Rescaling Social Welfare Policies in Spain
Rescaling Social Welfare Policies in Spain
Table of contents
Introduction 1 1.1 1.2 1.3 CHANGING CONTEXTS: DEMOGRAPHY, ECONOMY, SOCIETY AND POLICIES Socio-demographic guidelines and trends The state, its organisational structure and founding legislation 1.2.1 References to the Spanish Constitution The market, commodification and labour market performance 1.3.1 Unemployment benefits on a contributory basis 1.3.2 Unemployment benefits on a welfare basis INSTITUTIONAL ANALYSIS. PLAYERS AND GOVERNMENT MEASURES Identification of the territorial institutions and their development 2.1.1 Origin of the Autonomous Communities Competences and limitations of the Autonomous Communities 2.2.1 Faculties of the Cortes Generales (Houses of Parliament) over the Autonomous Communities 2.2.2 Areas which are exclusively the jurisdiction of the State 2.2.3 Areas for which the Autonomous Communities may assume jurisdiction 2.2.4 Local Authorities Competences Institutional change 2.3.1 Autonomous Communities Local Corporations The flow of resources towards territorial levels Horizontal institutions and players (subsidiarity) on each level THE RESCALING PROCESS IN SELECTED POLICY FIELDS Territorial organisation of the four policies in Spain 3.1.1 Non-contributory Social Security benefits 3.1.2 Territorial organisation in the field of employment policies 3.1.3 Territorial organisation in the field of social services 3.1.4 Territorial organisation of care for the elderly Social Welfare and local policies against poverty in Spain 3.2.1 Social Welfare 3.2.2 Local policies to combat poverty Employment policies Care for older persons 3.4.1 Towards a Public Social Services System. APPENDIX 3 5 5 7 7 8 8 10 12 12 12 13 14 14 14 15 15 18 20 20 22 22 22 24 24 25 27 27 32 35 41 42 48
2 2.1 2.2
3.2
3.3 3.4
Introduction
The departure point of the period to be analysed is of the utmost historical importance for Spain, i.e. the restoration of the democratic period whose focal point is the 1978 Constitution, the legislation par excellence that has governed and responded to the whole process of socioeconomic evolution that has taken place in Spain over these years. Social policies have undergone great transformations in Spain, following the consolidation of democracy and particularly, after the Spanish Constitution of 1978, which acknowledged a series of fundamental rights for citizens: education, health, housing, social welfare, etc., thus propitiating a new framework for citizen rights in an incipient democracy. On the other hand, this Constitution also established the State of Autonomous Communities, which was a new framework for the territorial organisation of the Public Administrations. It also meant that the Local Corporations, as the most local of the Public Administrations, took full responsibility, in some matters that were the object of study as public services to citizens, for the management of the most basic public services. We should also highlight the following general characteristics that have had a decisive influence on this process: In this period, Spain went from being a country of emigrants (even in 1978, calculations indicate that there were 2 million Spaniards living abroad, while there were hardly 150,000 foreign residents in Spain) to becoming a country of immigration, with the return of a great number of Spaniards who had been living abroad and an increase in the foreign population, to approximately two million, according to data of the most recent census in 2002. It is evident that despite the change of direction of our migratory balances, the Spanish population has aged significantly, which has serious repercussions, especially on the job market, on the ratio of pensioners and contributors to the social security system and on social welfare services. We must also add up the important changes that have occurred in the composition of Spanish families, which traditionally used to be the main support in care for the elderly, childcare and in general, in any situation of need that occurred in extended families where various generations often lived together, which is a very uncommon situation nowadays. The area of education is possibly one of the areas in which the greatest achievements have been made. The traditionally high rates of illiteracy and of people who barely knew how to read and write are now history and the effort made by the families themselves, which is very important, and by the whole of Spanish society, with the advent of mandatory schooling and aids towards education such as grants, etc. now mean that many see the dream of access to higher education come true. Another very noteworthy aspect is the change that has occurred in the role that women play in society. Despite the fact that these changes are still not very noticeable at the level of the overall female population, because of the effect of the older groups, the behaviour of the younger female population has led to a transcendental change that is having a tremendous effect on our society (there are more women than men in university education and for the first time in the history of Spain, the employment rates of young women are the same as those of the men of the same ages). The last aspect to be highlighted refers to the significant change that has occurred in the economic structure of our country and, in general, to the increase in the levels of income and therefore in the standards of living of Spanish citizens.
These changes meant that even back in the year 1978 when the Constitution was signed, the relative participation of agriculture had gone down from 17.2 % in 1964 to 9 % of the GDP in 1978, that the services sector had reached 51.4% of the overall economy compared to 42.6 % in 1964 and that the relative participation of the industrial sector remained at around 40 % of GDP. As a result of the development that began in the decade of the sixties, the Gross Domestic Product increased at an annual rate of 5.9 % in actual terms in those 20 years. Similarly, there has been a very positive evolution in the levels of consumption registered by households and in the standards of equipment in homes. In the last 25 years, not only have these changes been consolidated; they have undergone very significant progress. Thus, the services sector has gradually increased its participation in GDP to reach 64.2 % in 2002, mostly due to two decisive factors; on the one hand, the greater success of tourist activity in Spain and on the other hand, as a consequence of the process of tertiarisation of industrial companies, where certain services that used to be provided by the latter have been transferred to the corresponding service branches (corporate management, IT and communications, all kinds of corporate advisory services, etc.), in the context of the improved competitiveness of industrial activity. However, as well as coming closer to the economic structures of neighbouring developed countries, all sectors of economic activity have continued to register a considerable increase in activity, so much so that the gross domestic product generated by Spaniards has registered an average annual increase of 2.6 % at constant prices, even after taking into consideration the oil crises suffered at the end of the seventies and the recession of 1993. Moreover, in the European context, the Spanish gross domestic product per inhabitant with purchasing power parity, measured against the European average, has gone up 13 points since 1980, reaching 84 percent of the average in 1984, which reflects the speed of the process of convergence that has taken place. We should also mention the changes that have occurred in the field of employment, especially as regards the composition of active workers by foreign nationalities (0.3 % of the total in 1978, compared to 2.3 % in the 4th Quarter of 2002); the increase in the female employment rates (28.1 % in 1978, compared to 42.3 % in 2002) and, as a negative aspect, the difficulties encountered by young people trying to enter the job market after their studies, as young Spaniards take more than 28 months to find reasonable employment. Another of the most characteristic aspects of the Spanish job market is the low proportion of people working on a part-time basis, as well as the high rates of temporary employment.
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1.1
Figure 1
18000 16000 14000 Miles 12000 10000 8000 6000 4000 2000 0 1900 1910 1920 1930 1940 1950 1960 1970 1981 1991 2000 2010 2020 2030 2040 2050 Aos * From, 1900 to 2000, actual data; from 2010 to 2050, projected data; from 1970 onwards, de jure population.. Source: INE: INEBASE: Population figures. Population according to sex and age from 1900 to 2001 . INE, 2004. INE: INEBASE: Projected population figures calculated on the basis of the Population 2001 Census INE, 2004. 65-79 80 y +
The territorial structure of the elderly in Spain has hardly varied. Catalonia, Andalusia and Madrid are still the Autonomous Communities with the greatest number of elderly on register in their Municipalities; there are more than one million in each of the first two (2003) (Table 1.2). Castile and Leon (22.9 %), Asturias (22.1 %), Aragon and Galicia (21.3 %) are proportionately the most aged regions; in all of these, at least one in five citizens is aged 65 years or over. On the other end of the scale, the Canary Islands (12.0 %) are still the community with the lowest proportion of elderly, followed by Murcia and the Balearic Islands (14.1 %), Madrid (14.5 %) and Andalusia (14.8 %). See appendix for Graphs and Tables corresponding to Indicators of social services for the elderly in Spain
1.2
The promulgation of the Constitution in 1978 laid the foundations of the Welfare State. From then onwards, and particularly in the decade of the eighties, measures were implemented in order to configure a decentralised, solidarity-based socio-economic model. The Spanish Constitution of 1978 introduced important new aspects regarding how the State is organised at territorial level and was the framework for the principles and obligations that guarantee citizens rights. Its essential characteristics are that it is democratic, monarchical, autonomic, guaranteeist and ensures the balance of powers.
1.2.1
State competences :
Art. 139.1.- All Spaniards have the same rights and obligations in any part of the State territory.
Art. 149.1.1.- The State holds exclusive jurisdiction over regulation of the basic conditions guaranteeing the equality of all Spaniards in the exercise of their rights and in the fulfilment of their constitutional duties.
1.3
The Constitution establishes a very well defined framework of competencies, differentiating between those that pertain to the State and those that pertain to the Autonomous Communities. By virtue of this distribution of competencies, the State is entrusted with legislative regulation of all matters related to work and employment and with the setting of regulations and the management of the Social Security, while the Autonomous Communities are entrusted with management of employment. After 1990, competencies started to be transferred to the Autonomous Communities and nowadays, professional vocational training and the computation of active policies as a whole are directly administered by 16 of the 17 Autonomous Communities. Moreover, public employment services have been created at autonomic level, the structure, organisation and jurisdiction of which are determined by Chapter III of Employment Act 56/2003, of 16th December. The Spanish unemployment system distinguishes between unemployment benefits on a contributory basis and unemployment benefits on a welfare basis.
1.3.1
Benefits on a contributory basis are known as unemployment benefit. In order to qualify for this benefit, as well as meeting the stated requirements referred hereafter, the worker must have contributed to the Social Security for this contingency beforehand. There is protection for situations of unemployment of those who are able and willing to work, but who lose their employment on a temporary or final basis, or whose working day is reduced temporarily by at least a third, according to the terms of an employment regulation file, with the corresponding loss or analogous reduction in wages for some of the causes that are established as legal situations of unemployment. Groups may benefit from unemployment benefit as long as they are in one of the legal situations of unemployment that have been defined, that they have complied with the minimum contribu-
tion period required for these contingencies and that they are not in a situation of incompatibility. The financial benefit for total or partial unemployment also means that the Public State Employment Services or the Marine Welfare Institute pays for sea workers their contribution to the Social Security, as long as they are receiving unemployment benefit, at a rate of 100 percent of the employers contribution and 25 percent of the workers contribution. The requirements in order to qualify for unemployment benefit are as follows: To be affiliated and registered or in a situation that is assimilated to registration To be in a legal situation of unemployment To provide proof of willingness to actively look for employment and to accept a suitable job, and to sign a commitment to activity To have covered a minimum period of 12 months contribution in the six years before the legal situation of unemployment To have reached the ordinary age that is required in each case in order to qualify for the contributory retirement pension. Not to be included in any of the causes for incompatibility.
The legal situation of unemployment must be proven in order to qualify in the terms that are laid down in legislation. As well as the termination of an employment relationship, suspension of an employment relationship and reduction in working hours, the following are also considered to be legal situations of unemployment: The return to Spain of workers whose employment relationship abroad has been terminated Release from prison Periods of inactivity of discontinuous permanent workers The length of time that the benefit is received depends on the employment period in which the worker contributed to Social Security regimes contemplating this contingency in the six years previous to the legal situation of unemployment or to when the obligation to contribute ceased, or, where applicable, since the commencement of the right to previous unemployment benefit, in accordance with the following scale:
Employment period in which contributions were made in the last 6 years Between 360 and 539 days Between 540 and 719 days Between 720 and 899 days Between 900 and 1079 days Between 1080 and 1259 days Between 1260 and1439 days Between 1440 and1619 days Between 1620 and1799 days Between 1800 and 1979 days Between 1980 and 2159 days 2160 and over Length of benefit 120 days 180 days 240 days 300 days 360 days 420 days 480 days 540 days 560 days 660 days 720 days
The amount of the benefit depends on the workers calculation basis. The amount to be received will be 70 percent of the calculation basis in the first 180 days. From the 181st day onwards, it will be 60 percent of the calculation basis. The benefit will be paid by the Public State Employment Service or the Marine Welfare Institute. The procedure for applying for and being entitled to the benefit implies that the worker must perform the following: He/she must register as a job seeker and apply for the benefit at the Employment Office within the fifteen working days following the legal situation of unemployment, return from abroad or release from prison. On the date of the application, he/she must sign a commitment to activity which consists of the obligation that the receiver of the benefit acquires to actively seek employment, accept a suitable job and participate in specific initiatives for motivation, information, guidance, training and professional reconversion or insertion in order to increase his/ her employability.
The regulations also foresee the possibility of unemployment benefit being paid in a single lump sum as a measure to promote employment in the social economy and self-employment.
1.3.2
Workers who are registered as job seekers within one month, who have not refused a suitable job offer or refused to participate without justified reason in professional promotion, training or reconversion initiatives and who are not receiving income of any kind above 75 percent of the Minimum Multi-sectoral Wage, excluding the part that is proportionate to two extraordinary payments, on a monthly basis, are in some of the situations that are foreseen in the regulations corresponding to the modalities hereafter mentioned. It consists of a financial benefit and of payment to the Social Security of the contribution corresponding to healthcare benefits, family protection and, where applicable, retirement. The duration, amount and contribution to the Social Security depend on the type of allowance to which the person is entitled. The following types of unemployment allowance are available: Workers whose unemployment benefit has expired and who have family dependents. Workers over the age of forty-five whose unemployment benefit for at least twelve months has expired and who do not have family dependents. Emigrant Spanish workers that are returning from countries that do not belong to the European Economic Area or with which Spain does not have an agreement on unemployment protection, who provide proof of having worked for at least twelve months in the last six years in such countries since the last time they left Spain and who are not entitled to unemployment benefit. Workers who have not completed the minimum contributory period in order to qualify for a contributory benefit when the legal situation of unemployment occurs. Ex-convicts Workers that are declared to be fully capable or with partial incapacity as a result of a process to revise a situation of severe invalidity, permanent total or absolute incapacity to exercise their usual profession due to improvement of the latter. Special allowance for workers over the age of forty-five whose unemployment benefit of twenty-four months has expired.
For a comparative study, see appendix: Indicators for Employment in Spain. 2001-2005. 10
Unemployment allowance for workers over the age of fifty-two years. Lastly, and as a measure to provide incentives for employment of workers encountering particular difficulties in finding employment, the Active Insertion Income Programme has been set up.
The aim of this programme is to increase the opportunities for unemployed workers with special economic needs and difficulty in finding employment to return to the job market. This programme includes active employment policies run by the public employment services with a view to increasing their opportunities to return to the job market and, where applicable, a financial allowance managed by the Pubic State Employment Service, known as the active insertion income, which is linked to unpaid participation in initiatives in active employment policies. In order to qualify for this programme, unemployed workers under the age of sixty-five years must meet the following requirements on the date of application to join this programme: To be at least forty-five years of age To be a registered job-seeker at the employment office for an uninterrupted period of twelve or more months Not to be entitled to unemployment benefits or allowances or to agricultural benefits. Not to be receiving any kind of income over the monthly amount of 75 percent of the Minimum Multi-sectoral Wage, excluding the part that is proportionate to two extraordinary payments
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2
2.1
2.1.1
The Constitution of 29th December 1978 transformed the centralised character of the Spanish government by granting greater powers to the autonomous communities and implementing a decentralisation model. The right to autonomy of the nationalities and regions that make up the Spanish nation that was acknowledged in the Constitution represented a radical change from the previous regimen, which had been highly centralised. The aim was to provide a solution for a constant problem throughout the history of Spain, derived from the different identities that are present in the Spanish nation. The structuring of the Spanish State in Autonomous Communities is one of the most important part of the Constitution. Article 2 acknowledges and guarantees the right to autonomy of the nationalities and regions that make up the State. This provision is based on the premise of the indissolvable unity of the Spanish nation. The text of the Constitution establishes the powers that may be taken over by the Autonomous Communities and the attributions that are exclusive to the State (Title VIII, articles 137 to 158). Following the ratification of the Constitution, the process of establishment of the 19 Autonomous Communities was completed and their Statues were passed. There are 19 Autonomous Communities. Of these, 17 are autonomous communities in the strict sense, and two are cities. However, there is no legal difference between the autonomous communities and the cities. Autonomous Communities: Andalusia, Aragon, Asturias, Balearic Islands, Canary Islands, Cantabria; Castile-La Mancha, Castile-Leon, Community of Catalonia, Valenciana, Extremadura, Galicia, La Rioja, Madrid, Murcia, Navarra and the Basque Country. Autonomous Cities: Ceuta and Melilla
Nevertheless, the Autonomous Communities did not come about immediately after the Constitution was passed in 1978. The Councils of the then provinces, - the local legislative power and two thirds of the Municipalities that were in the latter had to formulate the corresponding legal initiative to become Autonomous Communities. The Cortes Generales of Spain, i.e. the national legislative power, passed the Constitution of autonomies and the Statutes of each one. The Statutes de Autonomy that were issued by each local Council then became the basic legislation in each community, bringing in mind the SC as a common framework. Within less than seven years, the process of establishment of the 19 Autonomous Communities was complete and their Statutes were passed, in the following order: 1. Statute of Autonomy for the Basque Country, 18-12-79. 2. Statute of Autonomy of Catalonia, 22-12-79. 3. Statute of Autonomy for Galicia, 28-4-81. 4. Statute of Autonomy for Andalusia, 11-1-82.
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5. Statute of Autonomy for Asturias, 11-1-82. 6. Statute of Autonomy for Cantabria, 11-1-82. 7. Statute of Autonomy of La Rioja, 19-6-82. 8. Statute of Autonomy for the Murcia Region, 19-6-82. 9. Statute of Autonomy of the Community of Valencia, 10-7-82. 10. Statute of Autonomy of Aragon, 16-8-82. 11. Statute of Autonomy of Castile - La Mancha, 16-8-82. 12. Statute of Autonomy of the Canary Islands, 16-8-82. 13. Reintegration and Improvement of the Foral Regimen in Navarra, 16-8-82. 14. Statute of Autonomy of Extremadura, 26-2-83. 15. Statute of Autonomy for the Balearic Islands, 1-3-83. 16. Statute of Autonomy of the Community of Madrid, 1-3-83. 17. Statute of Autonomy of Castile - Leon, 2-3-83. 18. Statute of Autonomy of Ceuta, 14-3-95. 19. Statute of Autonomy of Melilla, 14-3-95. For a better understanding of our territorial model, we mention broadly speaking the way competences among the different territorial levels are shared, including some complementary clarifications.
2.2
The various Autonomous Communities in Spain benefit from the same common framework that limits their autonomy. Article 148 of the Spanish Constitution indicates the areas in which the Autonomous Communities assume jurisdiction and article 149 indicates the areas in which the Spanish State holds exclusive jurisdiction. None of the communities is more autonomous than any other and there are no different levels of autonomy. However, the areas of competence of the Autonomous Communities that are not governed by themselves are governed by national laws. That is why there are differences in areas such as education, culture and budgets, mainly. The differences are due to two factors: Because the Autonomous Communities do not legislate on the areas of competence to which they are entitled according to the Constitution. Because the communities legislate on areas of competence that are not exclusive to the national government.
In the former case, if, for example, a community does not legislate on territorial waters or forestry resources, it no longer receives the central government budget for these areas and the national government takes charge of managing these areas. The second case occurs when an Autonomous Community legislates on matters that are not exclusive to the national government, such as secondary education or taxation on workers.
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2.2.1
Faculties of the Cortes Generales (Houses of Parliament) over the Autonomous Communities
The Cortes Generales, i.e. the Senate and the Congress of Deputies, have three attributions over the Autonomous Communities, according to the terms of article 150 of the Constitution. They can confer upon all or any of the Autonomous Communities the power to enact legislation for themselves on national laws. They may delegate to the Autonomous Communities, through an organic law, powers appertaining to the Spanish State. They may enact laws establishing the principles necessary for harmonizing the rule-making provisions of all of the Autonomous Communities.
2.2.2
The Spanish State reserves, nevertheless, a series of exclusive faculties and competences that may not be exercised by the Autonomous Communities. The most relevant include the following: Regulation of the basic conditions guaranteeing the equality of all Spaniards in the exercise of their rights and in the fulfilment of their constitutional duties. Nationality, immigration, emigration, status of aliens, and right of asylum. The Armed Forces; international relations and the Administration of Justice. Commercial, criminal and penitentiary legislation; procedural legislation. General planning of economic activity. The standing currency system and the official weights, measurements and timetables. The communication channels and public works that are located in more than one Autonomous Community. Legislation on the media. Public security, without prejudice to the autonomic policies. Defending the Spanish cultural heritage, without prejudice to management by the Autonomous Communities. Authorisation for popular consultations through the holding of referendums.
2.2.3
The areas for which the Autonomous Communities may assume jurisdiction are explained in article 148 of the Spanish Constitution. The most relevant competences or faculties are as follows: Organisation of their institutions of self-government. Changes in the municipal boundaries within their territory. Public works within their own territory. Use and regulation of agriculture and livestock raising. Use and regulation of woodlands and forestry. Environmental protection management. Planning, construction and exploitation of hydraulic resources.
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Promotion of the development of the Autonomous Community within the objectives set by national economic policy. The promotion of culture. The provision of Social Welfare. The administration and control over local police forces.
As well as the above, the Autonomous Communities enjoy financial autonomy in developing and carrying out their attributions. The resources of the Autonomous Communities come from the following sources: Taxes transferred by the State. Local taxes that are collected and administered by each Autonomous Community. Transfers from the interterritorial compensation fund, from the State budget. Income from heritage. Profits from credit operations.
All of the Autonomous Communities are entitled to legislate on matters that are necessary in regulating the above items.
2.2.4
At local territorial level, it is Law 7/1985, of 2nd April, that regulates the bases of the Local Regimen, the rule that marks out the competences of the authorities that are closest to the citizens. Article 25.2 of this law reads literally as follows: The Municipality shall, in any case, exercise competences in the terms of the legislation of the State and of the Autonomous Communities, on the following matters: k) the provision of social services and social promotion and reinsertion. In its article 26.1, it reads: The Municipalities must provide the following services, either on their own or on an associated basis: c) in Municipalities with a population in excess of 20,000 inhabitants.the provision of social services. In short, the process has diversified the initiatives of Public Administrations (General, Autonomic and Local) in the exercise of their competences and therefore, the current situation of the social services presents initiatives that are managed and carried out by the various public entities.
2.3
Institutional change
As well as the Constitution, which represents a transcendental change in all orders, various changes for the implementation of same have been introduced, at the three territorial levels in question: state, autonomic and local. Those changes were promulgated with the objective of facilitating the application of the principles and mandates expressed therein. The constitutional text has not been changed to date and remains in force in its entirety. The last 25 years have witnessed a continuous, scaled regulatory process of development of the constitutional text and of the Statutes of Autonomy that were promulgated immediately after the Constitution entered into force. It has been an ongoing, yet coherent process, consisting of the progressive decentralisation of management of the welfare policies, which can be said to have not yet finished. The powers have been transferred from the State to the Autonomy and in some cases, to the Municipalities.
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The State has reserved its right as coordinator and the establishment of a legal framework of minimums. Basically, it is a question of transferring management to bring it closer to the citizen, which is why the Institutions that are linked to the citizen at territorial level are chosen, which means that credit and human resources are also transferred. Funding is convergent. This means that there is state funding, which is sometimes complemented by autonomic and/or local funding. This depends on the area in question. Regulatory power is not transferred; it is maintained in each territory according to the terms of the Laws that govern the various areas. There has been a transfer of financial resources towards the Autonomous Communities and/or Town Councils. We would like mention under this title in a special way the attention to the elderly and the care of dependents from the perspective of the distribution of competences among the three public administrations. In order to determine the different public responsibilities as regards dependency, we must first of all consider how competences in these areas are distributed between the State and the Autonomous Communities. A quick look at the distribution reveals that there are important differences in the levels of jurisdiction, as may be seen in the following summary: Health matters. The State is responsible for establishing the bases and coordinating health matters (article 149.1.16 SC) and the Autonomous Communities are responsible for developing and operating the healthcare systems, according to the terms laid down in the corresponding Statutes de Autonomy. Social Security. The State has jurisdiction to establish the basic legislation and the financial system (article 149.1.17 SC), while the Autonomous Communities are responsible for developing and implementing its services, according to the terms of their Statutes. In this section, we must bear in mind the broad constitutional definition of this matter (The public authorities shall maintain a public Social Security system for all citizens which will guarantee adequate social assistance and benefits in needy situations , article 41 CE), which may allow for the inclusion of new services such as those referring to the care of dependents and the precedent for which would be the retirement and invalidity pensions and the benefits 2 per dependent child in the non-contributory mode. Social services. The Constitution does not reserve for the State jurisdiction in the field of social services; therefore, all of the Autonomous Communities have included in their statutes, albeit under different denominations, exclusive jurisdiction in this field, with the exception of matters corresponding to the Social Security that have followed the shared regimen appertaining to this field (article 149.1.17 SC). Labour legislation. The State is responsible for labour legislation (article 149.1.7 SC) and the Autonomous Communities may implement the latter, if this is established in their statutes.
By virtue of their statutes, the Autonomous Communities may reserve exclusive jurisdiction in the fields of housing and urban planning, tourism and leisure, and also, although to a different extent, as regards associations and foundations. This diversity in the levels of jurisdiction configures a highly complex space that makes it difficult to design transversal institutional responses aimed at meeting the needs that are generated
2
Law 26/1990, of 20th December, by which the non-contributory Social Security benefits were established, indicated in its recitals that such benefits were provided on the basis of implementing the guiding principle contained in article 41 of our Constitution 16
by dependency. We should remember that jurisdiction implies the responsibility to guarantee the rights that are acknowledged, including the total or partial funding of the services that are needed to meet them. To sum up, the State has jurisdiction on labour legislation, basic legislation for healthcare and the Social Security and in this latter case, also as regards the financial system of the Social Security. According to the terms laid down in their Statutes of Autonomy and the interpretation made by the mixed committees on transfers, the Autonomous Communities hold jurisdiction in the field of the implementation of legislation on labour and industrial relations, legislative development and implementation of basic legislation on healthcare and the Social Security, with the exception of the rules that configure the financial system of the latter. As regards social services, all of the Autonomous Communities have included in their Statutes of Autonomy exclusive jurisdiction on this matter, albeit under different denominations some 3 of which are clearly excessive, on the basis of which they have promulgated Laws on social services and/or social action. One issue that is of great interest in the subject at hand refers to the interpretation that should be made of the jurisdiction referring to the Social Security Social Services (IMSERSO), as both matters are subject to different systems of jurisdiction, as we have already explained. If we sidestep the interesting debates on this issue and stick to the criterion established in the agreements of the mixed committees on transfers, we see that when the Social Security social services were transferred, priority was given to the origin and thus the shared jurisdiction regimen of article 149.1.17 of the Constitution was followed. However, in order to specify the scope of the Social Security services that were transferred, it is necessary to analyse the corresponding Agreements that were established by the aforementioned mixed committees, because the content is not identical, especially among the initial transfers that were agreed upon with the so-called 4 fast-track Communities that we consider to be more wide-ranging and the others, the contents 5 of which were established by means of Organic Laws to reform the Statutes, all of which were issued on 24th March 1994, and which attributed executive functions in this matter according to the following terms: Management of social services and benefits of the Social Security system: Inserso. The benefits in the system, the requirements in order to qualify as a beneficiary and the funding shall follow the rules laid down by the State in the exercise of its jurisdiction, in accordance with the terms of item 17 of section 1 of article 149 of the Constitution. Moreover, in all cases, this exercise shall be controlled by the high State inspectorate. Of all the matters that fall under the jurisdiction of the Autonomous Communities, special attention should be paid to those that refer to the acknowledgement, statement and specification of
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Social assistance (Basque Country, Catalonia, Galicia, Madrid, Navarra, Community of Valencia); social assistance and services (Andalusia, Castile-La Mancha, Castile and Leon, La Rioja); social assistance and welfare (Asturias, Aragon, Cantabria, Extremadura, Murcia); social action and benefits (Balearic Islands). For example, in the case of Catalonia, which received the first transfer of powers in the field of the Social Security (Royal Decree 1517/1981, of 8th July) conditions management of the centres, establishments and services solely to the States basic legislation, although as regards determining who should qualify as beneficiaries, the requirements and intensity of the protective action and the financial and economic systems, the "general Social Security regulations" should be followed. On the other hand, the statutory reforms of 1994 directly subjected management of social benefits and services to the rules laid down by the State . Asturias (OL 1/1994); Cantabria (OL 2/1994); La Rioja (OL 3/1994); Murcia Region (OL 4/1994); Community of Valencia (OL 5/1994); Aragon (OL 6/1994); Castile-La Mancha (OL 7/1994); Extremadura (OL 8/1994); Balearic Islands (OL 9/1994); Community of Madrid (OL 10/1994); Castile and Leon (OL 11/1994). 17
the degree of disability and to the application for and granting of benefits, including those that are intended to cover the needs of dependents. Analysis of these may be of interest in determin6 ing new benefits. As regards assessment of the current regulations, Royal Decree 1971/1999, of 23rd December, refers in article 6 to the ownership and exercise of jurisdiction, lays down the following: The corresponding bodies in the Autonomous Communities to which a role in the task of specification of degrees of disability and handicap has been transferred, or the Institute of Migrations and Social Services, are responsible for the following: a) Acknowledgement of the degree of handicap; b) Acknowledgement of the need of the assistance of another person in order to perform the essential tasks of daily life and the difficulty in using group public transport, for the purposes of the allowances, services or benefits that are established; c) other roles referring to the diagnosis, assessment and guidance for situations of handicap that have been or may be attributed by state or autonomic legislation. The following article on territorial jurisdiction reiterates the jurisdiction of the Autonomous Communities in carrying out the aforementioned roles. As regards the second issue, Law 26/1990, of 20th December, which creates the Social Security non-contributory pensions, laid down in the fourth additional provision that 1. Invalidity and retirement pensions, in their non-contributory modes, shall be managed by the National Social Services Institute or, where applicable, by the Autonomous Communities that have been granted statutory jurisdiction in this matter and to which the services of the aforementioned body have been transferred .
2.3.1
To this complex jurisdictional structure between the State and the Autonomous Communities, we must also add the structure that corresponds to the jurisdiction of the Local Corporations. The constitutional proposal for the territorial organisation of the State is stated in Title VIII, where it establishes two general levels of Local Administration, the Municipalities and the provinces, although it also contemplates the case of the islands and the possibility that Groups of municipalities other than those of the provinces may be formed (article 141.3 SC) which, in the case of the Statutes de Autonomy, foresees the possibility that by grouping the bordering municipalities together, they may set up their own territorial electoral districts, which will enjoy full legal personality (article 152.3 SC). On the other hand, the constitutional text lays down the general principles of this organisation: autonomy (articles 137, 140 and 141.2 of the SC), solidarity (article 138.1 SC), the impossibility of economic and social privileges (article 138.2 SC), equality of rights and obligations (article 139 SC), freedom of circulation and settlement (article 139.2 SC). The State, in the exercise of its jurisdiction, promulgated Law 7/1985, of 2nd April, which regu7 lates the Bases of the Local Regimen (LBRL), specifying the following local entities: a) the municipality, b) the province, c) the island in the Balearic and Canary archipelagos, d) other entities: those whose territorial scope is less than municipal and which are set up or acknowledged by the Autonomous Communities; the counties or other entities that group together various Municipalities and are set up by the Autonomous Communities; metropolitan areas and the Municipalities. This law specifies the general jurisdiction of the local bodies and defines the areas in which the municipality will always hold jurisdiction, according to the terms of the legislation of the State and the Autonomous Communities. Among the responsibilities that are indicated is
6
The background to this rule is Royal Decree 1723/1981, of 24th July, on the acknowledgement, statement and specification of the conditions of mental handicap and disability and its implementing rules. Partially amended by Law 57/2003, of 16th December, on measures to be taken in order to modernise local government. 18
participation in the management of primary healthcare and the provision of social services and services aimed at social promotion and reinsertion (article 25.1, i, k), stating the obligation to provide same, by themselves or on an associated basis, depending on the population of the municipality, which in the case of social services, is set at 20,000 inhabitants. As regards the province, this law establishes as one of its basic purposes, to guarantee the principles of intermunicipal solidarity and balance (article 31.2) and indicates the jurisdiction appertaining to the provincial councils: a) coordination of municipal services in order to guarantee appropriate, all-round provision; b) legal, economic and technical assistance and cooperation with the Municipalities; c) the provision of supra-municipal or, where applicable, super-county public services; d) cooperation by promoting social and economic development and in planning provincial territory; d) promoting and managing the interests of the province (article 36.1). As regards other local entities, it provides that in accordance with their competences, the Autonomous Communities may create in their territories counties or other entities that group together various Municipalities and that the laws by which they are created will determine their governing bodies, competences and financial resources (article 42.1 and 3), yet this under no circumstances may lead to the loss of the minimum municipal jurisdiction (article 42.4). According to this regulation, the specification of the roles in these matters that is made by the State or Autonomous Communities, whichever corresponds to the affected competences, shall require the rank of law (article 25.3). Along these lines, it states that: The basic laws of the State that are foreseen in the Constitution shall determine the jurisdictions that they themselves attribute or, which, in any case, must correspond to the local entities in the areas on which they regulate (article 2.2). Thus, for example, Law 14/1986, of 25th April, the General Healthcare Act (LGS), lays down in Title II, chapter III, the competences of the Local Corporations and circumscribes the autonomic organisational regulation to the responsibilities and competences established in the Statutes of Autonomy, the Law on the Bases of the Local Regimen and the Healthcare Act itself; specifies its participation in the managerial bodies in the areas of healthcare and indicates the minimum responsibilities in the matter of public health (article 42 LGS). On the other hand, in the field of social services, it was the Autonomous Communities that issued laws to develop this matter and distribute competences between the Government of the Autonomous Community and the Local Corporations within their territories. Thus, on the basis of the constitutional regulations, the Statutes de Autonomy and the basic laws, the Autonomous Communities have established their territorial organisation, structured their local entities and governing bodies and distributed their jurisdictions. In general, there are important differences between them, depending on whether the communities are composed of various provinces or a single province, as in the latter case, because the territory of the province coincides with that of the Community, there are no provincial councils or in the case of Communities formed by archipelagos in which the islands have their own organisation, such as the 8 9 Canary Island Councils or the Balearic Islands Councils which have been transferred competences in some matters related to dependency (for example, in social assistance and social services). The territorial and functional organisation also varies according to the options that are chosen, within the possibilities of the jurisdiction, to create supra-municipal local entities, especially counties, such as for example in the cases of Catalonia, which has attributed them indi8
See article 22.3 of Organic Law 10/1982, of 10th August, on the Statute of Autonomy of the Canary Islands, articles 43 and 47 of the Canary Islands Territorial Law 8/1986, of 18th November, on the Legal Regimen of the Canary Islands Public Administrations and the changes introduced by Law 14/1990, of 26th July on the Legal Regimen of the Canary Islands Public Administrations, as well as the sectoral regulations, particularly as regards the social services. See article 39 of Organic Law 2/1983, of 23rd February, on the Statute of Autonomy of the Balearic Islands and Title IV of Law 8/2000, of 27th October, on the island councils of the Parliament of the Balearic Islands, which establishes the functions and jurisdiction of these councils. 19
vidual competences in matters of healthcare and social services, or of Aragon, where this occurs 10 with social action. In this context, we must remember the peculiarities that are present in large 11 cities but also small Municipalities, particularly those that are located in isolated areas. In general, we can conclude that the autonomic laws on social services attribute the Local Corporations individual jurisdiction in terms of scheduling, coordinating and providing primary level social services (also known as general, community or primary care social services), which include information, diagnosis and guidance, as well as home care, homes and day-centres, the tele-alarm scheme, etc., although these latter services are often provided by private entities.
2.4
In order to this task may be carried out, it must be established by law. Therefore, the Central Government presents parliament with a draft General State Budgets Act on an annual basis, which contemplates the projected income and authorised expenditure to be carried out by the State and by the entities that are linked to or dependent on the latter. Articulation of funding for Local Corporations and their participation in State taxes, as well as articulation of funding for the Autonomous Communities are also contemplated in accordance with the terms of the General Budgets Act, which is the framework legislation par excellence in this matter. Regulations regarding the calculation bases and types of contribution to the Social Security are also contemplated. As well as the annual States General Budgets Act, the autonomic Parliaments also pass their own autonomic budget acts, which have the same format, but refer to the territorial scope of the Autonomous Community in question and to the competences that have been granted them by the law. There is an interterritorial compensation fund, which is a sufficiency fund, the main mechanism for ensuring equality in the system and the objective of which is to cover for the differences between each Autonomous Communitys expenditure needs and its capacity (from the 1999 General State Budgets). See appendix.
2.5
Departing from the three aforementioned territorial levels, it is important to establish the mechanisms that coordinate development of the various welfare policies in the various territorial levels. In order to so do, we must understand that the State has exclusive jurisdiction in planning some policies, for example, non-contributory benefits. On the other hand, the Autonomous Communities hold exclusive jurisdiction in other policies, such as social welfare benefits and lastly, that
10
Article 25 of Law 6/1987, of 4th April, on the organisation of Catalonia in counties and article 8 of Law 10/1993, of 4th November, on the Structuring of Aragon in counties, respectively. Title X of Law 57/2003, of 16th December, on measures to be taken in order to modernise local government, deals with the regimen for organising Municipalities with large populations and the city of Barcelona has a Municipal Charter, passed by Law 22/1998, of 30th December, on the Parliament of Catalonia, which earmarks important competences in matters related to social services and public welfare. 20
11
Municipalities with a certain number of inhabitants are responsible for managing social services. Generally speaking, the levels of coordination are very good, although dispersion or duplicity may not be avoided in some cases. In order to facilitate provision of the actions that are planned at state, autonomic and local level, other players that collaborate efficiently in the process also participate, such as the social interlocutors, civil society, private and public Institutions and corporate entities. The most commonly used model is the Agreement with the Institutions in question, by which the pseudoprivate initiative is backed by the guarantee of the Public Institution that supports the good intention of same. As regards funding, there are a very great number of cases that may not be described herein, but in general terms, the normal situation is one of co-funding by means of subsidies, bonuses or other similar figures, as far as taxation or social security are concerned. There is also the possibility of joint participation by various players involved with different Public Administrations. The only condition that has been established is the legal framework, which may never be infringed. Next title deals with the different formulae for institutional cooperation for each of the four policies under study.
21
3
3.1
We analyse under this title the territorial organization for policies related to:
3.1.1
Evolution in legislation
The Spanish Constitution provides in article 41 that the public authorities shall maintain a public Social Security system for all citizens which will guarantee adequate social assistance and benefits in needy situations, especially in cases of unemployment. Supplementary assistance and benefits shall be optional . After the 1978 Constitution, Royal Decree 2620/1981, of 24th July, on Assistance for the Elderly and Sick, regulated the National Social Welfare Fund, which consisted of the granting of individualised financial grants to the elderly, the sick or the disabled and unable to work that met certain requirements as regards age, lack of financial resources for subsistence, absence of relatives under the obligation to provide food or the non-membership of Communities, Institutes, Orders or Organisations under the obligation to provide food. Other legislation on social protection by the state that went before the establishment of the noncontributory pensions in the Social Security included the promulgation of Law 13/1982, of 7th April, on social integration for the handicapped (LISMI), and Royal Decree 383/1984, of 1st February, which establishes and regulates the special social and economic benefits system foreseen in law 13/1982, of 7th April. The guiding principles that inspired law 13/1982, of 7th April, are based on the rights that are acknowledged to the physically and mentally handicapped and to those with sensory disabilities by article 49 of the Constitution, by virtue of their dignity, in order that they may attain full personal development and total social integration, and to the profoundly disabled, for the necessary assistance and supervision. The system of social and economic benefits included under the auspices of the protective action of the 1982 Law includes: Healthcare and pharmaceutical allowances Subsidy to guarantee minimum income Third-party assistance subsidy Mobility subsidy and compensation for transport expenses Professional recovery Medical-occupational rehabilitation
22
The requirements or conditions to be met in order to qualify as a beneficiary of the established social and economic benefits system, as well as being affected by a disability equal to or greater than the severity described in Royal Decree 383/1984, to hold Spanish nationality and reside in Spain and not to fall under the scope of application of the Social Security. With the publication of Law 26/1990, of 20th December, which established non-contributory benefits in the Social Security and further developed article 41 of the Constitution, the Social Security System was configured as being mixed, as it included a contributory level that replaces the income from work at the end of the persons working life, either for reasons of age or disability, along with a non-contributory level, which ensures compensatory income to cover situations or states of need due to the disability or retirement of those who have never paid social security contributions or whose contributions have been insufficient, or if they have disabled children for whom they are responsible. The third additional provision also specifies the incompatibility of the non-contributory pensions with the welfare pensions regulated in the Law of 21st July 1960 and with the subsidies that were eliminated in Law 13/1982. Royal Legislative Decree 1/1994, of 20th June, passed the reworded text of the general Social Security Act, reformulating the content of law 26/1990 and configuring as a subjective right that guarantees integrated protection for the elderly and the disabled, by means of a financial income, healthcare and pharmaceutical benefit, as well as complementary social services. These are funded from the States General Budgets and the necessary amount is integrated in the Social Security budget. Therefore, they are funded from taxation and not from work-related contributions. The Law guarantees the same annual revaluation as for contributory pensions, as regards the increase in the Consumer Prices Index. The total amount is established on an annual basis in the States General Budgets Act, reaching 288.79 euros per month and 4,043.06 euros per annum in the year 2005. In the month of June in 2005, Law 8/2005 was passed, making non-contributory disability pensions compatible with work. Until this Law was passed, the General Social Security Act stated expressly that the beneficiaries of non-contributory disability pensions would automatically regain entitlement to their pension when they ceased their work, which meant that the pension was suspended when they were hired or entered self-employment. Although this regulation did not seek on a de facto basis to discourage pensioners from taking up employment, in practice this was occurring. The new law attempts to mitigate this difficulty.
23
Lastly, as regards attention to Spanish emigrants in need, we should quote Law 3/2005, of 18th March, which guarantees a financial allowance for citizens of Spanish origin that had been sent abroad as minors as a result of the Civil War, and who have lived most of their lives outside national territory.
3.1.2
When the Basic Employment Act 51/1980 was passed, the context from the socio-economic, technological and territorial organisation perspectives was different to the current setting. The situation at the time was characterised by the existence of a single Public Employment Service, which operated on the basis of a centralised monopoly around the national Employment Institute (currently the Public State Employment Service). The changes in the political and institutional environment have led to a shift from the traditional management method towards decentralisation, with transfers of Functions and Services in implementing active policies. One component of the funding for these policies is from the European Union through the Public State Employment Service, even when management is entrusted to the Autonomic Administrations. Moreover, we must bear in mind that the globalisation of the economy and the process of European integration mean that it is no longer possible to act merely on national level. The policy coordination strategy underway in the European Union obliges the Spanish State to establish quantified objectives for action with the unemployed, as the European Union links distribution of structural funds (ESF) to the meeting of these objectives, which means that it is necessary to establish mechanisms that make it possible to meet them. Before our Constitution in the year 1978, Spain was a country that was totally centralised, both in terms of planning and administration. The active policies and job-finding services were managed on an exclusive basis by the INEM (present-day Public State Employment Service). By virtue of the distribution of competences, the State is entrusted with the passing of legislation on all matters related to work and employment and the passing of regulations and managing the Social Security, while the Autonomous Communities are in charge of managing employment. In the year 1990, the governments of the Autonomous Communities began to ask the State to transfer Management of Active Policies to their administrations. The Public State Employment Service, (INEM at that time) which had up to then been the sole entity in charge of management of the States active and passive policies, started to transfer the active policies to the Autonomous Communities: first of all, progressive management of occupational training (an essential part of the active policies), and, from the year 1996 onwards, the rest of the active employment policies. This is how the Public Employment Services began in the Autonomous Communities. They integrate all of the transferred policies with their own policies, whereas the latter are carried out in accordance with their Statutes of Autonomy. Thus, the maximum results are obtained from all of the resources that are available to citizens.
3.1.3
At the commencement of the Spanish political transition towards democracy, at the end of the seventies, the political institutions and the public sector in general embarked on a transformation. The social assistance and benefit systems were transformed on the basis of a new concept associated to social services. It may be said that the new administrative configuration, the elimination of the existing institutions, the restructuring of the Social Security and the establishment of the State of Autonomies meant a change in direction for social services. This process, which began in 1975, affected the legal system of social assistance, basically due to the establishment of the State of Autonomies and to the transfers, based on the Constitution
24
and the Statutes of Autonomy. On the other hand, the change that occurred in the political and social arenas, drove social demands and promoted greater proximity between the Town Councils and the needs of their citizens. The period 1980-2005, which is the object of this study, is a decisive stage in analysing the social services in Spain. After the stage of expansion and consolidation, we are now faced with new challenges, propitiated by socio-demographic elements: the ageing of the population, immigration, the inclusion of women in the world of employment, the new family models and the new processes of social exclusion and population at risk. The jurisdictions of the Public Authorities in matters of Social Services are established on three levels: State (art. 139.1. and art. 149.1.1.), Autonomous Communities: (art. 148.2) and Local Corporations (art. 140). The Statutes of Autonomy published in early December 1979 (Basque Country) and most recently, in February 1983 (Castile and Leon), as previously appointed in this report, according to the terms of article 137 of the Constitution, constitute the legal framework that guarantees the rights of citizens in the corresponding fields and state, among the competences that are assumed by each Autonomous Community, those corresponding to social assistance, welfare and services. Each Statute declares that it shall safeguard in its territory compliance with the Constitution, guaranteeing the rights of its citizens and protection for all sectors of population, especially those that are considered to be most vulnerable. The Social Services laws issued by the Autonomous Communities in the context of the competences defined in the corresponding Statutes de Autonomy contemplate the principles, objectives, initiatives, benefits and organisation and the establishment of a Network of facilities and services that have led to the development and implementation of social services throughout the territory of the State. After an initial stage of promulgation of the Social Services acts, in 1993, some of the Autonomous Communities started to pass new laws, known as second generation laws, the most innovative aspects of which are as follows: Assumption of public responsibility for the system. To progress in guaranteeing social services as rights to which citizens are entitled. Regulation of public and private initiatives and the granting of contents. Introduction of elements of quality control and participating bodies.
3.1.4
As has been mentioned before in this project, from the point of view of the organisation and functioning of the Public Administrations, the situation has evolved in a progressive process of transfer of competences to the Autonomous Communities in the various matters that appertain to the latter according to the Constitution: Social services, Healthcare, Education, etc. As a consequence of the assumption of competences in Social Services, the Autonomous Communities have drawn up their own Plans of Action aimed at the elderly, making progress towards the achievement of many of the objectives and measures. Departing from this situation, the Plan of Action for the Elderly, 2003-2007, aims to combine national competences with autonomic competences in order to design a social policy, aimed at the group of the elderly and based on strategies of co-operation and consensus. The Plan combines the exercise of the competences of the Autonomous Communities with promoting guaran-
25
tees of equal opportunities for all citizens, in a context of inter-administrative and interinstitutional cooperation. In this regard, Organic Law 9/1992, on the transfer of competences to certain Autonomous Communities, of 23-12-1992 (Official State Gazette, BOE, of 24.12.1992), contemplates in its recitals that it is necessary to approach the process of extending competences while bearing in mind rationalising criteria that will allow for ordered exercise of same by all of the Public Administrations. Similarly, the majority of all of the Departments in the Autonomous Communities that were consulted in the assessment of the previous Gerontological Plan considered that it was very convenient that the General State Administration in consensus with the Autonomous Communities should have promoted the drawing up of a new Plan of Action for the Elderly. However, it is important to highlight the importance of the fact that the General State Administration has assumed the role attributed in the Constitution. In trying to define this role, they mention functions such as the following: the establishment of a framework of reference the correction of territorial inequalities and equal development of the various levels of action, the reaching of consensuses on the type of resources and criteria for access to services, the drawing up of common indicators for evaluating the quality of services and programmes, the rationalisation and reorganisation of resources, by establishing the single window system, and others. On the other hand, the Local Corporations, which were also consulted with a view to assessing the aforementioned Gerontological Plan, have issued similar statements. In short, this Plan of Action 2003-2007, in establishing stable systems of collaboration, mutual communication, information and gerontological research, aims to articulate the States social policy regarding the elderly sector of the population, with that of the Autonomous Communities and also of the Local Corporations, which is also directed at the elderly, in order to draw up and develop a common programme to improve the quality of life of the elderly. This project also includes the collaboration and shared responsibility of NGOs, foundations working with the elderly, professional associations, scientific societies, university professorships, social agents (employers and trade unions), associations formed by the elderly, consumers and users, neighbourhood associations, etc. The new problematic situations and new challenges existing in the elderly sector of the population are related to the following aspects: The aggravation of the dependency of the elderly. The spread of Alzheimers Disease and other dementias. The changes in family relationships. The deficient coordination between the healthcare and the social services systems. The insufficient support to carer families. The little advantage that is taken of social initiative. The growing phenomenon of public insecurity that affects the most vulnerable of the elderly in a particularly severe way, because of their loneliness or social isolation. The inter-territorial imbalances that still exist in the State of Autonomous Communities (the network of centres and services are at varying stages of development, the difficulties in providing the service are also of varying complexity and there are also imbalances as regards space, in Autonomous Communities with a very scattered elderly population and/or elderly in rural areas.
26
Another phenomenon that may considered to be new, because of the importance it is acquiring, is that of migrations (it is necessary to carry out studies and research on the situation of elderly residents in Spain originally from other countries).
3.2
3.2.1
The main pillar for social welfare in Spain is the public social services system, as the set of services and benefits that have the following aims: Promotion and full development of all persons and groups in society in order to attain better social wellbeing and better quality of life, in an environment of co-existence. Prevention and elimination of the causes that lead to exclusion and social marginalisation. We shall now go on to see the framework of legislation and competences that make this possible, in an integrating manner throughout Spanish territory.
The Spanish Constitution: contains the following express references: Article 41 (sufficient social benefits in situations of needs, social protection for all sectors and especially the most vulnerable; article 39: family and children; article 48: the handicapped; article. 50: the elderly), article 139.1 and 149.1.1 (the State will be responsible for the necessary regulations in order to guarantee conditions of equal opportunities when fundamental rights that are regulated in the constitutional text are affected - articles 39, 41,48,49 and 50, referred to before). Article 148.1.20: the attribution of exclusive jurisdiction to the Autonomous Communities in matters of Social Welfare.
The Law on the Bases of the Local Regimen (law 7/85, of 2nd April)
This legal regulation establishes that Town Councils must provide social services on a mandatory basis. Although the law does not specify what the content of the benefits must be, it does indicate that this competence should be exercised according to the terms of legislation issued by the State and the Autonomous Communities. Art. (25.2 k and 26.1 regarding the obligation to provide social services; article 18.1.g)., on the municipalitys own mandatory competence; article 57, on administrative, economic and technical collaboration in the form of administrative consortiums and agreements. The specific sectors that are the object of attention are as follows: Family Children and young people The elderly Women
27
The disabled Convicts and former convicts Drug addicts Ethnic minorities The homeless and marginalised Immigrants, refugees and stateless people Other groups that are in a needy or marginalised situation. The levels of care may be differentiated as follows: The first level of care or primary care
The second level of care or secondary care, aimed at specific, special sectors as laid down in the law, the benefits and services of which have a limited and delimited object. These are often sectoral in nature, attending to special characteristics and needs that are common to particular population groups, to complement the initiatives of the general social services.
This inter-administrative cooperation is instrumentalised by means of an Agreement Programme, signed by the Autonomous Communities and the Ministry of Labour and Social Affairs in 1988, which is extended on an annual basis and the commitments in which are updated by the signing of an Additional Protocol on the Agreement. Three types of facilities are co-funded by this Agreement: Social Services Centres and complementary facilities: information offices or services, soup kitchens, day centres, mini-homes and supportive housing. Hostels. Shelters: for minors, females and polyvalent centres.
28
29
When economic obligations are not being complied with inadequate distribution of the family budget and home management Limitations of the household in attending to one of its members that requires specific care Impossibility to establish positive relationships. Limitation of personal autonomy: this refers to physical, mental or sensorial circumstances that hinder the persons mobility in the home, or the impossibility to perform some of the daily tasks that are necessary in order to remain in the home and enjoy satisfactory coexistence. They refer to the home and the family context and basic everyday activities. Loneliness/isolation: situations of need that occur due to loneliness or isolation, both in people living alone and in people who, although they share the home with others, feel isolated because of the lack of relationship in the home.
Alternative accommodation
The provision of Alternative Accommodation may be defined as the set of measures that are taken by social services in order to ensure that the person in the situation of need has a stable framework for building co-existence. The two fundamental pillars on which this provision is based are the existence of decent accommodation and a basic structure of relationship and coexistence. The fundamental objective is that the person should be able to choose other alternative forms of family co-existence if the latter is unfeasible because the family unit does not exist or because, even if it does exist, there is a situation of psychological, emotional and/or socioeconomic deterioration that hinders the persons development and wellbeing. This is a valid and necessary resource in responding to situations and/or cases where accommodation is needed on an unforeseen basis and at the same time, as an instrument that can help in developing programmes that promote social co-existence: Loneliness, isolation, helplessness and abandonment, Rootlessness, homelessness, exclusion and poverty. Psychosocial problems, loss of personal autonomy and personal deficiencies (socioeconomic, environmental or as regards relationships and skills) or serious deterioration of the persons capability to establish social ties in co-existence. Co-existence crises or destructuring of the family. Action is taken in situations where there is a lack or severe deterioration of socio-familial relationships. Cover for basic needs (accommodation and maintenance) as a consequence of a specific social problem in an emergency situation.
30
sources and strategies that are necessary for acquiring and developing psychosocial skills that will allow for insertion and social adaptation to the community. The concept of prevention is interlinked with that of risk. Risk refers to the presence of a factor or factors that increase the probability of a particular situation or behaviour occurring. The risk comes from the probability of a person being affected by a problem in the population, whether in absolute terms or as regards a demographic group defined by a particular factor or variable. Risk factor is a concept that refers to certain biological, psychological or social conditions, measured using direct variables or indicators (social or psychosocial) which, in accordance with scientific knowledge, have been shown to take a probable part in the background or situations associated to the emergence of social problems or needs or that play a role in the latter.
31
3.2.2
European Programmes to Combat Poverty influenced the development of this sector to a huge degree during the past 20 years.
32
Four projects were included in this initiative. Application of these programmes in Spain meant the deployment of innovative aspects, which were milestones both in terms of work methodology and of the focus of the design of policies to combat social exclusion. The methodology experimented with in Poverty 3 originated from the progress that had been made in Poverty 2, based on coordination, institutional co-participation, the participation of the affected parties and the integration of the actions in regional or local policies. These elements materialised as the principles of the programme: partnership, multidimensionality and participation. As a result of the development of these principles in the projects and of the concept of poverty as a structural phenomenon affecting certain groups or territories, the objectives focussed on three priority axes:
33
Organisation of the territory and its population, by carrying out measures that allowed for changes of attitudes/ aptitudes. To facilitate identification of the disadvantaged groups with the environment, changing it at material, institutional and social levels. Promoting partnership by means of meetings, shared work, and coordination between administrations, institutions and private entities. All-round social intervention projects for the eradication of poverty.
The Poverty Eradication Programme was set up in 1994, with the aim of developing, in cooperation with the Autonomous Communities and Cities (ACs) , the European Combat Poverty Programmes in Spain (Poverty 2 and 3). The EU programmes represented an opportunity to experiment with and assess methods of social intervention and organisational models for combating social exclusion, redirecting regional and/or national social policies in each of the member States, as well as promoting the interest of public and private bodies in coordinated and participative action in combating the risks of social exclusion and/or poverty. After the end of Poverty 3, the Programme to Combat Social Exclusion has continued to promote these experimental models for social intervention, articulated around three axes: the multidimensionality of the phenomenon, partnership with social agents and the participation of the vulnerable groups. Therefore, the all-round social intervention projects for the eradication of poverty, which were carried out as part of the programme, are aimed at groups and territories that are in a situation of social exclusion and/or risk, promoting in an all-round manner all such social initiatives as are efficient in promoting social inclusion. In this regard, the objectives of the programme are as follows: To intensify knowledge of the reality of social exclusion and assess the impact of the corresponding public policies on the disadvantaged population. To set up cooperation channels between the various public and private institutions, promoting action in the various areas, disseminating Good Practices and stimulating active policies against social exclusion. Increasing social awareness of the situation and of the problems encountered by those that are excluded.
The basic legislation that is applicable, in the collaboration between the State and the Autonomic Administrations is contained in two legal provisions: the States General Budgets Act for each year, which specifies the budgetary credit allotted to the Ministry of Labour and Social Affairs and the Annual Agreement of the Cabinet of Ministers, which approves the distribution of the Ministrys budgetary credit among the Autonomous Communities and Cities, as well as the criteria to be met by co funded projects.
National plans of action towards social inclusion (As part of the European Social Agenda)
The European Social Agenda that was approved at the European Council in Lisbon in the year 2000, includes a series of initiatives which as part of the European Unions global strategy, incorporates as an intrinsic aspect of same, the promotion of social inclusion with a view to meeting the objective of becoming in 2010 the most competitive and dynamic knowledge-based economy in the world, capable of achieving sustainable economic growth, with a greater number of and better quality jobs and greater social cohesion. One of the objectives of this Council was to combat social exclusion, as it considered that the number of people living in the European Union that were living below the breadline and in social exclusion to be unacceptable. The European Commission and the Member States were in-
34
vited to carry out on an individual basis national plans of action, proposing an open method of coordination in doing so, similar to the one that was used in the context of the European strategy on employment. This saw the commencement of the National Plans of Action Towards Social Inclusion. The first were in force in the periods 2001 2003 and 2003- 2005. The Plans corresponding to the period 2005-2006 are currently underway. The set of initiatives to be carried out may be included in four objectives: Objective 1: to promote participation in employment and access to resources, rights, goods and services for people in a situation of or at risk of exclusion. Objective 2: to prevent the risks of exclusion. Objective 3: to take action on behalf of the specific groups of most vulnerable persons. Objective 4:to mobilise all agents.
3.3
Employment policies
As mentioned before, since the Basic Employment Act was passed in the year 1980 and until the present day, there have been various situations, as follows: Demographic evolution, access of young people to their first job, ageing of the active population. The phenomenon of immigration, the arrival of significant human resources from abroad to our work market. The development of information and communication technologies. The new focus of social policy. In this context, the objectives are as follows: To increase the efficiency in the functioning of the work market To improve the opportunities to enter the work market in order to achieve the objective of Full Employment, along the lines of what has repeatedly been agreed upon by the Head of State and Government at the summits of the European Union, since the commencement of the Luxemburg summit to its ratification at the summit of Barcelona and the consolidation at the following summits. This translates as the need to offer the unemployed, according to the principles of equal opportunities, non-discrimination, transparency, absence of charges, effectiveness and quality in the provision of services, customised, preventative attention by the public employment services, paying special attention to the disadvantaged groups, among whom the disabled occupy a preferential position.
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Employment policies should function as incentives for the effective incorporation of the unemployed to the work market, by stimulating active job-seeking and geographical and functional mobility. The State is responsible, through the State Public Employment Service, for the following competences: Management of unemployment benefits. Regulation of active and passive policies. This is the main mechanism in obtaining a basic policy that is common to the whole work market. Drawing up the budget, specifying the funds that are necessary in order to fund the active policies. Control over the Operational Programmes of the active policies funded by the SPES, even when they are implemented by the Autonomous Communities. Both the drawing up of the budget and the control over the operational programmes are useful instruments in guaranteeing a certain degree of uniformity in management of same. International relations in the field of active policies and employment in general. Maintaining a state database on all job applicants, job offers and job contracts throughout the Spanish State. This is an instrument that is necessary in maintaining a work market and matching the supply and demand that allows for geographical mobility between the ACs. Also, maintaining the Observatory of professions and drawing up statistics. Management of subsidies granted for hiring workers, in the form of reductions in the contributions to be paid to the Social Security. Drawing up, in cooperation with the Autonomous Communities, various Guidelines for the National Plans of Action on Employment (PNAE), the current Reforms Plan (especially those that have a preventative focus and activation). Follow-up on these Guidelines. Coordination of active policies. Management of the Programmes that are funded by the Credit Reserve (art. 13.e of the Employment Act) Study and analysis of the Work Market.
The Autonomous Communities are responsible for the following: Management of active policies and placement services: the process of matching the supply and demand. Management of all subsidies to promote employment. Designing and deploying their own policies, in accordance with the powers established in their Statutes of Autonomy. Each Autonomous Community regulates and finances its policies on an independent basis and is not answerable to the State regarding such policies. Participation in the establishment of the criteria that are used to distribute funds for active policies among all of the territories. Organising their employment services in an efficient manner. The State guarantees their autonomy in this field.
The transfers were carried by the corresponding Royal Decrees that were promulgated by the Government, equipping the Autonomous Communities with all of the resources with which the INEM had implemented the transferred competences until then. This was a transfer of personnel
36
and material resources. After that, the Autonomous Communities can use other resources, but the expenses will be borne by their own budgets. The Network of Employment Offices for industrial intermediation has been transferred, although part of the State Administration personnel has remained in these Offices to manage unemployment benefit, in order to avoid that citizens should have to go to two different offices and to ensure coordination of active and passive policies. Collaboration Agreements have been signed with the Autonomous Administrations in order to guarantee the following actions: All-round action for citizens. Sending the necessary statistical information in order to maintain the State database, which is necessary in order to guarantee the unity of the market, free circulation, equality in accessing employment and geographical mobility. The funds to finance the active policies continue to be part of the annual budget for the SPES and therefore, the Spanish Parliament approves the amounts that are allotted to these policies on an annual basis. Returning to the process of transferring management of the active policies that had previously been carried out on an exclusive basis by the Public State Employment Service, it is part of the general process of transferring certain services to the Autonomous Communities.
The rules and the procedure to be followed in transferring the roles and services of the State Administration to each Autonomous Community are decided by means of a Royal Decree. Moreover, this Royal Decree regulates the functioning of the Mixed Transfers Commission foreseen in the corresponding Statute of Autonomy for each Autonomous Community, which adopts the opportune Transfer Agreement. The funds to finance the active policies belong to the annual budget for the SPES, which means that Parliament approves the amounts that are allocated to these policies on an annual basis. Credits for management of active policies in the Global Employment Plans are allocated separately. For the year 2006, this affects the Autonomous Communities of the Canary Islands, Extremadura and Galicia. Once the amount has been approved, the territorial distribution is carried out according to the objective criteria that are agreed upon by the SPES and the Autonomous Communities, at the Sectoral Conference on Labour Affairs. These Agreements are then ratified by Agreement of the Council of Ministers and published in a Ministerial Order. For the year 2005, it was ORDER/TAS/892/2005. At the end of the financial year, the Autonomous Communities have to provide proof of the use made of the subsidies granted. In accordance with article 13 of the Employment Act, 56/2003, of 16th December, the Public State Employment Service manages some programmes, the implementation of which affects a geographical sphere that is greater than the Autonomous Community and which require geographical mobility and streamlined coordination. If there is no geographical mobility for the unemployed, an agreement between the SPES and the Autonomous Communities is required. In the same way, programmes to improve the occupation of job applications by collaboration between the SPES and the bodies in the General State Administration or its autonomous bodies, by carrying out training initiatives, projects and services of general and social interest regarding competences that are exclusive to the State, as well as intermediation programmes and active
37
employment policies, carried out in countries of origin, thus allowing better organisation of migratory flows. Any conflicts that arise in aspects of its competence are settled at the meetings that are held on a regular basis. At the end of the period, each Autonomous Community must prove that the funds have been spent on the intended purpose - within flexible margins - and in accordance with state regulation of policies. The State of the Autonomous Communities has equipped itself with an important political instrument in order to control the action of the PESs in key matters: the Sectoral Conference, to which we referred before. This Conference is composed by the Minister of Labour, the chairperson and to whom the SPES provides information, and the Labour Councillors (the same category as the Minister in the respective Autonomous Communities), under whose control the autonomic PESs fall. As regards coordination of the National Employment System, formed by the State Public Employment Service and the Public Employment Services of the Autonomous Communities, in accordance with article 7.2 of the Employment Act 56/2003, the annual work programme of the National Employment System and the Information System of the Public Employment Services is carried out by means of the National Plan of Action on Employment. We shall make a special mention regarding the latter system, as it is of the utmost transcendence for industrial intermediation. The SISPE (Public Employment Services Information System) was commissioned in July 1999. This project, SISPE, started out as a computer project and ended up becoming a project for the management of employment and placement throughout the State. It is formed by a Management Committee formed by all of the Autonomous Communities and managed by the INEM and by various working groups for managing active policies and information systems. What started out as a computer project ended up becoming a management project. An agreement was reached in order to define the information that was common to the whole State, in order to guarantee free circulation of workers, geographical mobility and equal opportunities throughout the Spanish State. Whatever is not necessary for this purpose may remain within the framework of the administration. The SISPE system started to function on 4th May 2000. The Spanish case is perhaps a clear example of how reality anticipates the legal regulations. Therefore, the entire process of regionalisation of the PESs was carried out without any basic regulations to cover it. Our Employment Act at the time was the 1980 Act and it could not have envisaged either the new autonomic situation or the fact of our country having joined the European Union, nor the co-funding of active policies by the ESF, nor the European Strategy on Employment. Moreover, it consolidated the INEM, the Public State Employment Service, which acted on a monopoly basis. Consequently, it was necessary to promulgate new regulations that would contemplate these aspects and that would take advantage of and exploit the experience of so many years of collaboration with the Autonomous Communities in managing employment policies and that would involve, in a logical manner, all of the parties intervening in matching supply and demand, such as the placement agencies, which should always operate under the protection, guidelines and criteria of the Public Employment Services, when they are entities collaborating with the latter. After the corresponding legislative process, Law 56/2003, of 16th December, on Employment was passed on 17th December 2003. This Act incorporates all of the principles that we have mentioned already and the gathering of the information obtained during this time as a result of the cooperation between the Autono-
38
mous Communities. Moreover, it restructures the National Employment System which is formed by the Public State Employment Service and the Public Employment Services in the Autonomous Communities, and it ratifies the fact that employment policy is a combination of decisions made by the State and the Autonomous Communities, aimed at achieving full employment. As part of its general objectives, it consolidates the preventative perspective on unemployment, according to the European Strategy on Employment, and intends to maintain the unity of the work market while at the same time guaranteeing free circulation of workers. It defends that the body to which coordination of the employment policies is entrusted should be the aforementioned Sectorial Conference because it should also approve on an annual basis the Work Programme of the National Employment Service composed of the Public Employment Services in the Autonomous Communities and the State Public Employment Service, which establishes the specific objectives of the action to be taken and of assessment of the results that are obtained. It confirms the necessary local dimension in employment policies, according to the European Directives that invoke the need that Local Entities have to promote the participation of all of the social and economic partners, integrating their action in a coordinated manner, along the lines of what is established in the Communication published by the Commission. The Law lays down the principles on which the organisation and work of the PESs should be based, as follows: Close coordination and collaboration between all of the PESs. Participation by all social partners. Integration, compatibility and coordination of Information Systems. The existence of a single Site in a telematic network that catalogues all of the job and training opportunities, thus complying with the Barcelona Conclusions on this matter and the recent Council Decision on mobility and qualifications. Collaboration with other entities that can facilitate incorporation in the work market for people who encounter difficulties in job-seeking. Encouragement and permanent improvement of PESs to adapt to the needs of the market, by taking advantage of the new technologies, with sufficient human and material resources that allow for specialised, customised attention to applicants and companies. Definition of the principles that are applicable to matching supply and demand. Moreover, the necessary coordination of active and passive policies, advocating to encourage action in combating unemployment or, in other words, that the PESs should provide, as well as income, training or other active policies so that the unemployed may return to work as soon as possible.
In Spain, the participation of Local and Autonomic Authorities in preparing and developing employment policy measures is determined by the political structure and the distribution of constitutional competences among the three levels of the Administration: the Central Administration, the Autonomic Administration and the Local Administration. The former is responsible in this regard for both the general planning of economic activity and for drawing up labour legislation. Specifically, among others, regulation of conditions in the work market (in a context of dialogue with Social Interlocutors), regulation of the social protection system (Social Security and unemployment protection), active employment policies (in the context of the European Strategy on Employment), etc.
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However, the (ACs) hold jurisdiction to promote economic development in their territories and to implement and manage labour legislation and specifically, active employment policies. Therefore, they act in this field to develop their own policy with their own resources, while also managing the resources that are transferred by the State, with the possibility of adapting them to the needs of their work markets. The development of the Spanish constitutional model, based on the transfer of competences between administrations to the Regional Authorities (ACs), commenced in 1984. This process has now complete, with the exception of the Autonomous Community of the Basque Country and the autonomous cities of Ceuta and Melilla and the new model of the Public Employment Service has been put into practice in Spain. Even when it has competences to promote economic development in its territory, a Local Administration cannot manage and develop the States labour legislation. However, this does not prevent the Municipalities and other local entities (Mancommunities of Municipalities, Provincial Councils or Island Councils) from collaborating with the Public Employment Services (the SPES and the PESs in each Autonomous Community) in deploying and developing active employment policies. The current situation will evolve in the near future towards greater involvement of the Regional Authorities (ACs) as a result of the culmination of the process of transferring management of the active employment policies. This means it will be necessary to consolidate and strengthen the participation model that has been described. Not only will coordination be necessary in order to manage the active employment policies, as has been the case up to now, but it will be necessary to establish the institutional channel for collaboration and designing concrete measures. Participation at this level ensures the adoption of policies that are more effectively deployed. The involvement of the Local Authorities in implementation of active policies has been increasing. The States strategy has been to seek the collaboration of these entities when putting active employment policies into practice, as well as in experimental initiatives, actions for local development and environment maintenance and in other initiatives in which these entities feel they should take part. Despite this strategy of approximation, the expectations of greater involvement have limited perspectives, for two reasons: lack of competence and in many cases, the lack of sufficient economic resources. These entities are not competent for managing the States employment policies, without detriment to the fact that they may, increasingly, be carrying out initiatives of economic promotion and development for human resources in their territories, using their own resources. Local entities play a very important role in Spain as collaborators in management of the active employment policy programmes that are funded by the Central or Autonomous Administration. Thus, they carry out in their territory on a direct basis, initiatives based on professional guidance and training and professional insertion for the unemployed in their spheres; they manage the completion of projects and services of general interest that afford traineeships for the unemployed in their areas, in projects that are useful to the community; they carry out mixed trainingemployment programmes for the young unemployed under the age of 25 and the elderly, thus allowing to recover heritage, the natural environment or rehabilitation of craft professions that are traditional in the area. They also carry out, in accordance with their possibilities, the local employment promotion programmes destined for their areas. Furthermore, as part of the Operational Programmes of the European Social Fund for the INEM in the supporting EU framework 2000-2006, the amount of 50,000 million pts (305 million euros) have been destined for intervention, under the global subsidy formula, in the field of Local Entities.
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In order to progress from the current situation we have described (local entity as collaborator in developing local employment policies) towards a situation in which local entities may take a more leading role within the scope of the competences that they have been assigned by law the following requirements should be met: That all progress should follow in the lines of the open coordination method (proposed in the conclusions of the Lisbon Presidency), so as to allow to attain a greater degree of convergence regarding the main objectives of the European Union. That the greater involvement of the Local and Regional Authorities should not under any circumstances mean the fragmentation of work markets or prevent the geographical mobility of workers. Finally, another step further by the State (and ACs) in order that they may be considered to be partners in the development of the European Strategy on Employment. This is feasible with a global approach that includes intermediation measures, employment promotion initiatives, paying special attention to dependents and social exclusion, over which the local entities hold jurisdiction and for reasons of proximity, to which they may contribute; promoting feasible social economy formulae and paying attention to the increasingly important role of the NGOs. The deployment of new technologies must be borne in mind as the sphere of reference for generating activity. As for the local entities, the trend that has been observed in some cases as regards their increasing involvement in economic promotion of the environment and the link with employment and unemployment in their territories, as a problem that transcends merely economic aspects.
3.4
As regards policies for the elderly, we had emerged from a very difficult situation. Before our democratic period that began with the 1978 Constitution, the elderly (whose lives had been dominated by the suffering of a bloody civil war, sadness and need in the post-war period and by many years of repression) were entitled to an incipient and insufficient social protection, both as regards pensions, healthcare and especially as regards social services aimed at social support and integration and care for the dependent. As regards the living conditions of this generation of the elderly, seven years before the holding of the I World Assembly on Ageing (1982), the first Spanish sociological study on old age was published, the GAUR report (1975), which carried out a detailed analysis of the living conditions of retired Spaniards: Poverty is present among the elderly population in scandalous proportions.... 12% do not receive any regular income, one in three receives less than 1,000 Pts. per month and the income of 50% does not reach 2,000 Pts.. On the whole, each elderly person has approximately 85 Pts. per day to meet his/ her needs (.....) 75% of their homes are lacking in one or various items of basic equipment, 45% of the elderly could not fulfil their wish to use the radio, TV, newspaper or cinema due to lack of money... This study also carried out an interesting analysis of the resources that were destined to the elderly, which in practice, were reduced to a single resource: the homes, for the most part descended from the former asylums, the description of which often reminds us of gloomy stories from the 19th century: About 40,000 of the total number of three and a half million elderly Spaniards currently live in asylums and homes. Of these, six out of ten are elderly over the age of 75 years who have entered the homes for reasons of homelessness, lack of or estrangement from their families. One in eight residents in asylums is undernourished and malnourished, according to the directors of the centres themselves. Six out of ten elderly live and sleep in rooms with more than seven beds each, lined up one beside the other, with no space between them. This obliges them to lead a life of total and permanent exposure before the others...
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Descriptions of this type abound in the report and they speak for themselves. Perhaps the only comment that should be made is that this situation occurred when Spain was opening up to democracy, a few years before our Constitution was passed. However, at the beginning of the seventies and on a parallel to situations like the ones we have just described, there was a first attempt at planning assistance for the elderly when the National Social Security Plan was passed, in an Order from the Ministry of Labour dated 26th February 1971. Directed almost exclusively at Social Security pensioners, this plan foresaw the development of resources in two ways: The direct action of the Social Security, in setting up domestic assistance, clubs, residences, geriatric rehabilitation centres and supportive homes. Combined action to promote the creation of geriatric units by public or private entities in order to spread a network of gerontological assistance throughout national territory.
However, several years would have to go by before the projections in this Plan could be fulfilled. Some of them, such as the geriatric units, are still being deployed, despite the fact that their efficacy has been entirely demonstrated. However, it is necessary to highlight the sociosanitary nature of this plan, at an historic moment when it was not yet possible to foresee the increase in the demand for the social and healthcare services that these situations require that was to occur in the population. If we wished to take a more detailed look at the specific evolution of the social services for the elderly, after the passing of the Spanish Constitution in 1978, we could establish four different stages in the recent evolution of social services for the elderly in Spain. This would be without prejudice to and for reasons of systemisation, the important initiatives of the Elderly Assistance Service in the seventies (1970) and the Pensioner Assistance Service (1972), as the Bodies that went before the INSERSO (1978) and which promoted, on the basis of the I National Gerontological Plan, at the start of the decade, hundreds of Homes and Clubs for the elderly, thousands of places in Social Security homes and pioneering community and leisure community experiences, such as home care, holidays for the elderly and the spa scheme. This evolution has been accompanied by advances in the countrys general social policy that have had a decisive influence on the specific evolution of the Social Services system. This brief historical summary offers an overview of the evolution that our country has undergone in this short period of time. There is no doubt that a significant effort has been made, which has been translated as considerable development in the social services intended for the elderly in situations of need and dependence. The public administrations have played a leading role in this process. However, private and non-profit initiatives are also playing a key role in the quantitative and qualitative improvement in the service offering. However, we must acknowledge that the services available are insufficient, if we compare this growth to the number of elderly persons with dependency problems and also with the evolution that has taken place in the family models, in the role of women and in the preferences of the elderly themselves as regards the model of care they wish to avail of.
3.4.1
Our actions in this sphere have pursued the objective of creating a Public Social Services system as one of the Public Systems in our Welfare State, thus contributing to meeting a series of basic needs: access to social resources, facilitating equal opportunities to all citizens in the use of the resources offered by society; co-existence for the development of personal autonomy in the type of co-existence that is freely chosen by people; social integration, by making the personal and social conditions possible for effective participation of all citizens in social and economic life.
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Therefore, a series of homogeneous provisions and a Network of Services that are the basis of the system have been articulated: information and orientation on the social resources available, home care, tele-care, leisure and healthcare programmes ( social tourism and thermalism), centres for co-existence and social promotion (homes and clubs), day centres for elderly dependents, residences or supportive accommodation, social prevention and insertion, which have been complemented by programmes of social promotion and cooperation generated on the basis of social tissue, by means of associations and volunteering, with the objective of promoting social solidarity. The Public Social Services System was conceived with the intention of responding to two of the fundamental objectives of our Constitution: the entitlement of citizens to social provisions, beyond social benefits and welfare, and the articulation of competences in the field of social services within the framework of the State of Autonomous Communities. This System has been defined with the following characteristics: Public responsibility, thus guaranteeing basic and specialised provisions for all citizens in situations of need and establishing a mixed management model that is compatible with public and private participation. Universal, based on participation, with all-round treatment, standardising, preventative and decentralised. Directed at various sectors of population: Children and Young People, the Elderly, Women, the Disabled, Drug Addicts, Ethnic Minorities, Convicts and Ex-convicts and the Homeless and Indigent. Formed by Social Services Centres as the basic facilities and by other specialised resources, which have already been mentioned in the specific case of the elderly. Municipalist in nature, responding to the principle of maximum proximity of the services and resources to the location whether the social needs occur. Planning from the Autonomous Communities, determining the principles of deployment of the Public System Network and including the drawing up of all-round social services plans (like the gerontological plans), programmes and maps. Drawing up of all-round plans at national level, general rules and financial mechanisms for inter-territorial compensation, by the General State Administration, in order to guarantee the constitutional principles, on the subject of equal treatment. Participation bodies, so that social participation may be articulated on the basis of Consultative and Advisory Councils (State Council on the Elderly, Autonomous Councils and Local Councils).
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Universal policies: in this period, the major universal policies that have a direct impact on care for the elderly were promoted: the Pensions Act of 1985 and the General Healthcare Act of 1986. Process of Legislation on Social Services: from 1982 onwards, the process of approval of the Social Services Acts by the Autonomous Communities commenced, but the General State Administration could not develop a Framework Social Services Act, given the jurisdictional distribution established in articles 148 and 149 of the SC, on behalf of the Autonomous Communities in matters of Social Welfare.
From the point of view of specific services for the elderly, this period was characterised by the significant boost that was given to the network of Centres (Homes, Clubs and Residential Homes) and to the democratic regulation of the participation of the elderly in the life of these Centres (Basic Statute on Centres). The end of this period saw the commencement of a programme that was innovative in its day, the INSERSO Holidays for the Elderly Programme, which went on to undergo considerable development in our country.
1978-1986 General Process of transfers from the INSERSO and the State towards the A.C.s of art. 151, Catalonia, Galicia, Andalusia, Valencia, the Canary Islands and the Basque Country) Commencement of the Passing of the Social Services Acts (1982 Basque Country Act) Passing of Pensions Act 26/85 New Local Regimen Act (Law 7/85) General Healthcare Act (Law 25/86) 1st STAGE: DEPLOYMENT The Elderly Promotion of Centres: Homes Clubs Homes for the Elderly Basic Statute on Centres (1985) Ranking Order for Residential Centres (1986) Holidays for the Elderly Programme (1985) Socio-sanitary coordination programme in Catalonia (Vida a los Aos).
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for the elderly over the age of 65 years lacking in economic resources and for the disabled over the age of 18 years and with a high degree of disability. As for specific services, various innovative programmes were developed in this period, such as INSERSOs Social Thermalism, the Tele-care programme (FEMP-INSERSO Agreement) or the carrying out of community programmes such as home care for the elderly and alternative formulae of accommodation such as the supportive housing for the elderly.
1987-1991 General Creation of the Ministry of Social Affairs (1988) Concerted Plan on Basic Social Provisions Subsidies Policy 0.52 of IRPF Income Tax State Subsidies Culmination of the First Stage in the Social Services Acts (Autonomous Community of Valencia Act) Transfers to Navarra (1990) Development of Economic Benefits: Noncontributory pensions (Law 26/90) 2nd STAGE: INNOVATION Services for the elderly Social Thermalism Programme (1989) Ministerial Order for Concerted Action on Residential Places for Assisted Elderly Tele-care programmes Social Integration Programme (Support for Associations, Mutual Help, Supportive Housing) Regulation of Home Care
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At the end of the period and in accordance with the projections of the Gerontological Plan, the State Council for the Elderly was passed and formed, as the maximum Body for the participation of the organisations of the elderly in the design of pubic policies aimed at this group.
1992-1996 General Organic Law 9/92 on Transfers from the INSERSO to the A.C.s , Art. 143 Promotion of Cooperation Programmes with Autonomous Communities and of International Cooperation Socio-sanitary coordination agreement (1993) Foundations Act 30/94 Toledo Pact 1995 Volunteers Act 2/96 3rd STAGE: COOPERATION Services for the elderly Passing of the Gerontological Plan (1992) Programmes for Solidarity between Generations (1993 European Year of the Elderly) Day Stay and Temporary Stay Programmes Family Support Programmes (1994 International Year of the Family) R.D. 2171/94 State Council on the Elderly. Gerontological Plan of La Rioja and Aragon (1993 and 1994).
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1997-2005 General Social Assistance System Act 1997 State Plan on Volunteers. 1997/2000-02-23 Plan of Action on Employment. 1998 Debate on Dependency. 1997 IRPF, Income Tax Act 1998 Conclusions of the Congress on Socio-sanitary Care. 1997. Work and Family Life Act. 1999. All-round Plan of Attention to the Family 20012004 . II Social Assistance Plan. Creation of the Institute of the Elderly and Social Services. IMSERSO. 2004 Agreement to improve Social Protection 2005
4th STAGE: NEW PROPOSALS Services for the elderly Passing of the Gerontological Plan for the period 1992-1997 Socio-sanitary Assistance Plans by the A.C.s of Navarra, Galicia, Valencia, Asturias and CastileLa Mancha. Permanent Observatory on the Elderly 1998. Draft of the Plan of Assistance for Patients of Alzheimers Disease and other Dementias 19992005 Year of Assistance to the Elderly 1999 II World Assembly on Ageing. 2002. Plan of Action for the Elderly 2003-2007. White Paper on Dependency and Draft Dependency Act 2005
The celebration in 1999 of the International Year of the Elderly is the last reference in the 20th century and marked the most important departure point for promoting and developing new policies aimed at the elderly. The period following the holding in April 2002 of the II World Assembly on Ageing in Madrid, undoubtedly marked a very exciting period in which the major objective to be fulfilled in our country is to improve the legal and protective framework towards the elderly in a dependent situation, promoting new measures that will allow us to converge in social affairs with the rest of the more advanced countries in our European surroundings. In the year 2004, after the General Elections, the Government undertook the commitment of further developing Attention to Dependency. The writing of a White Paper on Attention to Dependency in Spain ( IMSERSO 2004) and the issuing of a Draft Act on Personal Autonomy and Attention to Dependency ( passed by the Cabinet of Ministers in 23rd December 2005) now mark out the agenda in the area of care for the elderly.
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APPENDIX
N of users and places of selected social services for the elderly
Graph 1
700.000 600.000 500.000 400.000 300.000 200.000 100.000 0 SAD Day Centres Total
Source: Autonomous Communities, Autonomous Cities and Provincial Councils Interna Data.
Graph 2
Rate of coverage of some of the Social Services for the Elderly in Spain. January 2004
10,00 9,00 8,00 7,00 6,00 5,00 4,00 3,00 2,00 1,00 0,00 SAD Teleasistencia Centros Da Serv. Residenciales Total
Source: Autonomous Communities, Autonomous Cities and Provincial Councils. INE (2004) Data on Population - Municipal Registre 01/01/2003. Internal Data.
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Table 3
Population aged 65 and over (thousands) 1981 0. Spain 1 Catalonia 2.Andalusia 3 Madrid 4.Valencian Community 5.Galicia 6. Castile and Leon 7 Castile- La Mancha 8.Basque Country 9.Aragon 10. Asturias 11.Extremad ura 12. Canary Islands 13. Murcia 14. Balearic Islands 15. Cantabria 16. Navarra 17. Rioja 18. Ceuta and Melilla
Source: INE, 1981 Population Census, Book I, Volume I, National Results, Characteristics of the Population, Madrid, 1985, 297pp., pp.226; INE: INEBASE: Update to the Municipal Inhabitants Register on 1st January 2003. INE, 2004
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Table 4
Rate of Coverage of some of the Social Services for the Elderly in Spain. January 2004
Home Care Services 3.48 3.07 3.26 2.09 2.69 1.92 3.12 4.87 3.87 1.67 7.41 1.91 3.37 1.76 3.56 1.77 3.41 3.44 3.15 3.14 Tele-home care 1.79 2.66 1.76 1.89 0.62 0.48 2.54 3.93 0.79 1.87 1.34 0.67 4.57 1.35 4.68 2.26 1.25 0.43 2.97 2.05 Day Centres 0.33 0.34 0.37 0.24 0.23 0.35 0.35 0.24 0.95 0.25 0.44 0.18 0.70 0.42 0.38 0.55 0.48 0.30 0.34 0.46 Residential Services 2.84 4.46 4.06 2.84 2.89 4.01 6.12 5.06 4.37 2.52 3.68 2.08 4.56 2.25 5.32 3.90 4.71 1.67 2.72 3.78 Total 8.45 10.54 9.44 7.06 6.43 6.77 12.13 14.09 9.98 6.31 12.87 4.84 13.20 5.79 13.95 8.48 9.86 5.84 9.18 9.43
Territorial Scope Andalusia Aragon Asturias Balearic Islands* Canary Islands Cantabria Castilla-Len Castilla-La Mancha Catalonia C. of Valencia Extremadura Galicia Madrid Murcia Navarra Basque Country La Rioja Ceuta Melilla Spain
Source Autonomous Communities, Autonomous Cities and Provincial Councils. INE (2004) Data on Population Municipal Register 01/01/2003. Internal Data.
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Table 5
B. EMPLOYMENT RATE (15-64 years) B.l Males (15-64 years) B.2 Females (15-64 years) B.3 Young people (15-24 years) BA Temporary employment rate B.5 % Small companies 10 employees) B.6 % Employment in the industrial sector B. 7 Impact of parenthood on Female employment C. UNEMPLOYMENT RATE (15-64 years) C.2 Males (15-64 years) C.3 Females (15-64 years) CA Young people (15-24 years) C.5 Long-term unemployment (15-64 years) D. SOCIAL PROTECTION EXPENDITURE D.5 Expenditure on M. Labour Policies/GDP (%) D.6 Expenditure on Active Policies/ GDP (%) F. COMPETITIVENESS F.3 Actual rate of growth of GDP (%)
Source: INE (EP A-2005 and CNE-2000), OECD (Employment Perspectives, 2005); Note: n.a. Data not available.
Table 6
TOTAL COMPANIES
1,152,678 982,067
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Table 7
AUTONOMOUS COMMUNITIES
ANDALUSIA
ARAGON
The Autonomous Community of Aragon holds exclusive jurisdiction in the following matters: 19. Social assistance, welfare and community development. Young people, promoting conditions for their free, efficient participation in political, social, economic and cultural development.
Organic Law 7/1981, of 30th December ASTURIAS Art.10.1.The Principality of Asturias hols exclusive jurisdiction in the following matters, without prejudice to the terms of articles 140 and 149 of the Constitution: p) Social Assistance and Welfare, including young people policies. Organic Law 2/1983, of 25th February Competences of the Autonomous Community Art.10.The Autonomous Community holds exclusive jurisdiction in the following matters: 11. Young people and the elderly 12. Social assistance and Welfare. Healthcare and hygiene. Art.16.1.BALEARIC ISLANDS The Autonomous Community of the Balearic Islands shall also exercise competences in the following matters: e) Public institutions for the protection and guardianship of minors. Competences of the Island Councils Art.39.As well as the competences that correspond to the Island Councils as Local Corporations, they will have the possibility of assuming in their territorial area the executive role and management to the extent that the Autonomous Community assumes competences on the latter, in accordance with this Statute, in the following matters: 7. Social Welfare and social services. Social promotion of children, women, the family, the elderly, the physically, mentally and sensorially handicapped. Welfare and assistance entities. Organic Law 10/1982, of 10th August Art.29.In accordance with the regulations of this Statute, the Autonomous Community of the Canary Islands holds exclusive jurisdiction in the following matters: 7. Social Welfare and Social Services. Foundations and associations involved in teaching, culture, the arts, welfare etc., as long as they carry out their roles mostly in the Canary Islands. Art.34.The Autonomous Community of the Canary Islands shall also exercise competences in the following matters, according to the terms indicated in the following article: b) Implementing competences: 1. Public institutions for the protection and guardianship of minors
CANARY ISLANDS
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Organic Law 8/1981, of 30th December Art.22.CANTABRIA The Regional Council of Cantabria holds exclusive jurisdiction in the following matters, which shall be exercised according to the terms of the Constitution: 18. Social Assistance and Welfare, including young people policies. Organic Law 9/1982, of 10th August Art.31.1.CASTILE- LA MANCHA The Council of Communities of Castile-La Mancha hereby assumes exclusive jurisdiction in the following matters: p) Social Welfare and Social Services. Promotion and aid to minors, young people, the elderly, emigrants, the handicapped and other social groups in need of particular attention, including the creation of centres for protection, reinsertion or rehabilitation. Organic Law 4/1983, of 25th February Art.26.1.CASTILE AND LEON Exclusive jurisdiction.- The Community of Castile and Leon holds exclusive jurisdiction in the following matters, without prejudice to the terms of article 149 of the Constitution: 18) Social Welfare, Social services. Organic Law 4/1979, of 18th December Art.9.The Generalitat Government of Catalonia holds exclusive jurisdiction in the following matters: 25. Social Welfare. 26. Young people. 27. Promoting women 28. Public Institutions for the protection and guardianship of minors, while also complying with civil, criminal and penitentiary legislation. Organic Law 1/1995, of 13th March, the Statute of Autonomy of Ceuta CEUTA Art.21. 1.The city of Ceuta shall exercise competences in the following matters: 18. Social Assistance. Organic Law 1/1983, of 25th February EXTREMADURA Art.7.1. The Autonomous Community holds exclusive jurisdiction in the following matters: 20) Social Assistance and Social Welfare. Organic Law 1/1981, of 6th April GALICIA Art.27.In the context of this statute, the Autonomous Community of Galicia holds exclusive jurisdiction in the following matters: 23. Social Assistance. 24. The promotion of community development. Organic Law 3/1983, of 25th February MADRID Art.26.The Community of Madrid holds full legislative powers in the following matters: 18. Social Assistance. Organic Law 2/1995, of 13th March, the Statute of Autonomy of Melilla MELILLA Art.21.1.The city of Melilla shall exercise competences on the following matters: 18. Social Assistance.
CATALONIA
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Organic Law 4/1982, of 9th June MURCIA Art.10.1.The Autonomous Community of Murcia holds exclusive jurisdiction in the following matters: o) Social welfare and services. Organic Law 13/1982, of 10th August Art.44.NAVARRA Navarra holds exclusive jurisdiction in the following matters: 17. Social Welfare. 18. Community development; womens issues; policies for children, young people and the elderly. 23. Public institutions and establishments for the protection and guardianship of minors and social reinsertion, according to general State legislation. Organic Law 3/1979, of 18th December Art.10.The Autonomous Community of the Basque Country holds exclusive jurisdiction in the following matters: 12. Social Assistance. BASQUE COUNTRY 14. The organisation, regimen and functioning of public institutions and establishments for the protection and guardianship of minors, prison convicts and social reinsertion, according to the general legislation on civil, criminal and penitentiary matters. 39. Community development, womens issues, policies for children, young people and the elderly. Organic Law 3/1982, of 9th June LA RIOJA Art.8.1.The Autonomous Community of La Rioja holds exclusive jurisdiction in the following matters: 18) Social assistance and welfare, including policies on young people. Organic Law 5/1982, of 1st June Competences of the Generalitat Government of Valencia Art.32.The Generalitat of Valencia holds exclusive jurisdiction over the following matters: 22. Social Welfare COMMUNITY OF VALENCIA 27. Public institutions for the protecting and guardianship of minors, young people, emigrants, the handicapped - and other social groups or sectors requiring special protection, including the creation of centres for protection, reinsertion and rehabilitation. Competences of the Local Administration Art.47.2.The Valencia Houses of Parliament may transfer or delegate to their Provincial Councils execution of such competences as are in the general interest of the Community of Valencia, particularly in the areas of public works, healthcare, culture and Social Assistance.
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Overview: Active employment measures To sum up, the following are the 3 types of active measures, which may be divided in three large sections: Measures to promote employment Measures linked to employment management Measures for training towards employment.
1.
1.1 1.2 1.3
A) Hiring for an undefined period Contract to promote hiring for an undefined period. Allowance groups.
B) Hiring for a temporary period Training contracts for the disabled Contract to promote the hiring of the disabled Contracts for unemployed workers in a situation of social exclusion. Contracts for the victims of gender violence Interim contracts for certain groups Support for the creation of activity. Self Employment Programme I+E Projects. Agents of Employment and Local Development Support for the creation and maintenance of jobs in Cooperatives and Work Societies . Capitalisation of unemployment benefits Special Employment Centres Public support for employment
A) Hiring for projects and services of general and social interest By Local Corporations By the General State Administration and its Autonomous Bodies, the Autonomous Communities, Universities and non-profit institutions.
2.
2.1
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Work Motivation Programme for workers in long term unemployment. Assistance towards self-employment (Motivation, advisory services) Integrated Services for Employment
3.
3.1
Mixed employment-training programmes: Workshop Schools, Crafts Workshops and Employment Workshops. Experimental programmes on the subject of training and employment
Of the measures that are taken to promote employment, some are aimed at promoting hiring for temporary and permanent periods and others are aimed at creating activity. As regards support for hiring for an undefined period, it is important to highlight that all of the reforms of the work market are designed to combat the high incidence of temporary contracts and the intense rotation that has been a negative characteristic of the Spanish work market, causing repercussions on job security and on the qualifications of workers. The new set of reforms remains focussed on promoting more stable and better quality employment, by using both the contractual formulae that have already been experimented with in recent years, with any necessary improvements or corrections, and part-time contracts or those that are designed to promote hiring on an undefined basis, and introducing new regulations with different aspects of hiring in employment and of developing industrial relations that may have a positive impact on the growth of employment and on improving the quality of such employment. We shall now go on to specify the details of contracts with allowances in the employers contributions to the Social Security in the years 2003 and 2004 and of the budget destined by the SPES to funding these measures to provide incentives for hiring workers.
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Table 8
Category
Conversions to indefinite Over 45s Over 60s Females Handicapped (undefined and temporary Interim workers PLD, excluded, others TOTAL Category Conversions to indefinite Over 45s Over 60s Females Handicapped (undefined and temporary Interim workers PLD, excluded, others TOTAL
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Table 9
BENEFICIARIES AND EXPENDITURE ON EMPLOYMENT POLICIES BY THE PUBLIC STATE EMPLOYMENT SERVICE (2004/2005)
2004 185,337 million 466,16 2005 252,816 million 551.55
BENEFICIARIES HIRING PLANS WITH NONPROFIT BODIES AND ENTITIES AND LOCAL CORPORATIONS EMPLOYMENT INSERTION FOR DISABLED PERSONNEL CREATION OF ACTIVITY PROFESSIONAL ADVISORY SERVICES ON EMPLOYMENT AND SELF-EMPLOYMENT (OPEA) LEARNING WORKSHOPS, TRADE WORKSHOPS AND EMPLOYMENT WORKSHOPS TOTALS
59,660
457,98
22,622
505.01
1,134,936
1.361,75
1,081,547
1,638.67
Note: not including allowances for hiring; Year 2005: Forecast (not including allowances for hiring). Note: data do not include ongoing and professional training.
Table 10
HIRING PLANS WITH NON-PROFIT BODIES AND ENTITIES HIRING PLANS WITH LOCAL CORPORATIONS EMPLOYMENT INSERTION FOR DISABLED PERSONNEL CREATION OF ACTIVITY PROFESSIONAL GUIDANCE ON EMPLOYMENT AND SELF-EMPLOYMENT (OPEA) OTHER EMPLOYMENT PROGRAMMES (except for allowances on contracts)* LEARNING WORKSHOPS, TRADE WORKSHOPS AND EMPLOYMENT WORKSHOPS TOTALS
Notes: *Contracts with allowances (estimated at 2,516,106) and the budget (2,372,316.89) are not counted. The total budget including allowances is 4,140,756.42.
As regards the total expenditure trend on employment in recent years, the trend has been to increase expenditure on active policies. Since the European Strategy for Employment in 1997, expenditure on INEM active policies has increased more than 120%. To be specific, the following are the percentages of INEM expenditure on active and passive policies from the year 1997 to the present day.
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Table 11
YEARS 1997 1998 1999 2000 2001 2002 2003 2004 2005
Table 12
8%
__
4.5%
5% Intensity 28 h./month
4%
3,77%
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