Country profile ESP
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Minimum age for light work | N/A | C138 | N/A | [{"link_name":"N/A","source_link":"N/A"}] | N/A | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | Our research did not reveal the minimum age for carrying out light work under Spanish legislation, thus implying that there is no law setting a minimum age for such activity. |
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 1995-11-24 | C182 | Organic Law 10/1995 on the Criminal Code - Article 368. and 370. 1. | [{"link_name":"Organic Law 10/1995 on the Criminal Code","source_link":"https://www.boe.es/buscar/pdf/1995/BOE-A-1995-25444-consolidado.pdf"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | Article 368 punishes those who carry out acts of cultivation, processing or trafficking, or otherwise promote, or facilitating the illegal use of toxic drugs, narcotic drugs or psychotropic substances, or possessing them for those purposes. Furthermore, Article 370. 1. considers the committing of such offence on a children aged less than 18 years to be an aggravating circumstance. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 1995-11-24 | C182 | Organic Law 10/1995 on the Criminal Code - Article 612. 3. | [{"link_name":"Organic Law 10/1995 on the Criminal Code","source_link":"https://www.boe.es/buscar/pdf/1995/BOE-A-1995-25444-consolidado.pdf"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | Article 612. 3. of the Code prohibits the recruitment or enlistment of minors below the age of 18 years for the purpose of armed conflict. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 1995-11-24 ; 1889 | C182 | Organic Law 10/1995 on the Criminal Code - Article 188. 1 and Article 189. 1. a) ; Civil Code - Article 315 | [{"link_name":"-Organic Law 10/1995 on the Criminal Code","source_link":"https://www.boe.es/buscar/pdf/1995/BOE-A-1995-25444-consolidado.pdf"},{"link_name":"-Civil Code","source_link":"https://www.boe.es/buscar/act.php?id=BOE-A-1889-4763"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | Article 188. 1 punishes anyone inducing, promoting, encouraging, favouring or facilitating the prostitution of a minor while Article 189. 1. a) prohibits the use of minors for the purpose of exhibitionist or pornographic performances, whether public or private, or for the production of pornographic material of any kind. As defined by Article 315 of the Civil Code, a minor is a person below the age of 18, thus punishing the commission of the above mentioned offences on children below that age. |
| Light work - Determination of types and conditions of activities | N/A | C138 | N/A | [{"link_name":"N/A","source_link":"N/A"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | Our research did not reveal the minimum age for light work under Spanish legislation, nor did it reveal the circumstances under which such work could be carried out, thus implying that there is no law setting a minimum age or determining the types and conditions for such activity. |
| Light work - Determination of types and conditions of activities | N/A | C138 | N/A | [{"link_name":"N/A","source_link":"N/A"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | Our research did not reveal the minimum age for light work or the circumstances under which it may be carried out under Spanish legislation. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 2021-06-04 ; 1889 | C182 | Organic Law 8/2021 on the protection of children and adolescents from violence - Article 177 bis ; Civil Code - Article 315 | [{"link_name":"-Organic Law 8/2021 on the protection of children and adolescents from violence","source_link":"https://www.boe.es/boe/dias/2021/06/05/pdfs/BOE-A-2021-9347.pdf"},{"link_name":"-Civil Code","source_link":"https://www.mjusticia.gob.es/es/AreaTematica/DocumentacionPublicaciones/InstListDownload/Codigo_Civil.PDF"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | Article 177 bis. of the Law punishes human trafficking, notably for the purpose of forced labour, slavery, practices similar to slavery, servitude, begging or sexual exploitation, and considers the commission of such offence on a minor to be an aggravating circumstance. It is worth noting that, Article 315 of the Civil Code defines a minor as a person below the age of 18. |
| List of hazardous activities prohibited for children | 1957-08-26 ; 2002 ; 2023 ; 1995 | C138 & C182 | Decree on work prohibited to women and minors | [{"link_name":"-Decree on work prohibited to women and minors","source_link":"https://www.boe.es/datos/pdfs/BOE/1957/217/A00785-00797.pdf"},{"link_name":"-Royal Decree 525/200","source_link":"https://www.boe.es/buscar/doc.php?id=BOE-A-2002-12505"},{"link_name":"-Resolution of September 6, 2023, of the Directorate General of Labour","source_link":"https://www.boe.es/buscar/doc.php?id=BOE-A-2023-19903"},{"link_name":"-Royal Decree 1561/1995","source_link":"https://www.boe.es/buscar/act.php?id=BOE-A-1995-21346"}] | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | The Decree provides for the list of hazardous work prohibited for children under 18 years of age. In addition, other laws prohibit the employment of children in hazardous work within certain specific sectors. It includes the Royal Decree 525/2002, of June 14, 2002, on the control of compliance with the Community Agreement on the organization of working time of seafarers, prohibiting night work for seafarers; the Resolution of September 6, 2023, of the Directorate General of Labour, which registers and publishes the VII General Collective Bargaining Agreement for the construction sector, prohibiting the employment of children in the construction sector (Article 18.4); the Royal Decree 1561/1995, of September 21, 1995, on special working days, prohibiting night work for children in the merchant marine and fishing industries. |
| Minimum age for hazardous work | 1957-08-26 | C138 & C182 | Decree of on work prohibited to women and minors - Article 1 | [{"link_name":"Decree of on work prohibited to women and minors","source_link":"https://www.boe.es/datos/pdfs/BOE/1957/217/A00785-00797.pdf"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | Article 1 of the Decree provides for the list of hazardous work prohibited for children under 18 years of age. |
| Minimum age for admission to apprenticeship | 2012-11-08 | C138 | Royal Decree 1529/2012 on the implementation of contracts for training and apprenticeship and the foundations of dual vocational training - Article 6 | [{"link_name":"Royal Decree 1529/2012","source_link":"https://www.boe.es/buscar/pdf/2012/BOE-A-2012-13846-consolidado.pdf"}] | 16 | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | Article 6. of the Decree sets the minimum age for training and apprenticeship to 16 years. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 2006-05-03 | C138 | Organic Law 2/2006 on Education - Article 4. 1 and Article 4. 2 | [{"link_name":"Organic Law 2/2006 on Education","source_link":"https://www.boe.es/buscar/pdf/2006/BOE-A-2006-7899-consolidado.pdf"}] | Yes | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | Article 4. 1 stipulates that basic education is compulsory while Article 4. 2 provides that basic education comprises ten years of schooling and takes place, on a regular basis, between the ages of six and sixteen years of age, which aligns with the minimum age of admission to work. |
| Minimum age for admission to work | 2013-10-23 | C138 | Royal Legislative Decree 2/2015, approving the revised text of the Workers' Statute Law - Article 6.1 and Article 6.4 | [{"link_name":"Royal Legislative Decree 2/2015","source_link":"https://www.boe.es/buscar/pdf/2015/BOE-A-2015-11430-consolidado.pdf"}] | 16 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | Article 6.1 of the Law sets the minimum age for admission to work to 16 years. Besides, in exceptional cases, Article 6.4 allows the exceptional employment of children aged below 16 for public performances provided that there is no danger to their health or professional and personal training. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 16-MAY-1977 | Source |
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 02-APR-2001 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| The Plan sets as priorities the detection and prevention of human trafficking, the identification, protection, assistance and recovery of trafficking victims, prosecution of the crime, cooperation and coordination, and increased raising of awareness. | [{"link_name":"National Strategic Plan against human trafficking and exploitation","source_link":"https://www.interior.gob.es/opencms/pdf/prensa/balances-e-informes/2021/220112_Plan_nacional_TSH_PENTRA_FINAL_2021_2023.pdf"}] | 2021-2023 | National Strategic Plan against human trafficking and exploitation | State Secretariat for Security of the Ministry of the Interior |
| The Action Plan lays the foundations for Spain to implement a series of initiatives to prevent sexual violence against children under the care or guardianship of public administrations, improve support for victims of sexual exploitation, and structurally strengthen the protection system to prevent such cases in the future, with special attention to girls and adolescent females. To meet these aims, the plan defined some measures for immediate implementation: Propose a specialised training in prevention and detection of sexual exploitation to all workers in residential centres for the protection of children in all the Autonomous Regions (around 1,300 centres); Develop a harmonised protocol for the prevention, early detection and intervention against possible situations of violence in residential centres for the protection of children; Develop a common guide to action for the detection, reporting and referral of cases of sexual exploitation against children in residential centres, with special attention to girls and adolescents; Establish a specialized comprehensive care and recovery services for girls and adolescents victims of sexual exploitation. The Plan of Action also sets structural reinforcement measures of the protection system which include: Increase community care and de-institutionalization of children and girls under guardianship; Improve child care in the protection system; Improve information systems. | [{"link_name":"Plan of Action against the sexual exploitation of children and young people in the child protection system","source_link":"https://violenciagenero.igualdad.gob.es/wp-content/uploads/Plan_Accion_contra_ESI_sistema_proteccion.pdf"}] | 2022 | Plan of Action against the sexual exploitation of children and young people in the child protection system | Ministry of Social Rights and Agenda 20230 and Ministry of Equality |
| To reach social inclusion, equal opportunity and non discrimination and Participation of Roma community, the Plan defined 9 strategic lines corresponding to : Education; Employment; Housing and essential services; Healthcare; Poverty and social exclusion and the digital divide; Antigypsyism and non-discrimination; Equality between women and men and against violence against women; Promotion and recognition of Roma culture; Participation of Roma and the Roma association movement. | [{"link_name":"National Strategy for Roma Equality, Inclusion and Participation","source_link":"https://www.dsca.gob.es/sites/default/files/derechos-sociales/poblacion-gitana/docs/Estrategia_aprob_cm_2_nov_ENGLISH.pdf"}] | 2021-2030 | National Strategy for Roma Equality, Inclusion and Participation | General Directorate of Family Diversity and Social Services |
| The Council Recommendation (EU) 2021/1004 of 14 June 2021, establishing the European Child Guarantee, aims to prevent and combat social exclusion by ensuring that children in need have access to essential services. This initiative supports children's rights by addressing child poverty and promoting equal opportunities. The recommendation outlines proposals for Member States regarding key services, including early childhood education and care, inclusive education and school-based activities (including a nutritious meal each school day), medical care, healthy nutrition, and adequate housing. It applies to all children under 18 who are at risk of poverty or social exclusion. In response to the Council Recommendation and in alignment with previously adopted strategic guidelines, Spain has developed a National Action Plan for the Implementation European Child Guarantee until 2030. It follows 7 key objective including : To increase the number of public places in early education and prioritise free access for students at risk of poverty or social exclusion, particularly in rural areas; To increase public education spending to a 5% of GDP by 2030; To reinforce social protection prioritising the most vulnerable children; To expand health service coverage (especially in mental health and ophthalmology); To promote foster care and the transformation of residential centres; To increase public housing and prioritise access to families with children and adolescents; To implement mechanisms for child and youth participation in public policies and services. | [{"link_name":"GIE","source_link":"https://ec.europa.eu/social/BlobServlet?docId=25871&langId=es"}] | 2022-2030 | State Action Plan for the Implementation European Child Guarantee (GIE) | Directorate General for the Rights of Children and Adolescents |