UPR Sexual Rights Database

National Report:
Para 20) ... In addition, the system of fees charged by the justice system was reformed through Royal Decree No. 3/2012, which exempts victims of gender-based violence from paying fees, while the free legal aid system was reformed to ensure that such victims are entitled to free legal aid regardless of their income level ...
Para 23) ... The State security forces and law enforcement agencies possess a network of specialist care providers comprising teams for women and minors, Civil Guard criminal investigation police, family services, and groups for women and minors within the National Police Force. In addition, the Upgrading and Specialization Centre, which is part of the Training and Proficiency Division of the National Police and Civil Guard, offers training courses addressing gender-based violence. The Basic Guide to Psychological First Aid in Cases of Gender-based Violence has been prepared in order to provide better care for victims. There is also an integrated system for monitoring cases of gender-based violence in the country, which includes a subsystem focusing on victims who have died as a result of gender-based violence. Between 2010 and 2014, several revisions were made to the risk assessment forms used by the police, and it was decided that a new tool would soon be launched to create and send follow-up warnings or alerts triggered by the continuous monitoring of changes in the level of risk faced by victims.
Para 56) The economic crisis has posed challenges to the legal aid programme. In response, a legal aid bill is being prepared, addressing the need to guarantee the sustainability of the free justice system through improved resource management and greater oversight of its use. The bill would increase the number of potential direct beneficiaries of the system, placing particular focus on the most vulnerable groups (victims of gender-based violence ... ) and entitling them to legal aid irrespective of their ability to cover legal costs.
Para 57) Regarding the protection of crime victims, work is proceeding on the Crime Victim Status Bill, whose purpose is to ensure that Government entities provide as comprehensive assistance as possible to victims, both from a legal and social standpoint. This would imply not only reparation through a criminal trial but also the mitigation of other traumatic emotional effects brought on by their situation, independently from the proceedings. Based on the recognition of victims' dignity, the bill's goal is to defend their material and moral goods and, thereby, those of society as a whole. Special focus in this area is placed on victims of gender-based violence ...
Para 74) It is important to note under the legislation in force, women victims of gender-based violence and victims of terrorism are entitled to preferential protection in access to housing.

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 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.

UN Compilation:
Para 42) Several treaty bodies and special procedures raised concerns about limited access to health-care services by irregular migrants, especially migrant women, including regarding free access to sexual and reproductive health services.