UPR Sexual Rights Database

National 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 ...

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 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.

National Report:
Para 20) Under Organic Act No. 4/2018, it became compulsory to determine whether proposed appointments to positions of higher rank in the judiciary were compatible with the Equality Act. In accordance with Organic Act No. 5/2018, relevant training in this field was promoted in both civil service examinations and in-service learning for judicial officials. Providing training on gender perspectives to prosecutors is one of the central components of the Prosecution Service’s 2019 In-Service Learning Plan.
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 22) Under Royal Decree-Law No. 18/2017, the obligation to disclose non-financial information, including information related to gender matters, was imposed on some companies. A law to ensure that companies do not have a disproportionately large number of either men or women has been announced.
Para 23) Royal Decree No. 259/2019 has led to progress in inter-ministerial coordination and required an equality unit of every government agency.
Para 24) A gender equality perspective, involving co-education and learning about real equality between men and women, the prevention of gender-based violence and respect for sexual diversity, informs the bill on an organic act on education.
Para 31) The Strategic Plan on Equal Opportunities 2014–2016, a gender equality tool, was evaluated and submitted to the Council on Women’s Participation for review. Work on the next version of the Plan is currently under way.
Para 32) One of the main components of the second Women and Peace and Security Plan 2017–2023 is to ensure the participation of women in decision-making processes in all phases of a given conflict. At the seventy-fourth session of the United Nations General Assembly, Spain, together with Finland, submitted the declaration entitled Commitment 2025 on Women’s Inclusion in Peace Processes.
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.
Para 35) Spain has developed the Plan for Gender Equality in the Fishing and Aquaculture Sector 2015–2020. Women’s involvement in associations and women’s leadership have been given a boost with the emergence of the National Association of Fishing Women and the award of subsidies.
Para 36) With a view to making progress towards budgets informed by a gender perspective, each year’s national budget is accompanied by a gender impact report.
Para 37) The Observatory on Women, Science and Innovation has begun operations in order to help ensure that real equality in the participation of women and men in all areas and levels of science, technology and innovation is achieved. The report Científicas en Cifras 2017 (Female scientists in figures 2017) and a report on women in technology were presented in 2019.
Para 38) The Institute for Women and Equal Opportunities takes measures to promote equality of opportunity in the private sector by providing advice on drafting equality plans or awarding “Equality in Business” certificates. It also provides training and advice to women who are in senior management or are prospective senior managers.
Para 39) The National Institute of Statistics conducts time-use surveys to shed light on the amount of unpaid work done in the home and the way family responsibilities are shared. The next survey is planned for the period 2021–2022.
Para 40) Gender equality policies are also a strategic priority for the Spanish Agency for International Development Cooperation, as reflected in its fifth Master Plan. The priorities in the Agency’s Humanitarian Action Strategy 2019–2026 include specific measures to combat gender-based violence. The Agency finances projects for the protection of women at risk and survivors of gender-based violence, the empowerment of women and the consolidation of women’s sexual and reproductive rights.
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.
Para 42) With regard to the State security forces, a national bureau for gender equality was made part of the national police force. In 2019, the Civil Guard published its first equality plan and a protocol for responding to sexual harassment and gender-based harassment.
Para 43) As far as the armed forces are concerned, the visibility of the Military Observatory on Equality between Women and Men has been heightened, and it has been given additional responsibilities. The increase in the amount of training on equality policies it provides is also noteworthy.
Para 44) The post of Ambassador-at-Large for the Promotion of Gender Equality and Reconciliation Policies was created and filled in August 2018, and in June 2019 a post for a coordinator of efforts to respond to violence against women abroad was created.
Para 145) The Women’s Health Observatory was founded in 2018 to help ensure that public health policies are informed by the equality principle.

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.
Para 35) In 2018, the ILO Committee of Experts noted the observations of the General Union of Workers concerning the exclusion of domestic workers from the Occupational Risk Prevention Act and regretted that section 26 of the Act relating to maternity protection was not applied to those workers.
Para 38) [CESCR] was concerned that the percentage of the population at risk of poverty and social exclusion was high, particularly among young people, women, …
Para 51) The Working Group on discrimination against women and girls noted the efforts made by Spain to integrate women into public, political and economic life and its impressive legal and institutional infrastructure for gender equality, which had brought significant gains for women. It noted, however, that in the media traditionalist and sexist roles were still widespread. Some treaty bodies were also concerned about the persistence of entrenched traditional attitudes and stereotypes concerning the roles and responsibilities of women and men in the family and in society.
Para 52) CEDAW was concerned that the austerity measures had had a disproportionate impact on women, in particular women with disabilities, older women and women domestic workers.
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. 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.
Para 73) SURT welcomed the adoption of Royal Decree No. 6/2019, on effective equality between women and men, in 2018.

National 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 59) The main legal reforms in this area include Organic Act No. 8/201570 and Act No. 15/2015, under which the minimum age for marriage was raised to 16.
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 … forced marriage.

National 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 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 ...