The informal caregiver: following the transposition of Directive 2019/1158. Challenges and opportunities

Abstract

Informal or non-professional caregivers play an essential role in the Spanish long-term care system, particularly in a context characterized by an aging population and rising demand for long-term care. This study aims to analyze the legal framework applicable to this group in Spain, focusing specifically on changes resulting from the transposition of Directive (EU) 2019/1158 on work-life balance for parents and caregivers. The research employs a doctrinal legal methodology, complemented by an analysis of recent case law and specialized academic literature regarding dependency, work-life balance, and social protection.

The study examines the current regulatory framework, the work-life balance rights granted to informal caregivers, and the social protection mechanisms established within the Spanish legal system. It also analyzes the scope of measures introduced by Directive (EU) 2019/1158, particularly concerning caregiver leave, flexible working arrangements, and absences due to force majeure. As its primary contribution, the study offers a critical assessment of the effectiveness of these reforms and the ongoing challenges affecting the protection of non-professional caregivers.

The findings indicate that, while the transposition of the Directive has strengthened work-life balance mechanisms and improved the legal recognition of caregivers, significant structural shortcomings persist. These include insufficient training and psychosocial support, the burden associated with caregiving, limited social protection coverage, the continued feminization of care work, regional inequalities, and the lack of an integrated long-term care model. The study concludes that it is necessary to move toward a more.