UPR Sexual Rights Database

Search & Filters

Select one or more parameters to begin your search. You may also search by keyword at any time.

UN Member State that is reviewed on its human rights record as part of the UPR process.

Categories of the types of information used during reviews

Show advanced filters
Source of Reference

Recommending State

UN Member State or Permanent Observer making sexual rights related recommendations, comments or asking questions to the State under Review.

Review Documentation

Sources of information used as the basis for a State’s review.  Includes the State’s National Report, UN Compilation Report and a Stakeholder Summary.

UN Regional Group to which State under Review belongs.

UN Regional Group to which Recommending State belongs.

This will only match recommendations where the Source of Review is a State.

Implementation notes

State responses to recommendations and issues raised in the UN Compilation and Stakeholder summary.

Displaying 47651 - 47675 of 58126 recommendations found
  • State Under Review:

    Spain

    Spain
    Regional group
    WEOG
    Political group
    EU
    OEI
    Source Of Reference:

    Pakistan

    Pakistan
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    Commonwealth
    Issue:
    • Gender equality
    Type:
    Recommendation
    Session:
    8th session, May 2010
    Status:
    Accepted
    Contents:
    Ensure implementation of the gender equality measures to the rural areas including for the migrant female workers.
    Implementation
    National Report:
    Para 11) In this regard, particular mention should be made of the reform of the criminal offence of human trafficking, which has been classified as a particular offence against the person distinct from the offence of smuggling of migrants, and of the adoption of the Strategic Plan for Equality of Opportunity 2014-2016, which will be implemented through ... the adoption of the ... Plan for the Advancement of Rural Women.
  • State Under Review:

    Spain

    Spain
    Regional group
    WEOG
    Political group
    EU
    OEI
    Source Of Reference:

    Macedonia FYR

    Macedonia FYR
    Regional group
    EEG
    Political group
    OIF
    Issue:
    • Sexual exploitation / slavery
    Type:
    Recommendation
    Session:
    35th Session, February 2020
    Status:
    Accepted
    Contents:
    Adopt legislative measures for criminalization of procuring in general, as well as the use of sexual services, with the knowledge that the person providing them may be a victim of trafficking.
  • State Under Review:

    Spain

    Spain
    Regional group
    WEOG
    Political group
    EU
    OEI
    Source Of Reference:

    Philippines

    Philippines
    Regional group
    Asia-Pacific Group
    Political group
    ASEAN
    Issue:
    • Violence against women / gender-based violence
    • Sexual violence
    Type:
    Recommendation
    Session:
    35th Session, February 2020
    Status:
    Accepted
    Contents:
    Strengthen measures to address the prevalence of violence against women, including sexual violence.
  • State Under Review:

    Spain

    Spain
    Regional group
    WEOG
    Political group
    EU
    OEI
    Source Of Reference:

    Slovenia

    Slovenia
    Regional group
    EEG
    Political group
    EU
    Issue:
    • Violence against women / gender-based violence
    • Training for state personnel on sexual rights issues
    Type:
    Recommendation
    Session:
    35th Session, February 2020
    Status:
    Accepted
    Contents:
    Enhance specialized training for staff involved in ensuring comprehensive protection of women as victims of violence.
  • State Under Review:

    Spain

    Spain
    Regional group
    WEOG
    Political group
    EU
    OEI
    Source Of Reference:

    Peru

    Peru
    Regional group
    GRULAC
    Political group
    OAS
    OEI
    Issue:
    • Gender equality
    Type:
    Recommendation
    Session:
    35th Session, February 2020
    Status:
    Accepted
    Contents:
    Consider the creation of a commission, which includes all stakeholders, that continues promoting gender equality.
  • State Under Review:

    Spain

    Spain
    Regional group
    WEOG
    Political group
    EU
    OEI
    Source Of Reference:

    UN Compilation

    Issue:
    • Gender equality
    Type:
    Review Documentation
    Session:
    35th Session, February 2020
    Status:
    Not Followed up with a Recommendation
    Contents:
    While concerned that the unemployment rate remained high and disproportionately affected ... women, CESCR recommended continuing to implement fully the Spanish Employment Activation Strategy 2017–2020 by, among other means, giving due consideration to groups disproportionately affected by unemployment. [Para 32]
  • State Under Review:

    Spain

    Spain
    Regional group
    WEOG
    Political group
    EU
    OEI
    Source Of Reference:

    Iran

    Iran
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    Issue:
    • Sexual violence
    Type:
    Recommendation
    Session:
    8th session, May 2010
    Status:
    Rejected
    Contents:
    Undertake immediate steps to establish an independent police complaints mechanism with a mandate to investigate all allegations of serious human rights violations by law enforcement officials in cases such as sexual violence in custody.
    Explanation
    Under the rule of law in Spain, responsibility for taking action and carrying out indepth investigations into all allegations rests with judges and the courts, which are fully autonomous and independent of the Government and civil service and are equipped with the legal resources and capacity necessary for that purpose.

    Accordingly, given that one of the cornerstones of the rule of law in Spain is the independence of the judiciary, which is also equipped with the necessary legal and operational resources to ensure that offences falling under its jurisdiction pursuant to the Spanish Constitution are investigated and prosecuted, Spain does not consider it necessary to create an additional independent body independent to investigate complaints of illtreatment.
  • State Under Review:

    Spain

    Spain
    Regional group
    WEOG
    Political group
    EU
    OEI
    Source Of Reference:

    Stakeholder Summary

    Issue:
    • Forced sterilization
    • Marginalized groups of women
    • Violence against women / gender-based violence
    • Sexual and / or reproductive rights and / or health broadly
    Type:
    Review Documentation
    Session:
    35th Session, February 2020
    Status:
    Not Followed up with a Recommendation
    Contents:
    FCM expressed regret that several recommendations accepted by Spain during its second universal periodic view had not been fully implemented. It noted, for example, that legislation was not sufficient to guarantee the right to sexual and reproductive health for women and girls with disabilities. JS12 recommended repealing article 156 of Organic Act No. 10/1995, which allows forced sterilization, incorporating a gender perspective in mental health services and developing a strategy for preventing and identifying cases of gender-based violence in all mental health-care services. [Para 80]
  • State Under Review:

    Spain

    Spain
    Regional group
    WEOG
    Political group
    EU
    OEI
    Source Of Reference:

    Myanmar

    Myanmar
    Regional group
    Asia-Pacific Group
    Political group
    ASEAN
    Issue:
    • Gender equality
    Type:
    Recommendation
    Session:
    21st session, January 2015
    Status:
    Accepted
    Contents:
    Continue the implementation of the Strategic Plan on Equality of Opportunity 2014-2016 to achieve equal opportunity for women and men, in particular to reduce the pay gap.
    Implementation
    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.
  • State Under Review:

    Spain

    Spain
    Regional group
    WEOG
    Political group
    EU
    OEI
    Source Of Reference:

    Slovakia

    Slovakia
    Regional group
    EEG
    Political group
    EU
    Issue:
    • Violence against women / gender-based violence
    • Training for state personnel on sexual rights issues
    Type:
    Recommendation
    Session:
    21st session, January 2015
    Status:
    Accepted
    Contents:
    Ensure the effective training of the judicial bodies in charge of investigating cases of gender-based violence.
    Implementation
    National Report:
    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.

  • State Under Review:

    Spain

    Spain
    Regional group
    WEOG
    Political group
    EU
    OEI
    Source Of Reference:

    Czechia

    Czechia
    Regional group
    EEG
    Political group
    EU
    Issue:
    • Training for state personnel on sexual rights issues
    Type:
    Recommendation
    Session:
    8th session, May 2010
    Status:
    Accepted
    Contents:
    Adopt further measures to provide members of the police, prison and judicial staff with human rights training with specifically focused on protection of human rights of women, children, ethnic or national minorities, and also of persons of minority sexual orientation or gender identity
    Implementation
    National Report:
    Para 21) ... In order to achieve the objectives set out in the National Strategy, improvements have been made to the training provided to State security forces and law enforcement agencies and to the methods used to evaluate public policies ...

    Para 23) ... 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 ...
  • State Under Review:

    Spain

    Spain
    Regional group
    WEOG
    Political group
    EU
    OEI
    Source Of Reference:

    Sierra Leone

    Sierra Leone
    Regional group
    Africa Group
    Political group
    AU
    OIC
    Commonwealth
    Issue:
    • Early marriage
    • Harmful practices based on cultural / traditional values
    Type:
    Recommendation
    Session:
    21st session, January 2015
    Status:
    Accepted
    Contents:
    Ensure the minimum age of marriage for children disallows early marriage.
    Implementation
    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.
  • State Under Review:

    Spain

    Spain
    Regional group
    WEOG
    Political group
    EU
    OEI
    Source Of Reference:

    UN Compilation

    Issue:
    • Marginalized groups of women
    • Women's and / or girls' rights
    • Women's participation
    Type:
    Review Documentation
    Session:
    21st session, January 2015
    Status:
    Neglected
    Contents:
    CRPD recommended the development of policies and programmes on education, employment, health and social protection to promote the autonomy and full participation of women and girls with disabilities in society. [Para 66]
  • State Under Review:

    Spain

    Spain
    Regional group
    WEOG
    Political group
    EU
    OEI
    Source Of Reference:

    National Report

    Issue:
    • Sexual exploitation / slavery
    • Trafficking in women and / or girls
    Type:
    Review Documentation
    Session:
    21st session, January 2015
    Status:
    N/A
    Contents:
    Generally speaking, police action is guided by the Protocol for the Protection of Victims of Trafficking and the Framework Protocol for the Protection of Victims of Human Trafficking. The Police Action Plan to Combat Human Trafficking for Purposes of Sexual Exploitation was submitted in April 2013. The Civil Guard has also included efforts to combat trafficking as one of the main objectives in its Strategic Plan 2013-2016. In order to increase access to the National Police Force, the e-mail address [email protected] has been created, and a section entitled "public participation" has been added to the Civil Guard's official website. The role played by the Intelligence Centre against Organized Crime, which also manages the BDTrata database, should likewise be noted. [Para 27]
  • State Under Review:

    Spain

    Spain
    Regional group
    WEOG
    Political group
    EU
    OEI
    Source Of Reference:

    Outcome Report

    Issue:
    • Sexually transmitted infections
    Type:
    Comment
    Session:
    8th session, May 2010
    Status:
    N/A
    Contents:
    Sexual education with a focus on reproductive rights be guaranteed throughout the territory.
  • State Under Review:

    Spain

    Spain
    Regional group
    WEOG
    Political group
    EU
    OEI
    Source Of Reference:

    National Report

    Issue:
    • Marginalized groups of women
    • Women's and / or girls' rights
    Type:
    Review Documentation
    Session:
    8th session, May 2010
    Status:
    N/A
    Contents:
    "Total funding over the above-mentioned five-year period[2004-2008]
    amounted to €18,640,928.82. Priority is given to the following programmes: … literacy and social skills programmes for Gypsy women; and prevention and health education programmes for Gypsy women. [Para 33]"
  • State Under Review:

    Spain

    Spain
    Regional group
    WEOG
    Political group
    EU
    OEI
    Source Of Reference:

    UN Compilation

    Issue:
    • Violence against women / gender-based violence
    • Domestic violence
    Type:
    Review Documentation
    Session:
    8th session, May 2010
    Status:
    Reference Addressed
    Contents:
    "CAT remained concerned at reports of an unacceptable number of acts of violence
    against women, including domestic violence, which sometimes result in murder. It was of
    the view that the extent of this problem in the State calls for a response that goes beyond
    legislative provisions and action plans and requires a comprehensive effort to change the
    perception of women in society and dispel associated stereotypes. CEDAW remained
    concerned about the prevalence of violence against women; it noted with concern that the
    number of reported murders of women by current and former spouses or partners has not
    declined significantly and that the severity of violence committed against women has
    actually increased. [Para 27]"
  • State Under Review:

    Spain

    Spain
    Regional group
    WEOG
    Political group
    EU
    OEI
    Source Of Reference:

    Portugal

    Portugal
    Regional group
    WEOG
    Political group
    EU
    OEI
    Issue:
    • Gender equality
    Type:
    Recommendation
    Session:
    8th session, May 2010
    Status:
    Accepted
    Contents:
    Intensify media campaigns to strengthen efforts aimed at eliminating stereotyped images of men and women in the family and society.
    Implementation
    National Report:
    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.

    UN Compilation:
    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 49) JS4 pointed out that, notwithstanding the Law on Gender Equality, most management posts were still occupied by men.
  • State Under Review:

    Spain

    Spain
    Regional group
    WEOG
    Political group
    EU
    OEI
    Source Of Reference:

    National Report

    Issue:
    • Intersex persons' rights
    • Discrimination based on sexual orientation
    • Discrimination based on gender identity
    • Rights of same-sex desiring persons
    • Transgender persons' rights
    • Violence on the basis of sexual orientation
    • Violence on the basis of gender identity
    Type:
    Review Documentation
    Session:
    35th Session, February 2020
    Status:
    N/A
    Contents:
    Spain supports multilateral initiatives to combat discrimination based on sexual orientation and gender identity and continues to promote the human rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) persons. Spain co-sponsored the resolution renewing the mandate of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity. It also participates actively in the Equal Rights Coalition, the LGBT Core Group of the United Nations and the European network of governmental LGBTI focal points. [Para 156]
  • State Under Review:

    Spain

    Spain
    Regional group
    WEOG
    Political group
    EU
    OEI
    Source Of Reference:

    France

    France
    Regional group
    WEOG
    Political group
    EU
    OIF
    Issue:
    • Violence against women / gender-based violence
    • Training for state personnel on sexual rights issues
    Type:
    Recommendation
    Session:
    35th Session, February 2020
    Status:
    Accepted
    Contents:
    Pursue efforts to combat violence against women by providing adequate training to judicial bodies responsible for processing and investigating cases in this area and by ensuring full assistance to victims of violence as well as their families.
  • State Under Review:

    Spain

    Spain
    Regional group
    WEOG
    Political group
    EU
    OEI
    Source Of Reference:

    Czechia

    Czechia
    Regional group
    EEG
    Political group
    EU
    Issue:
    • Sexual violence
    Type:
    Recommendation
    Session:
    35th Session, February 2020
    Status:
    Accepted
    Contents:
    Establish specialized centres to assist all survivors of sexual violence.
  • State Under Review:

    Spain

    Spain
    Regional group
    WEOG
    Political group
    EU
    OEI
    Source Of Reference:

    Bosnia & Herzegovina

    Bosnia & Herzegovina
    Regional group
    EEG
    Issue:
    • Women's participation
    Type:
    Recommendation
    Session:
    35th Session, February 2020
    Status:
    Accepted
    Contents:
    Continue to raise the percentage of women in Government.
  • State Under Review:

    Spain

    Spain
    Regional group
    WEOG
    Political group
    EU
    OEI
    Source Of Reference:

    Burkina Faso

    Burkina Faso
    Regional group
    Africa Group
    Political group
    AU
    OIC
    OIF
    Issue:
    • Early marriage
    Type:
    Recommendation
    Session:
    35th Session, February 2020
    Status:
    Unclear Response
    Contents:
    Raise the minimum age of marriage to 18 years for both men and women.
    Explanation
    Noted. La reforma de la Ley de Jurisdicción Voluntaria en 2015 aumentó de 14 a 16 años la edad mínima para casarse en España. Por tanto, los niños en España podrán contraer matrimonio si han cumplido ya los 16 años y están emancipados, aspecto que se declara por concesión de los que ostenten la patria potestad o por concesión judicial, pero siempre a partir de esta edad. Actualmente, no está prevista ninguna reforma legislativa tendente a aumentar la edad mínima para de 18 años en España (0,03%) y la tipificación del delito de matrimonio forz contraer matrimonio a los 18 años, dado el escaso porcentaje de matrimonios celebrados entre menores ado en el Código Penal.
  • State Under Review:

    Spain

    Spain
    Regional group
    WEOG
    Political group
    EU
    OEI
    Source Of Reference:

    Austria

    Austria
    Regional group
    WEOG
    Political group
    EU
    Issue:
    • Violence against women / gender-based violence
    Type:
    Recommendation
    Session:
    8th session, May 2010
    Status:
    Accepted
    Contents:
    Ensure that all victims of gender-based violence have effective access to appropriate resources, including legal assistance and protection measures.
    Implementation
    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.

  • State Under Review:

    Spain

    Spain
    Regional group
    WEOG
    Political group
    EU
    OEI
    Source Of Reference:

    Stakeholder Summary

    Issue:
    • Women's and / or girls' rights
    • Empowerment of women
    Type:
    Review Documentation
    Session:
    35th Session, February 2020
    Status:
    Not Followed up with a Recommendation
    Contents:
    Consell Nacional de Dones de Catalunya (CNDC) recommended that Spain should invest in an integrated public infrastructure that serves as a platform for the empowerment of women and that it should consider establishing a special ombudsperson’s office for women. [Para 70]