. Funding is provided through:

  • Social contributions
  • State transfers
  • Participation in contributions to the maintenance of social security
  • Compensation for the extension of healthcare social security
  • Compensation for integration
  • Fees for certain services
  • Contributions from Autonomous Communities and local governments