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? |
|
| Further comments | Each 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 comments | Recently, 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 comments | Of 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 |
| Other | pharmacies |
| 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 details | HIV 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 comments | see 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 comments | Due 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 comments | The 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? |
|
| If more than one of the above populations selected, please give more information | |
| Status | |
| Country status | EU |
| 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 nationals | Yes there is universal access |
| If yes but exceptions, please describe | |
| Legal treatment access: general non-EU migrants | Yes there is universal access |
| If yes but exceptions, please describe | |
| Legal treatment access: Non-EU migrants with asylum/refugee status | Yes there is universal access |
| If yes but exceptions, please describe | |
| Legal treatment access: Non-EU migrants who are undocumented | Yes but there are exceptions |
| If yes but exceptions, please describe | undocumented migrants may have difficulties in certain regions. |
| Further comments | |
| About this data | |
| Last minor revision | 12 July 2016 |
| Last major revision | 5 January 2017 |
| Published | 19 January 2017 |
| Data sources | As 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) |