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 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 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 109) The adoption of legislative measures for the criminalization of procuring in general, as well as the use of sexual services with the knowledge that the person providing them is a victim of trafficking, is currently under study.
Para 110) The Comprehensive Plan to Combat Trafficking in Women and Girls for the Purpose of Sexual Exploitation 2015–2018 reached its end date in December 2018. The fourth assessment of the Plan was published in September 2019. 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. It also includes proposals for legislative amendments in the area of trafficking for a comprehensive law on combating trafficking in persons for the purpose of sexual exploitation.

Stakeholder Summary:
Para 74) … CoE noted that the Lanzarote Convention recommended reviewing and modifying legislation with a view to protecting children against sexual exploitation.
Para 75) JS27 and JS29 regretted the lack of specialized care centres for child and adolescent victims of sexual exploitation …