UPR Sexual Rights Database

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 23) Royal Decree No. 259/2019 has led to progress in inter-ministerial coordination and required an equality unit of every government agency.
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 Gender-based 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.

Stakeholder Summary:
Para 67) … Fundació de Dones (SURT) regretted that the coordination necessary to implement existing measures to protect women victims of discrimination and violence was lacking.