El Gobierno aprueba ley para realizar pruebas de alcoholemia a menores en centros educativos

MADRID 11 Mar. (OTR/PRESS) –

The Council of Ministers approved on Tuesday the draft Law for the prevention of alcohol consumption and its effects on minors, a text that includes, among other measures, allowing law enforcement to conduct breathalyzer tests on minors and adults in specific places and circumstances where alcohol consumption is prohibited, such as schools and institutes.

In this way, police officers and Civil Guard agents will carry out non-invasive tests like the breathalyzer and they can be repeated at the request of the person being tested. Regarding penalties, fines imposed on minors for committing minor offenses related to alcohol consumption may be suspended in exchange for participation in preventive awareness and rehabilitation programs depending on each case.

This is one of the measures of this project that was presented to the Council of Ministers on July 30, raised to audience and public information in August, and is now approved by the Council. The text, which will now continue its parliamentary process, stems from the recommendations of the ‘Minors without alcohol’ Panel of the Joint Committee of Congress-Senate for the Study of the Drug Problem and aims to prevent alcohol consumption, delay the age of onset, and reduce episodes of intensive consumption in this vulnerable group.

«This is a pioneering law that harmonizes all the laws we had throughout our territory, laws of the communities or even municipal laws that addressed this issue. It harmonizes all the measures that were already in place and adds some new measures,» said the Minister of Health, Mónica García, during her intervention at the press conference following the Council of Ministers.

Likewise, the draft Law prohibits alcohol consumption for all individuals in early childhood education centers, primary, secondary, high school, vocational training, and elementary art education, although alcohol will be allowed in universities. Alcohol will also not be allowed in child protection centers, student residences admitting minors, sports centers, leisure venues, or spaces dedicated to public shows specifically intended for minors.

«There is no safe amount of alcohol of any kind that does not entail a negative impact on health. We have to banish from our minds that deeply rooted and unscientific idea that there may be some health benefits from moderate consumption,» García affirmed.

ADVERTISING PROHIBITED WITHIN 150 METERS OF EDUCATIONAL CENTERS

The text includes the prohibition of advertising for alcoholic beverages in public spaces within a radius of 150 meters from educational centers, healthcare centers, social and healthcare service centers, and parks and children’s leisure areas.

This measure will come into effect one year after the publication of the law, without affecting situations existing before that moment. «It should be noted that fermented beverages with less than 0.5% alcohol will be allowed,» García indicated.

Additionally, any direct, indirect, or covert forms of advertising of alcoholic beverages or products simulating alcoholic beverages, including the trade name, social denomination, symbols, or commercial brands of individuals or companies producing such beverages, directed at minors, are prohibited.

Advertising may not use the image or voice of individuals under 21 years of age; adults when presented as minors; individuals or characters, real or fictional, whose public relevance or popularity is linked to the underage population, pregnant women, even with their consent, or the image of a fetus.

When asked if Health has met with industry representatives to reach a consensus on the law, García stated that they have held meetings «with everyone,» although she pointed out that the law was made with a fundamental axis, which is «the protection of the environments of minors and adolescents.»

LIMITATION ON OPENING NEW ESTABLISHMENTS

Thus, the draft Law allows public administrations in urban planning to assess, with the aim of preventing alcohol consumption in minors, the limitation on opening new establishments.

«Taking into account the concentration of retail beverage outlets near educational centers, social protection centers for minors, or establishments where shows or recreational activities specifically for minors take place,» the project states.

In addition, the automatic supply of alcoholic beverages will require vending machines to incorporate effective technical mechanisms, with direct monitoring and custody, to prevent their acquisition by minors. These machines may not be installed in public spaces or where the sale or consumption of alcoholic beverages is prohibited.

Self-service establishments must limit a specific space within the premises to display alcoholic beverages, separated from areas with products specifically intended for minors.

Furthermore, establishments primarily dedicated to selling products for minors may not sell alcoholic beverages or other imitating products, nor display them in storefronts or inside.

RECORDED IN THE MEDICAL HISTORY

The text allows for the development of protocols to detect alcohol consumption in minors and promotes the inclusion of consumption records in medical history. If a minor under 16 years of age is treated in emergency services for alcohol poisoning, an integral evaluation involving their parents will be carried out.

The project will also promote the inclusion of new content on alcohol prevention in primary, secondary, vocational training, high school, and university curricula and teacher training programs.

Programs will also be implemented to raise awareness among families about the risks of alcohol and provide them with tools to prevent its consumption in minors.

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