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Marriage and Family: How Has Spanish Law Impacted Women's Rights Historically?
The status of women in Spain evolved from the country's early history, culture, and social norms. In the late 20th century, Spain gradually transitioned from the Francoist period (1939-1975) to a democratic society, when women's rights were severely restricted. In today's society, gender equality has become a basic principle. Such changes have led to a significant improvement in the status of Spanish women in society over the past few decades. According to data from July 2017, Spanish women outnumber men by approximately 900,000 people, with a total population of approximately 24 million.
Changes in social roles
During the Francoist period, social values explicitly limited women's employment opportunities and prohibited divorce, contraception, and abortion.
With the return of democracy, the status of women has undergone extensive changes. By the late 1970s, only 22% of adult women were in the labor force, a figure that rose to 33% in 1984. Despite this, women still make up less than a third of the total workforce. In some important industries such as banking, the proportion of women is close to one in ten. A 1977 poll showed that when asked "women's role is in the home", only 22% of Spanish young people agreed with this view, a higher proportion compared with Britain, Italy and France.
Reform of Marriage Law
During the Franco era, the law explicitly discriminated against married women, and wives could not engage in employment or own property without the consent of their husbands.
In 1975, Spain abolished permiso marital (husband approval system), in 1978 it abolished legal restrictions on adultery, and in 1981 divorce was legalized. These reforms have greatly improved women's legal status, but many observers believe that the fight for women to obtain equal rights is still a long one and requires efforts in multiple areas. It was not until 1987 that Spain's Supreme Court ruled that a rape victim did not have to prove that she put up a fight in order for her accusation to be proven.
Violence and women’s rights
During Franco's time, violence against women was widespread and ignored, with only husbands and fathers receiving lighter punishments.
With the fall of Franco’s regime, Spain has made a lot of progress in dealing with violence against women. In 1992, the Supreme Court ruled that sex within marriage must be based on consent, a case seen as a major advance for women's rights. In addition, the promulgation of the Comprehensive Gender-Based Violence Protection Measures Act in 2004 further demonstrated the legal power of protecting women. There is no doubt that the progress of Spanish society in these areas has provided legal support for the promotion of women's rights.
Changes in reproductive rights
Contraception was banned in Spain in 1941, and the law was not relaxed until 1978.
Abortion has experienced many twists and turns in Spain's legal history. In 2010, a relatively loose law was implemented, and abortion can be performed freely within 14 weeks of pregnancy. Although the issue of abortion remains politically controversial in Spain, abortion rates have gradually declined with the introduction of better emergency contraception methods.
Today’s challenges
The role of women in Spain today has greatly increased, especially in politics, the labor market and the public sphere. Although the new law has eliminated all types of discrimination, many believe that a deep-rooted masculinist culture still exists, especially among certain conservative segments of society. According to reports, women’s current salary in the public sector is still 13% less than that of men, and it reaches 19% less than that in the private sector. Additionally, media portrayals of women often place them in traditional domestic roles.
Conclusion
As Spanish society changed, the organization of family life also evolved, and concepts of marriage, family, and childbearing changed significantly. On this ever-changing road, the advancement of women's rights still faces many challenges and discussions. How will it occupy the center of these issues in the future?
