UPR Sexual Rights Database

National Report:
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 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, …

National 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 11) ... the adoption of the Strategic Plan for Equality of Opportunity 2014-2016, which will be implemented through the Special Plan for Equality between Women and Men in the Workplace and against Wage Discrimination 2014-2016, the Action Plan for Equality between Women and Men in the Information Society and the Plan for the Advancement of Rural Women.
Para 16) Since 2010, many legislative improvements have been made concerning equality of opportunity for women and men. The following are some of the pieces of legislation that have been adopted: Royal Decree Law No. 11/2013 on protection for part-time workers and other urgent economic and social measures; Act No. 27/2011 amending the Social Security Act in respect of social and economic benefits for women; the consolidated text of the Act on the Regulation and Supervision of Private Insurance, which was amended with a view to eliminating gender differences concerning insurance premiums and benefits; Act No. 14/2011 on Science, Technology and Innovation, which sets as one of its overall objectives the promotion of the inclusion of a gender perspective as a cross-cutting category in this field; and Act No. 3/2012 on urgent measures to reform the labour market, which provides for conditional assistance to encourage the recruitment of women.
Para 17) The Strategic Plan on Equality of Opportunity 2014-2016 sets out the objectives and priority actions to be taken to eliminate any remaining gender-based discrimination and to achieve equality of opportunity for women and men. Its three main objectives are to: (i) reduce the inequalities that still persist in the areas of employment and the economy, with a special focus on the pay gap; (ii) support a work-life balance and joint responsibility; and (iii) eliminate violence against women just because they are women. In addition, it also has the following three objectives: (iv) to enhance women's participation in the political, economic and social spheres; (v) to promote equality of opportunity for women and men through the education system; and (vi) to fully integrate the principle of equality of treatment and opportunity in all government policies and actions.
Para 18) The policies adopted in the area of employment and participation in economic activity include the following: measures to integrate women who have difficulty finding work into society and the labour market; measures to promote self-employment and entrepreneurship among women; measures to promote equality plans in small and medium- sized businesses; the awarding of the distinction "Equality in Business"; the provision of access for women to decision-making positions in business and the continuous monitoring carried out by the Inspectorate of Labour and Social Security.
Para 19) At the same time, other actions have been taken including measures to promote a work-life balance and joint responsibility in family matters, the teaching of equality education programmes in schools, actions aimed at incorporating the principle of equality of treatment and opportunity in public policies and in the public sector, interventions against sexist advertising through the Women's Image Observatory together with other actions to combat persisting stereotyped attitudes about the roles and responsibilities of women and men and the operationalization of the Council on Women's Participation.
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 51) CESCR was concerned that gender stereotypes prevented women from enjoying the right to work on equal terms with men, and that the wage gap between men and women was still large.

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.
Para 49) JS4 pointed out that, notwithstanding the Law on Gender Equality, most management posts were still occupied by men.