Displaying 47701 - 47725 of 58160 recommendations found
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State Under Review:SpainSpainRegional groupWEOGPolitical groupEUOEISource Of Reference:Stakeholder SummaryIssue:
- Gender perspective in policies, programmes
Type:Review DocumentationSession:35th Session, February 2020Status:Not Followed up with a RecommendationContents:JS8 noted that the prevalence of smoking among women had not fallen to the same extent as among men. JS8 recommended incorporating a gender perspective into smoking control programmes, creating a fund to combat smoking and mobilizing resources for the design of prevention campaigns. [Para 62]
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State Under Review:SpainSpainRegional groupWEOGPolitical groupEUOEISource Of Reference:National ReportIssue:
- Marginalized groups of women
- Women's and / or girls' rights
Type:Review DocumentationSession:8th session, May 2010Status:N/AContents:"Total funding over the above-mentioned five-year period[2004-2008]
amounted to €18,640,928.82. Priority is given to the following programmes: … literacy and social skills programmes for Gypsy women; and prevention and health education programmes for Gypsy women. [Para 33]" -
State Under Review:SpainSpainRegional groupWEOGPolitical groupEUOEISource Of Reference:UN CompilationIssue:
- Early marriage
Type:Review DocumentationSession:35th Session, February 2020Status:Reference AddressedContents:[CRC] recommended removing the exceptions to the minimum age of marriage. UNESCO recommended raising the legal age of marriage to 18 years for both men and women. [Para 56]
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State Under Review:SpainSpainRegional groupWEOGPolitical groupEUOEISource Of Reference:UN CompilationIssue:
- Violence against women / gender-based violence
- Domestic violence
Type:Review DocumentationSession:8th session, May 2010Status:Reference AddressedContents:"CAT remained concerned at reports of an unacceptable number of acts of violence
against women, including domestic violence, which sometimes result in murder. It was of
the view that the extent of this problem in the State calls for a response that goes beyond
legislative provisions and action plans and requires a comprehensive effort to change the
perception of women in society and dispel associated stereotypes. CEDAW remained
concerned about the prevalence of violence against women; it noted with concern that the
number of reported murders of women by current and former spouses or partners has not
declined significantly and that the severity of violence committed against women has
actually increased. [Para 27]" -
State Under Review:SpainSpainRegional groupWEOGPolitical groupEUOEISource Of Reference:BelarusBelarusRegional groupEEGPolitical groupCISIssue:
- Sexual exploitation / slavery
- Trafficking in women and / or girls
Type:RecommendationSession:8th session, May 2010Status:AcceptedContents:Consider the possibility to amend the criminal code to criminalize the trafficking in human beings for the purpose of sexual exploitation.ImplementationNational Report:
Para 9) In 2010, a major reform of the Spanish Criminal Code was adopted. The reform amended, inter alia, offences against the international community and the offence of human trafficking, which was classified for the first time as a separate offence. It also expressly added trafficking for purposes of sexual exploitation and granted special protection to child victims. In addition, it increased the penalties for environmental offences, added the offence of trafficking in human organs and illegal organ transplant, expanded the aggravating circumstances related to discrimination and introduced new articles aimed at providing increased protection for minors against sexual abuse, sexual exploitation, prostitution and child pornography.
Para 10) Proceedings are under way to adopt a new bill amending the Criminal Code that, inter alia ... strengthens protection for victims of gender-based violence, amends the offence of sexual exploitation and forced prostitution, pays special attention to the most vulnerable victims of trafficking and strengthens protection for minors from criminal acts against their sexual freedom.
Para 25) The offence of human trafficking was criminalized in article 177 bis of the Criminal Code through Organic Act No. 5/2010, in which it was classified as a particular offence against the person distinct from the offence of smuggling of migrants. It is a crime of intent and is committed when the act is carried out for purposes of exploitation using any means that would nullify the victim's consent. Exploitation, if it occurs, constitutes an offence separate from that of human trafficking. The crime of sexual exploitation and forced prostitution is regulated by article 188 of the Spanish Criminal Code, and sentences for that offence and for the offence of trafficking may be served consecutively. The aforementioned reform of the Criminal Code included an amendment to the classification of the offence of sexual exploitation and forced prostitution.
Para 58) Special efforts have been and are being made to combat crimes against the sexual freedom of minors. The ongoing reform of the Criminal Code establishes harsher penalties for this type of offence and raises the age of sexual consent to 16 years, thereby fulfilling a recommendation by the Committee on the Rights of the Child and improving the protection that Spain affords to minors, particularly in the effort to control child prostitution. Moreover, causing a child under the age of 16 to witness sexual acts or abuse of other persons has been explicitly criminalized, with sentences of up to 3 years' imprisonment. For crimes involving prostitution, a clearer distinction is drawn between offences against adults and those affecting minors or persons with disabilities, for which the penalties are harsher and to which new aggravating circumstances apply in order to combat the most harmful cases of child prostitution. Particular attention is also paid to punishing child pornography, the legal definition of which is taken from Directive 2011/93/EU. The production and dissemination of such material is punished, as is knowingly attending exhibitionist or pornographic shows involving minors or persons with disabilities.
Stakeholder Summary:
Para 23) Joint Submission 7 (JS7) stated that structures must be developed to enable children and adolescents to participate in the process of preparing and assessing action plans and policies on violence prevention and protection against violence, and the commercial sexual exploitation of children and adolescents, in particular.
Para 31) JS7 considered that, in recent years, progress had been made regarding laws and policies on the sexual exploitation of children and adolescents. The national legislation on trafficking in persons was highly developed; however, more must be done to prepare effective responses ...
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State Under Review:SpainSpainRegional groupWEOGPolitical groupEUOEISource Of Reference:GhanaGhanaRegional groupAfrica GroupPolitical groupAUOIFCommonwealthIssue:
- Women's participation
Type:RecommendationSession:21st session, January 2015Status:AcceptedContents:Promote vigorously the participation of women in decision-making positions, both in the public and private sectors.ImplementationNational Report:
Para 41) After the most recent general elections, the percentage of female deputies in Congress rose from 39.4 to 47.4 per cent, while the percentage of female senators rose from 39.9 to 40.4 per cent. A majority of the ministers (11 out of 17) of the caretaker Government are women. The Ministry of Equality, led by the Deputy Prime Minister, is also headed by a woman. Other positions in institutions established by the Constitution, such as the President of the Congress of Deputies and the Attorney General, are held by women. The ratio of men to women in positions of seniority in government, of which 57.32 per cent are occupied by men and 42.68 per cent by women, is not disproportionately high. Women occupy 44 per cent of senior executive positions and 56 per cent of junior executive positions.
UN Compilation:
Para 53) CEDAW and the Working Group on discrimination against women and girls welcomed the increase in the representation of women in Parliament. However, they also noted the generally low participation of women in political and public life, in particular in decision-making positions at the autonomous community level, in the diplomatic service and in the judiciary.
Stakeholder Summary:
Para 69) JS7 noted that the lack of career development opportunities for women exposed them to financial insecurity and inequality in political participation.
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State Under Review:SpainSpainRegional groupWEOGPolitical groupEUOEISource Of Reference:AzerbaijanAzerbaijanRegional groupEEGPolitical groupOICCISIssue:
- Violence against women / gender-based violence
- Domestic violence
Type:RecommendationSession:21st session, January 2015Status:AcceptedContents:Strengthen the measures on combating domestic and other forms of gender-based violence.ImplementationNational Report:
Para 18) The Government of Spain is firmly committed to promoting gender equality and eliminating all forms of violence against women and girls The legal framework as it pertains to gender-based violence includes Organic Act No. 1/2015, under which forced marriage, harassment, unauthorized disclosure of recordings or private images obtained with the consent of the victim but disclosed without the victim’s knowledge and the disabling of electronic devices used to enforce sentences were made specific offences.
Para 19) Beginning with the entry into force of Organic Act No. 8/2015, the minor children of female victims of gender-based violence were considered direct victims of such violence. Royal Decree-Law No. 9/2018, for its part, strengthened access to effective judicial protection for victims and made it possible to certify a person’s status as a victim of gender-based violence in other ways.
Para 26) The General Commission on Codification submitted a report analysing the definitions of the offences of sexual assault and molestation to determine whether those definitions are useful and technically correct; a linked document on the elimination of sexual molestation as a defined offence punishable by a fine accompanied the report.
Para 27) Eighty-seven per cent of the measures planned as part of the National Strategy for the Elimination of Violence against Women 2013–2016, one of the tools used to combat gender-based violence, were carried out.
Para 28) The year 2017 was a turning point for Spain in respect of violence against women, as it was the year of the adoption of the first National Covenant on Combating Genderbased Violence 2018–2022. The Covenant covers legislative reforms, training, the promotion of the work of the comprehensive forensic assessment units, the recognition of the right to free legal aid and the empowerment of the agencies providing assistance to victims.
Para 29) Instruction No. 4/2019 established a new protocol for assessment by the police of the risk of gender-based violence, victim safety and case follow-up through the VioGén System. Instruction No. 7/2019 established the procedure to be followed by the police in informing foreign women who are victims of gender-based violence of their right to apply for temporary residence and work permits.
Para 30) Records of the number of women killed as a result of gender-based violence have been kept since 2003, and since January 2019 data have been collected on women killed as a result of other forms of violence. A study on the time it takes women victims of gender-based violence to report their situation has been published.
Para 59) … Under Act No. 3/2019,72 the children of victims of gender-based violence and other forms of violence against women are entitled to the benefits to which orphans are entitled, thereby improving their situation.
Para 72) The National Strategy for the Elimination of Violence against Women 2013–2016 led to a closer focus on specialized care for women with disabilities who are victims of gender-based violence and improved accessibility. The third pillar of the National Covenant on Combating Gender-based Violence provides for a series of measures for the protection of women with disabilities.
Para 83) Act No. 2/201792 guaranteed free legal aid, expressly including information on mediation and other extrajudicial means of conflict resolution. For victims of gender-based violence, … free legal aid also includes free advice and orientation immediately prior to the submission of a report or complaint.
Para 100) Organic Act No. 42/2015 established that victims of gender-based violence, terrorism and trafficking in persons are entitled to free legal aid regardless of their economic means, as are minors and persons with intellectual disabilities or mental disorders who are victims of abuse or ill-treatment.
Para 111) The eighth pillar of the National Covenant on Combating Gender-based Violence provides for measures to raise awareness of and respond to other forms of violence against women, including sexual violence, trafficking in women and girls for the purpose of sexual exploitation, female genital mutilation and forced marriage.
UN Compilation:
Para 49) Two treaty bodies welcomed legislative measures to protect women from violence. However, the CEDAW and the Working Group on discrimination against women and girls were concerned by the prevalence of violence against women, including sexual violence, and by the high percentage of women who had died as a result of a gender-based violence in close relationships.
Para 50) [CEDAW] welcomed the decision by the highest court of Spain finding in favour of a victim of domestic violence and reaffirming that Spanish law must incorporate the rights and freedoms of human rights treaties.
Para 61) [CRPD] was concerned about persons with disabilities still living in institutions and, in particular, about women with intellectual or psychosocial disabilities in such institutions being exposed to a high risk of humiliation, abuse and violence, including sexual violence. It was also concerned about reported cases of violence against women with psychosocial disabilities perpetrated by their intimate partners.
Stakeholder Summary:
Para 67) JS7 expressed concern about the fact that women continued to fall victim to violence and homicide at the hands of their partner or ex-partner. Fundació de Dones (SURT) regretted that the coordination necessary to implement existing measures to protect women victims of discrimination and violence was lacking.
Para 79) Joint Submission 12 (JS12) welcomed the fact that the situation of women diagnosed with mental disorders was addressed in the National Strategy for the Eradication of Violence against Women. However, they were concerned that this had not been reflected in practice.
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State Under Review:SpainSpainRegional groupWEOGPolitical groupEUOEISource Of Reference:UN CompilationIssue:
- Violence against women / gender-based violence
- Domestic violence
Type:Review DocumentationSession:21st session, January 2015Status:Reference AddressedContents:CESCR was concerned at high levels of domestic and other forms of gender-based violence. It recommended that Spain strengthen the measures to combat such violence, especially violence against women, and encouraged it to ensure that the restrictive austerity measures did not undermine the protection afforded to victims. [Para 23] -
State Under Review:SpainSpainRegional groupWEOGPolitical groupEUOEISource Of Reference:Stakeholder SummaryIssue:
- Transgender persons' rights
Type:Review DocumentationSession:21st session, January 2015Status:NeglectedContents:Furthermore, FT reported that medical treatment related to transsexuality was not specifically covered in the basic portfolio of services of the social security system and recommended that it be included, given that complete coverage was offered only in a few Autonomous Communities. [Para 63] -
State Under Review:SpainSpainRegional groupWEOGPolitical groupEUOEISource Of Reference:MalaysiaMalaysiaRegional groupAsia-Pacific GroupPolitical groupASEANOICCommonwealthIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:8th session, May 2010Status:AcceptedContents:Further strengthen the implementation of some of the provisions of the law on comprehensive protection measures to tackle gender-based violenceImplementationNational Report:
Para 10) Proceedings are under way to adopt a new bill amending the Criminal Code that, inter alia ... strengthens protection for victims of gender-based violence, amends the offence of sexual exploitation and forced prostitution, pays special attention to the most vulnerable victims of trafficking and strengthens protection for minors from criminal acts against their sexual freedom.
Para 20) ... In addition, Organic Act No. 10/2011 amended article 31 bis of Organic Act No. 4/2000 on the rights and freedoms of foreigners in Spain and their social integration, so as to enhance measures to protect foreign women victims of gender-based violence who choose to file a complaint against the perpetrator. Royal Decree No. 1710/2011, for its part, amended the immigration regime for citizens of the European Union and the European Economic Area by allowing victims of gender-based violence to retain their residence permits under exceptional circumstances in the event of an annulment of their marriage, divorce or cancellation of a registered partnership ...
UN Compilation:
Para 23) CESCR was concerned at high levels of domestic and other forms of gender-based violence.
Para 24) In 2014, CEDAW adopted a decision about a communication regarding a case of domestic violence against a woman and her daughter, which culminated with the murder of the child in 2003. CEDAW noted that the author of the communication had suffered harm of the utmost seriousness and an irreparable injury as a result of the loss of her daughter and that her efforts to obtain redress had been futile. It concluded, inter alia, that the absence of reparations constituted a violation by the State of its obligations under CEDAW.
Para 25) CRPD was concerned that public policies on the prevention of gender-based violence did not sufficiently take into consideration the particular situation of women with disabilities.
Para 26) Following a CAT concern about the situation of migrant women in irregular situation who are victims of gender-based violence, in 2011 Spain indicated that Organization Act No. 2/2009, amending Organization Act No. 4/2000, on the rights and freedoms of aliens and their social integration, included new articles addressing gender violence and human trafficking. However, CERD was concerned that article 31 bis of Organization Act No. 2/2009, regarding foreign women who were victims of gender-based violence, might dissuade foreign women in an irregular situation from filing complaints about gender-based violence for fear of being expelled if the courts did not find the accused guilty.
Para 27) UNHCR observed, as positive developments, … that there was increased recognition of refugees who were victims of domestic violence;
Stakeholder Summary:
Para 29) AI stated that, nine years after the entry into force of the Law against Gender Violence, no assessment of the workings of the relevant specialized courts had yet been carried out.
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State Under Review:SpainSpainRegional groupWEOGPolitical groupEUOEISource Of Reference:Stakeholder SummaryIssue:
- Sexual violence
Type:Review DocumentationSession:8th session, May 2010Status:NeglectedContents:The law does not specifically state that sexual violence may amount to torture or other ill treatment when committed in custody. [Para 12] -
State Under Review:SpainSpainRegional groupWEOGPolitical groupEUOEISource Of Reference:TogoTogoRegional groupAfrica GroupPolitical groupAUOICOIFIssue:
- Trafficking in women and / or girls
Type:RecommendationSession:35th Session, February 2020Status:AcceptedContents:Develop and implement strategies to combat all forms of trafficking and servitude and strengthen the protection of women victims of trafficking.
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State Under Review:SpainSpainRegional groupWEOGPolitical groupEUOEISource Of Reference:RomaniaRomaniaRegional groupEEGPolitical groupEUOIFIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:35th Session, February 2020Status:AcceptedContents:Continue the initiatives aimed at combating violence against women.
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State Under Review:SpainSpainRegional groupWEOGPolitical groupEUOEISource Of Reference:TurkeyTurkeyRegional groupWEOGPolitical groupOICIssue:
- Training for state personnel on sexual rights issues
- Domestic violence
Type:RecommendationSession:35th Session, February 2020Status:AcceptedContents:Consider further measures that will bring about due diligence in tackling domestic violence cases, including measures like the provision of training for judges and law enforcement authorities.
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State Under Review:SpainSpainRegional groupWEOGPolitical groupEUOEISource Of Reference:VietnamVietnamRegional groupAsia-Pacific GroupPolitical groupASEANOIFIssue:
- Gender equality
Type:RecommendationSession:35th Session, February 2020Status:AcceptedContents:Further strengthen its efforts in combating discrimination and promoting gender equality.
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State Under Review:SpainSpainRegional groupWEOGPolitical groupEUOEISource Of Reference:UN CompilationIssue:
- Marginalized groups of women
Type:Review DocumentationSession:35th Session, February 2020Status:Not Followed up with a RecommendationContents:It was also recommended that Spain guarantee adequate mechanisms for the early identification of and for supporting persons with specific needs arriving in the temporary holding centres and that it promote awareness on gender- and age-related issues in reception centres. [Para 69]
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State Under Review:SpainSpainRegional groupWEOGPolitical groupEUOEISource Of Reference:Stakeholder SummaryIssue:
- Early marriage
Type:Review DocumentationSession:35th Session, February 2020Status:Reference AddressedContents:JS27 recommended raising the minimum age of marriage to 18 years. [Para 77]
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State Under Review:SpainSpainRegional groupWEOGPolitical groupEUOEISource Of Reference:National ReportIssue:
- International human rights instruments
Type:Review DocumentationSession:8th session, May 2010Status:N/AContents:"The implementation of the CRPD
and its OP must be supported. Spain has been exemplary in many ways in the area of the social integration of persons with disabilities, thanks to the admirable work
started many years ago by organizations such as the Spanish National Organization for the
Blind (ONCE). This sterling work is ongoing and has been supported through the
legislative and budgetary measures adopted by successive Governments through the State
Secretariat for Social Policy, currently integrated in the form of a general secretariat in the
Ministry of Health and Social Policy. [Para 81]" -
State Under Review:SpainSpainRegional groupWEOGPolitical groupEUOEISource Of Reference:Stakeholder SummaryIssue:
- Sexual and / or reproductive rights and / or health broadly
Type:Review DocumentationSession:8th session, May 2010Status:NeglectedContents:Inequality in access to and quality of sexual health services received by persons with disabilities, women in rural areas, lesbians, prostitutes and migrant women. [Para 33] -
State Under Review:SpainSpainRegional groupWEOGPolitical groupEUOEISource Of Reference:SerbiaSerbiaRegional groupEEGIssue:
- Violence against women / gender-based violence
- Gender perspective in policies, programmes
Type:RecommendationSession:21st session, January 2015Status:AcceptedContents:Continue with efforts for mainstreaming of gender equality into laws and policies and assign sufficient resources for the implementation of the Law on comprehensive protection measures against gender-based violence. -
State Under Review:SpainSpainRegional groupWEOGPolitical groupEUOEISource Of Reference:UkraineUkraineRegional groupEEGPolitical groupCISIssue:
- Harmful practices based on cultural / traditional values
- Sexual exploitation / slavery
- Forced marriage
- Violence against women / gender-based violence
- Trafficking in women and / or girls
Type:RecommendationSession:21st session, January 2015Status:AcceptedContents:Adopt a new bill amending the Criminal Code on the issues of gender-based violence, human trafficking, sexual exploitation and forced marriage.ImplementationNational Report:
Para 18) The Government of Spain is firmly committed to promoting gender equality and eliminating all forms of violence against women and girls The legal framework as it pertains to gender-based violence includes Organic Act No. 1/2015, under which forced marriage, harassment, unauthorized disclosure of recordings or private images obtained with the consent of the victim but disclosed without the victim’s knowledge and the disabling of electronic devices used to enforce sentences were made specific offences.
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State Under Review:SpainSpainRegional groupWEOGPolitical groupEUOEISource Of Reference:MalaysiaMalaysiaRegional groupAsia-Pacific GroupPolitical groupASEANOICCommonwealthIssue:
- Gender equality
Type:RecommendationSession:21st session, January 2015Status:AcceptedContents:Step up measures to improve employability and access to employment, especially among young men and women, and ensure equal opportunities between them.ImplementationNational Report:
Para 21) The adoption of Royal Decree-Law No. 6/2019, which reinforced the right of working people to equal pay, was a noteworthy step towards full equality of treatment and opportunity for men and women in work and employment. Under the Decree-Law, measures to promote reconciliation of family life and work were also taken. Paternity leave (which was renamed childbirth and childcare leave), for example, will be lengthened to ensure that in 2021 it will be as long as maternity leave is now.
Para 33) Narrowing the wage gap is a priority for the Spanish Government. The Master Plan for Decent Work 2018–2020 contains a series of measures to identify and combat this form of discrimination. A report on women in the labour market, women pensioners and migrant women in the twenty-first century was presented in March 2019.
Para 34) With regard to the public sector, a report on follow-up to the second Plan for Equality between Women and Men has been produced. Since 2015, there has been a protocol for the mobility of female public employees who are victims of gender-based violence and, since 2018, an agreement to facilitate their moves from one administrative agency to another.
UN Compilation:
Para 32) While concerned that the unemployment rate remained high and disproportionately affected … women …
Para 33) CESCR was also concerned that, despite the decline in the overall incidence of precarious employment, the incidence of some forms of such work, especially temporary employment, remained high and particularly affected women.
Stakeholder Summary:
Para 69) JS7 noted that the lack of career development opportunities for women exposed them to financial insecurity and inequality in political participation. JS15 welcomed the fact that Organic Act No. 3/2007 would help to ensure better conditions of labour market access for women in situations of social exclusion. JS4 expressed concern about the discrimination that women suffered in terms of wages. … The Women of the World Platform (WoW) expressed concern about “maternal mobbing” and the difficulty of proving cases reported.
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State Under Review:SpainSpainRegional groupWEOGPolitical groupEUOEISource Of Reference:Stakeholder SummaryIssue:
- Violence against women / gender-based violence
Type:Review DocumentationSession:21st session, January 2015Status:Reference AddressedContents:... ICAAD recalled that Spain rejected a recommendation to establish a national plan of action to combat violence against women. This should seriously be revisited by Spain during its next UPR. [Para 29] -
State Under Review:SpainSpainRegional groupWEOGPolitical groupEUOEISource Of Reference:PakistanPakistanRegional groupAsia-Pacific GroupPolitical groupOICCommonwealthIssue:
- Gender equality
Type:RecommendationSession:8th session, May 2010Status:AcceptedContents:Ensure implementation of the gender equality measures to the rural areas including for the migrant female workers.ImplementationNational Report:
Para 11) In this regard, particular mention should be made of the reform of the criminal offence of human trafficking, which has been classified as a particular offence against the person distinct from the offence of smuggling of migrants, and of the adoption of the Strategic Plan for Equality of Opportunity 2014-2016, which will be implemented through ... the adoption of the ... Plan for the Advancement of Rural Women.
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State Under Review:SpainSpainRegional groupWEOGPolitical groupEUOEISource Of Reference:IranIranRegional groupAsia-Pacific GroupPolitical groupOICIssue:
- Sexual violence
Type:RecommendationSession:8th session, May 2010Status:RejectedContents:Undertake immediate steps to establish an independent police complaints mechanism with a mandate to investigate all allegations of serious human rights violations by law enforcement officials in cases such as sexual violence in custody.ExplanationUnder the rule of law in Spain, responsibility for taking action and carrying out indepth investigations into all allegations rests with judges and the courts, which are fully autonomous and independent of the Government and civil service and are equipped with the legal resources and capacity necessary for that purpose.
Accordingly, given that one of the cornerstones of the rule of law in Spain is the independence of the judiciary, which is also equipped with the necessary legal and operational resources to ensure that offences falling under its jurisdiction pursuant to the Spanish Constitution are investigated and prosecuted, Spain does not consider it necessary to create an additional independent body independent to investigate complaints of illtreatment.