UPR Sexual Rights Database

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 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.

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 ...

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.