Spain

National policy
National policy/strategy or official recommendations on HIV testing?Yes
Who can administer HIV tests?
Restrictions on who can legally administer HIV tests?Yes
Which groups can legally do HIV testing?
  • Any doctor/nurse (not necessarily in a specialist clinic)
  • NGO with clinical supervision
  • NGO without clinical supervision
Further commentsEach region has its own regulation although in some, national law is still applied. The majority of regions (Madrid, Catalu
Free HIV testing
HIV testing free to all who want it?Yes in certain places
Further commentsRecently, law Real Decreto-ley 16/2012 limits access to health for undocumented migrants and, though HIV testing clinics provide free and anonymous HIV testing, these are only located in medium to large cities and access to HIV testing through Primary health care has been jeopardized for undocumented migrants.
Is free HIV testing available?Yes in certain places
Further commentsOf course, not every single health center can access HIV tests, there might be a problem accessing this service for those living in rural areas due to logistical aspects. See answer above regarding HIV testing clinics that are located only in large or medium cities
HIV testing restrictions
HIV testing access restricted for some groups/populations?Yes
Which groups are restricted
Further comments
Availability of testing in non-clinical settings
Is testing available in any of the following ways?
Postal HIV sampling legal?No
Home HIV testing legal?No
Community testing at NGOs legal?Yes
Community/outreach event testing legal?Yes
Otherpharmacies
Rapid tests used by community based testing services/initiatives?Finger blood, Saliva
Anonymity/Confidentiality of HIV testing
Anonymous testing available?Yes
If yes, please give detailsHIV testing clinics - located in all major cities in Spain - demand no identification.
If not, why not, what sort of information is required and is there any promise of confidentiality?
Discrimination & equality
Legislation
Legislation protecting the rights of people with HIV?Yes
Further commentssee legal report submitted to us by the Spanish federation on the rights of people living with HIV. It is a long document in Spanish
Other key populations
Needle exchange available for people who inject drugs?No
Further commentsDue to the economic crisis in Spain, projects run by NGO's had to close. Certain areas do not have needle exchange programmes.

Availability of needle exchange is also confirmed by information available on https://www.hri.global/global-state-of-harm-reduction

Opiate substitution therapy available?Yes
Further comments

Availability of OST is also confirmed by information available on https://www.hri.global/global-state-of-harm-reduction

Are PWID (people who inject drugs) excluded from HIV treatment while actively using drugs?No
Further comments
Legal to sell sex?Yes
Further comments

There are local laws attempts to criminalize customers in certain cities (i.e. Barcelona)

(For more information: http://sexualrightsdatabase.org/map/21/Adult%20sex%20work/462/Spain)




Legal to buy sex?Yes
Further comments

Even though sex work is not punished by law, the municipalities have the right to regulate it through their civic ordinances. For example, in 2012 Barcelona prohibited sex work on the streets and introduced fines. (For more information: http://sexualrightsdatabase.org/map/21/Adult%20sex%20work/462/Spain)



Access to HIV Treatment
Free access to HIV treatment?Yes, for some
Further commentsThe recent law Real Decreto-ley 16/2012 limits access to universal access to health care for undocumented migrants. However, for HIV, due to community and political pressure, special regulations have been issued in the different regions of Spain to grant access to ART given the public health relevance of the condition. Therefore, the law has this amendment BUT due to the heterogeneity of its implementation across the country, it would be hard to say all undocumented migrants can access ART.

One respondent noted that undocumented migrants may have difficulties in certain regions.
Status and access to HIV treatment and care in your country
Access to HIV treatment restricted for certain populations with HIV?Yes
Which groups are restricted?
  • Migrants
  • Undocumented migrants, please, see previous answers
If more than one of the above populations selected, please give more information
Status
Country statusEU
Mobility in Europe
Do the following groups/populations have legal access to HIV treatment? (i.e provided on the same basis as citizens of the country)
Legal treatment access: Other EU migrant nationalsYes there is universal access
If yes but exceptions, please describe
Legal treatment access: general non-EU migrantsYes there is universal access
If yes but exceptions, please describe
Legal treatment access: Non-EU migrants with asylum/refugee statusYes there is universal access
If yes but exceptions, please describe
Legal treatment access: Non-EU migrants who are undocumentedYes but there are exceptions
If yes but exceptions, please describeundocumented migrants may have difficulties in certain regions. 
Further comments
About this data
Last minor revision12 July 2016
Last major revision5 January 2017
Published19 January 2017
Data sourcesAs well as responses from in-country individuals and organisations information was taken from the following sources:http://ecdc.europa.eu/en/healthtopics/aids/Pages/monitoring-dublin-declaration.aspx
Sex Work Laws
These included  https://en.wikipedia.org/wiki/Prostitution_by_country#Europe
The Global Network of Sex Work Projects www.nswp.org and country sources and http://sexualrightsdatabase.org/map/21/Adult%20sex%20work and http://spl.ids.ac.uk/sexworklaw
Drug use
Needle exchange information was taken from Harm Reduction International who have an interactive tool https://www.hri.global/global-state-of-harm-reduction
Criminal Law
http://criminalisation.gnpplus.net has useful info about the criminal law and is searchable by country as well as http://www.hivjustice.net/site/countries/
MSM
http://ilga.org/what-we-do/state-sponsored-homophobia-report/ (2016)

Data contacts

Responses were received from ADHARA (www.adharasevilla.org), AYUDA SIDA GRANADA (http://ayuda-sida-granada.blogspot.nl/) and National Center for Epidemiology, Institute of Health Carlos III (www.isciii.es)


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