Committee on the Rights of the Child

Seventy-seventh session

15 January–2 February 2018

Item 4 of the provisional agenda

Consideration of reports of States parties

List of issues in relation to the combined fifth and sixth periodic reports of Spain

Addendum

Replies of Spain to the list of issues *

[Date received: 20 October 2017]

Part I

Replies to the issues raised in paragraph 1

1.The new national legislative framework (Organic Act No. 8/2015 of 22 July and Act No. 26/2015 of 28 July, which both amend the system for the protection of children and adolescents) serves as the benchmark for the Autonomous Communities, the majority of which are now taking steps to update their legislation on children. The uniform application of laws and regulations is therefore ensured through the enactment of basic State legislation by the Autonomous Communities, which participate in coordinating bodies such as the interregional commissions, in the Childhood Observatory and its working groups, and in courses and seminars.

2.On 11 July 2017, in response to the Committee’s recommendations on the need to adopt a comprehensive law on violence against children and adolescents and the need for the authorities to take uniform action to defend the right to life and the physical and moral integrity of minors, all the parliamentary groups belonging to the Congress of Deputies jointly submitted a non-binding resolution concerning the promotion of a comprehensive law on the protection of children against violence. The resolution was welcomed by the Directorate General for Children’s and Family Services, which reports to the Ministry of Health, Social Services and Equality. Work is currently under way on the first draft of the bill, with a view to its submission to Parliament in 2018. Representatives of Save the Children and the Comillas Pontifical University have drawn up a background document. In addition to the above-mentioned bodies, a working group made up of experts in the field was set up within the Directorate General for Children’s and Family Services on 16 October. At a plenary meeting held on 21 July 2017, the Childhood Observatory set up a working group to examine and discuss proposals for the bill.

3.On 28 September 2016, the first committee on the rights of children and adolescents was established within the Congress of Deputies. On 25 January 2017, children and adolescents representing the local councils celebrated a historic day in the Congress when they submitted their proposals to parliamentarians and called for the creation of a national council for participation so that a dialogue could be established between the Congress committee and children and adolescents. The parliamentarians will follow up on this initiative on a regular basis.

Replies to the issues raised in paragraph 2

4.The main forum for inter-administrative cooperation between central Government, in the form of the Ministry of Health, Social Services and Equality, and the Autonomous Communities, is the Joint Commission on Children and Families of the Autonomous Communities. This Commission is chaired by the Ministry and composed of the heads of the central administration Subdirectorates General responsible for the protection of children and the family, two representatives of the Ministry of Foreign Affairs and Cooperation having responsibility for consular affairs and relations with other countries in the area of child protection and international adoption in particular, a representative of the Autonomous Communities with the rank of Director General responsible for child protection, and other experts from the various administrations or persons with special skills or knowledge of the areas concerned. Their mandate is to exchange information, examine issues to be raised and put forward proposals in the area of child protection, intercountry adoption and protection of the family with a view to ensuring that action to implement these sectoral policies is coordinated. The Commission meets at least every six months, or as often as necessary.

5.Other mechanisms whereby the Ministry of Foreign Affairs and Cooperation and the Autonomous Communities cooperate and collaborate with each other in the area of social policy are the Executive Committee of the Regional Council for Social Services and Dependency Care and the Childhood Observatories Commission.

6.The Childhood Observatories Commission was established by a decision of the plenary session of the Childhood Observatory in 2014 to promote collaboration between the State Childhood Observatory and the childhood observatories in the Autonomous Communities and the regions. In October 2015, the Commission met for the first time to share ideas about the nature and functioning of the work carried out by each body. On 13 November 2015, the plenary session of the Childhood Observatory approved the goals, functions and organizational and operational rules required for the establishment of common standards for all childhood observatories, thereby ensuring that their work was streamlined and consistent. In addition to the bilateral cooperation that has taken place between the different observatories since then, the Secretariat of the State Observatory proposed a number of subjects of interest in 2017, citing as a priority the Committee’s general comment No. 19 on public budgeting for the realization of children’s rights as an area worth exploring and developing. At the plenary session of the Childhood Observatory held on 21 July 2017, it was agreed to strengthen cooperation among the observatories belonging to the Childhood Observatories Commission, which had acquired new members representing a number of Autonomous Communities.

7.The Second National Strategic Plan for Children and Young Persons for 2013–2016 addressed the need for mechanisms to monitor and assess the actions taken while the Plan is in force. The final evaluation report on the Plan was approved by the plenary session of the Childhood Observatory on 21 July 2017 and is published on the Observatory’s website. It contains information relating to indicators on children in Spain and provides an overview of how those indicators evolved when the Plan was in force. The overall results indicate that there was a high level of implementation of the various measures: of the 236 measures and submeasures set out in the Plan, 178, or 75.4 per cent of the total, were fully implemented. The goal with the highest level of implementation was “Prevention and rehabilitation in situations of social conflict”, followed by “Child participation and appropriate settings” and “Raising awareness of children’s situation”.

Replies to the issues raised in paragraph 3

8.The budgets of the various public administrations do not provide for a system that can identify the specific amount spent on children. However, as stated in the combined fifth and sixth periodic reports of Spain, one of the major innovations introduced by Act No. 26/2015 is the requirement to measure the impact of all draft legislation on children and adolescents. Analytical memorandums on the impact of legislation also include details of the economic impact that will be caused by the legislation to be adopted, which helps to safeguard economic resources earmarked for children, especially in times of crisis.

9.Owing to the way that State institutions are set up and powers distributed between the central government authorities, the Autonomous Communities are the authorities that devote the most financial resources to policies for children in areas such as education, health and social welfare.

10.In accordance with the State Budget Act No. 3/2017 of 27 June, the budgetary allocations for the development of public policy on children and the family have increased by 1.6 per cent in relation to the previous financial year.

11.The Committee’s general comment No. 19 was distributed to stakeholders directly involved in the promotion and defence of the rights of children and adolescents and, through them, because of the subject matter concerned, to the persons responsible for planning and developing public budgets. This gave a significant boost to the launch of methodological projects enabling the budget lines of the various public administrations to be identified in a standardized manner. One such project is a proposal on the scientific measurement of budgetary expenditure on children that is being developed by King Juan Carlos University together with the United Nations Children’s Fund (UNICEF) Spain. The proposal is expected to be completed in October 2017.

Replies to the issues raised in paragraph 4

12.The National Statistics Institute is a full member of the Children’s Observatory. Working in collaboration with other bodies, it plays an essential role in obtaining and processing data on children and adolescents.

13.In the interests of providing up-to-date statistics and data on children, and collecting national data for the preparation of the reports required by the United Nations, the European Union and other national and international bodies, the Government has, for over two decades, been producing statistical series on measures to protect children and measures imposed on juvenile offenders, in cooperation with the Autonomous Communities. Since 2005, the data contained in the Statistical Bulletin on Measures for Child Protection have been recorded by the National Statistics Institute as a statistical operation under the National Statistics Plan. In recent years, the Institute has taken steps to increase the number of statistics and surveys producing disaggregated data on persons aged up to 18 years. One such survey is the Survey of Living Conditions.

14.In accordance with paragraph 18 of the Committee’s concluding observations on the third and fourth periodic reports of Spain, the Second National Strategic Plan for Children and Young Persons for 2013–2016 included an extensive section containing indicators of the situation of children in Spain. These indicators were considered in the midterm and final assessments and, to the extent possible, were disaggregated by variables such as age, sex and disability.

15.The implementation of article 22 of Act No. 26/2015 has also made it possible for the variable of disability to be included in child protection statistics and in the unified child abuse register.

16.Collecting personal data on minors under 14 years of age requires the consent of parents or guardians. Children over that age can consent to their data being collected, except where the law requires them to be assisted by their parents or guardians.

17.The Children’s Observatory, the Ministry of Health, Social Services and Equality and UNICEF Spain have established an agreement, under the framework convention on cooperation between them, for the development, updating and maintenance of an online information system on child welfare and development, called Childhood in Data (www.infanciaendatos.es).

Replies to the issues raised in paragraph 5

18.The offices of the Ombudsman for Children in the Community of Madrid have been closed in order to optimize public resources at a time of crisis. However, their closure does not mean that children have been left unprotected, as the national Ombudsman also has the authority to take action in this area. Moreover, in the case of Madrid, some of the responsibilities of the Ombudsman for Children in the Community of Madrid and of specialists in child protection, who are career civil servants belonging to specialized units of the Ombudsman for Children, have been transferred to the Regional Ministry for Family and Social Policies of the Autonomous Community of Madrid. Children’s Ombudsman offices continue to operate in other Autonomous Communities, such as Andalusia, where the offices are attached to the Ombudsman for that Community. In the Community of Valencia, the Ombudsman has an assistant with specific responsibility for matters related to children and, in June 2016, a children’s observatory made up of over 20 bodies involved in the protection of children’s rights was established. It is worth noting that the combined fifth and sixth reports of Spain to the Committee have been supplemented by reports from institutions such as the Síndic de Greuges (Ombudsman of Catalonia) and the Ararteko (Ombudsman of the Basque Country).

19.To strengthen the Ombudsman’s capacity to protect children at the State level, one of the Ombudsman’s deputies has been made permanently responsible for matters pertaining to children. The Office of the Second Deputy Ombudsman is thus the coordinating office for children’s affairs. For two years now, the Ombudsman’s Office has included a supplement on children in its annual reports. The Ombudsman’s website also contains a specific section devoted to children’s affairs and a specific portal for education.

Replies to the issues raised in paragraph 6

20.A training and awareness-raising project for the prevention and detection of racism, xenophobia and related intolerance in the classroom was in place between 2014 and 2017. In addition, a support manual for the prevention and detection of racism, xenophobia and other forms of intolerance in schools has been drawn up and published. The Ministry of Health, Social Services and Equality, through grants allocated to non-governmental organizations (NGOs), provides over €7 million every year to fund programmes implemented by social organizations for the benefit of the Roma community. Such programmes include the “Intercultural Harmony from the Cradle” programme, run by the National Roma Presence Association, through which funding is granted to the Can Ta Chimutrí nursery school to enable it to provide quality intercultural education for disadvantaged children, including a significant number of Roma and immigrant children and adolescents. Since 2013, the “No Hate” campaign against intolerance has been run to raise awareness of incitement to hatred, discrimination and persecution aimed at certain groups on social networks.

Replies to the issues raised in paragraph 7

21.One of the main aims of the Second National Strategic Plan for Children and Young Persons for 2013–2016 was to reduce rates of violence against children and many of the measures contained in strategic objective No. 4 of the Plan, which addresses the social protection and inclusion of children and adolescents, were directed to this end. The final assessment of the Plan indicates that 76.92 per cent of the measures and submeasures under this objective, which was one of the widest in scope in the Plan, were implemented in their entirety, in particular through the adoption of Act No. 26/2015 of 28 July, which amended the system for the protection of children and adolescents, the adoption of Organic Act No. 8/2015 of 22 July, the transposition of Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, the creation of a central register of sexual offenders and the legal regulation of protection centres for children with behavioural problems.

22.With regard to the policies implemented, aside from the programmes and services set up by the Autonomous Communities, the Ministry of Health, Social Services and Equality has continued to use subsidies derived from the personal income tax fund to finance NGO programmes aimed at preventing child abuse and providing comprehensive care for victims. In 2016, a total of €1,417,172 of such funds was allocated, 4.36 per cent more than in 2015. The hotline for children and adolescents, which is managed by the Care for Children and Adolescents at Risk Foundation and funded by the Ministry of Health, Social Services and Equality through subsidies from the tax fund, received 468,754 calls in 2016, some 27 per cent more than in the previous year.

23.Numerous initiatives have been launched by the Autonomous Communities, including psychological care programmes aimed at women victims of gender-based violence and their children, awareness-raising activities in schools, counselling and therapy for child victims of gender-based violence, social and educational care for child victims in the digital network environment and intervention to support children who are at risk and exposed to gender-based violence.

24.In the area of education, a strategic plan for harmony in schools has been developed, which involves meetings of the State Monitoring Centre for Harmony in Schools. In addition, a framework collaboration agreement has been reached between the Ministry of Education, Culture and Sport and the Spanish Data Protection Agency to educate children and raise their awareness of data privacy and protection, particularly on the Internet. Since 1 November 2016, a hotline has been available so that cases of ill-treatment and harassment in educational establishments can be reported.

Replies to the issues raised in paragraph 8

25.In 2017, a programme for the protection of the family and action against child poverty was established pursuant to Act No. 3/2017 of 27 June on the General State Budget for 2017. The programme has a budget of €100 million to be allocated to projects for supporting families, children and adolescents living in poverty and for the provision of basic social services.

26.In order to combat child poverty, the Ministry of Health, Social Services and Equality has been allocated funds from the General State Budget for social service projects that provide social and economic protection for families, especially those with special needs, under the Comprehensive Family Support Plan 2015–2017, and projects aimed at tackling severe material deprivation or situations in which families with dependent children are at risk of falling into poverty. This allocation was increased from €48 million in 2016 to €60 million in 2017. The projects do not need to be co-funded by the regional administration concerned and the funds are distributed in accordance with the at risk of poverty or social exclusion (AROPE) indicator in each Community or autonomous city.

27.The Autonomous Communities may also approve deductions in personal income tax for personal and family reasons. In particular, they have approved the following deductions that help to protect families with children:

Deductions made on the basis of personal or family circumstances:

Birth or adoption of a child: Catalonia, Galicia, Andalusia, Asturias, La Rioja, Aragon, Castile-La Mancha, the Canary Islands, Extremadura, Valencia, Castile and Leon, and Madrid;

Family-based care for children, older persons or persons with disabilities: Galicia, Asturias, Cantabria, La Rioja, Extremadura, Castile-La Mancha, Valencia and Madrid;

Care for younger and/or older family members: Aragon, Cantabria, La Rioja, Castile-La Mancha, Extremadura, the Balearic Islands, Galicia, the Canary Islands, Murcia, Andalusia, Asturias, Valencia, Madrid and Castile and Leon;

Large families: Castile and Leon, Valencia, Galicia, Asturias, Castile‑La Mancha and the Canary Islands;

Single-parent families: Asturias, Andalusia and Valencia;

Domestic help: Andalusia, La Rioja, and Castile and Leon;

Suspension of employment contracts so that paternity leave may be taken or public assistance for the protection of maternity/paternity rights: Castile and Leon, and Valencia;

Spouses who perform unpaid work in the home: Valencia;

Medical expenses and/or expenditure on personal health insurance: Cantabria;

Studies and textbooks: Catalonia, the Balearic Islands, the Canary Islands, Extremadura, Aragon, Castile-La Mancha, Asturias, Murcia, Madrid and Valencia.

28.The National Plan for Social Inclusion 2013–2016, under which the reduction of child poverty was established as a cross-cutting goal, was the framework document for social policy in Spain. Now that that Plan is no longer in force, the Government of Spain is developing the 2017–2020 national strategy to prevent and combat poverty. The main action lines of the strategy will include addressing child poverty in accordance with the principles set out in the European Commission recommendation “Investing in children: breaking the cycle of disadvantage”.

Replies to the issues raised in paragraph 9

29.The action plan for the national strategy on disability for 2014–2020, which is based on the principle of equality of opportunity, takes due account of the fact that children with disabilities constitute a group that is at particular risk of falling into situations of exclusion, violence and poverty. One of its guiding principles explicitly refers to the need to respect the personal development of persons with disabilities, in particular children with disabilities, and their right to preserve their identities. Its strategic objectives in the area of education include reducing the school dropout rate and increasing the number of persons with disabilities who have university degrees. To that end, its operational objectives include supporting educational institutions in their efforts to become more inclusive. The plan includes measures aimed at:

Analysing the situation of women and children with disabilities in order to develop a special plan against multiple discrimination in the areas of gender policy and childhood;

Promoting policies and programmes that uphold the right of children with disabilities to express their own views;

Promoting the early assessment of the special educational needs of children with disabilities and adapting educational programmes and teaching methods;

Facilitating the participation of the parents of children with disabilities in the development of educational programmes for their children;

Promoting stronger psychological, educational and vocational guidance, primarily in the transition from one stage of education to another;

Ensuring that pupils with disabilities are provided with human and technological resources, access to information and communication, and mobility and other aids that they may require at all stages of their education, including non-compulsory stages;

Increasing the supply of accessible information and communications technology resources for children and older persons with disabilities.

30.Personal income tax resources set aside for persons with disabilities have been used to fund inclusion programmes that promote measures for the comprehensive care of children and adolescents with disabilities. These activities focus on the following:

Raising the awareness, participation, involvement, self-esteem, empowerment and personal growth of children, young people and adolescents with cochlear implants, providing them with the tools that they need to strengthen their personal development and ability to participate;

Supporting, addressing and responding to the needs of children with intellectual and developmental disabilities in situations of vulnerability and/or at risk of social exclusion;

Supporting children under the age of 6 years and their environments — families and schools — through a comprehensive, all-encompassing treatment service that addresses needs associated with congenital cerebral palsy and/or related pathologies in the first years of life by striving to exert some influence on the factors that affect children’s psychological and social development in order to reduce the overall developmental impact of impairments on children with disability;

Providing emotional support, information and guidance for families as well as guidance on the specific care required to enable children with congenital cri du chat syndrome to develop their abilities to the maximum. Integration into the family is considered an essential step that must be taken prior to the social integration of the person with the disability;

Providing resources to tackle isolation and loneliness among children and adolescents with disabilities, working with their families to address their needs, training and preparing them for more favourable situations;

Early learning activities for children exhibiting immature behaviour;

Providing different kinds of support and guidance for young people with kidney disease to enable them to deal with problems associated with the disease that affect different aspects of their lives and facilitating their participation in cultural, sporting and educational activities alongside persons with and without disabilities.

Replies to the issues raised in paragraph 10

31.The most up-to-date information on the general health of children and adolescents can be found in the case report on children’s mental health and quality of life, published by the Ministry of Health, Social Services and Equality in 2014.

32.(http://www.msssi.gob.es/estadestudios/estadisticas/encuestanacional/ encuestanac2011/informesmonograficos/sm_cvrs_infantil_ense2011_12_ monografico2.pdf).

33.Responsibility for promotion, prevention, care, rehabilitation and reintegration in the area of mental health has been devolved to the governments of the Autonomous Communities. Although there is no specific national mental health plan for children and adolescents, three Autonomous Communities have established such plans and all the other Communities have adapted their services to serve the particular needs of this community and are running specific programmes on various pathologies — including depression, first psychotic episodes, attention deficit and hyperactivity disorder, autism spectrum disorders — and programmes designed to provide early care, address psychosocial risk, undertake activities in schools or marginal areas and educate parents. In two Autonomous Communities, programmes are in place to facilitate the transition into adulthood for persons receiving treatment at centres for children and young persons with mental health problems.

34.An assessment of the 2009–2016 National Drug Strategy revealed the following information about substance abuse among adolescents:

There has been a slight increase in the age at which drug use starts. The significance of some environmental risk factors has decreased: drug use is considered less normal and the perception is that drugs other than cannabis are less widely available than previously.

The significance of some risk factors associated with consumption and the preventive role played by parents has decreased: minors return home earlier in the evening and the money available to them is more in keeping with their age and actual needs.

However, the consumption of cannabis is seen as normal and the drug is considered to be highly accessible, particularly by adolescents.

Adolescents have little difficulty acquiring alcohol and do so in facilities that they frequent every day.

The 2017–2024 national strategy on addiction, which is currently being drafted, will therefore make the following recommendations:

Maintain the goal of increasing the age at which drug use begins;

Raise adults’ awareness of alcohol consumption by children and limit children’s access to alcohol;

Take steps to tackle the normalization of cannabis use;

Involve adults in efforts to prevent drug use.

Replies to the issues raised in paragraph 11

35.There are currently no plans to change the Spanish education system.

36.With regard to the provision of education for children aged up to 3 years, the Spanish education system, which is governed by Organic Act No. 2/2006 of 3 May on Education, amended by Organic Act No. 8/2013 of 9 December 2013 on Improving the Quality of Education, considers preschool education to be a stage in itself that addresses the needs of children from birth to the age of 6 years. It is voluntary and its purpose is to contribute to the physical, emotional, social and intellectual development of children. In recent years, public administrations have promoted a progressive increase in the availability of places for children in the first cycle (up to 3 years of age) through the Educa3 Plan. The Government is currently preparing the launch of the Concilia3 Plan for the first cycle of preschool education with the aim of increasing the number of nursery places to ensure that education is universally available at this stage.

Replies to the issues raised in paragraph 12

37.Spain is not currently implementing any legislative reforms that would alter the asylum regulations or the processing of asylum applications for children. However, through the Ministry of the Interior, the Government is actively participating in negotiations on the reform of the common European asylum system. That system is being revised in response to the refugee crisis triggered by the conflict in the Syrian Arab Republic, which has affected Europe since 2015. As the common European asylum system forms the basis of Act No. 12/2009 of 30 October, which regulates the right to asylum and to subsidiary protection, the reform of that system has given rise to a period of reflection on the Spanish asylum system.

38.In view of the fact that children are often among the most vulnerable victims of violent situations and contexts in which human rights violations occur, the Office for Asylum and Refugees is taking steps to investigate and resolve cases involving children, in an effort to deal with them appropriately. To that end, the Office observes training and confidentiality guidelines that enable public sector workers to deal appropriately with requests for asylum for minors subjected to violence in different contexts. In accordance with training and confidentiality guidelines, public sector workers apply a gender perspective when dealing with requests for asylum for women and girls who suffer, or have suffered, violence in a variety of contexts.

39.In accordance with the 2014 Framework Protocol on Procedures Applying to the Treatment of Unaccompanied Minors, when the minority of a foreign child is beyond doubt, the child’s fingerprints are taken and checks are carried out so that he or she can be entered on the register of unaccompanied minors, if not already on it. In all cases, the child is immediately handed over to the local child protection authority and details of his or her location and registration status are transmitted to the Public Prosecution Service. Unaccompanied foreign minors who have sufficient judgment are authoritatively informed by police officers or, in their absence, by the staff of the child protection authority responsible for them, in a language that they can be expected to understand, of the rights of potential victims of trafficking in persons and the regulations governing the protection of minors. This action is recorded in writing. Whenever there are signs that a minor might be a victim of the offence of trafficking in persons, the authorities proceed in accordance with the framework protocol on the operations of the State security forces in the fight against trafficking in persons and collaborate with organizations and bodies that have demonstrable experience in supporting victims. Once the minority of a child has been determined, and he or she has been placed in the care of the child protection authorities of the Autonomous Community concerned, the bodies responsible for carrying out the procedures relating to the repatriation of the unaccompanied foreign minor are the Government Delegation and Subdelegation in the area where the child resides, which will always act in his or her best interests and in accordance with the above-mentioned guiding principles. If those best interests are not identified, the child will not be returned to his or her country of origin. In the light of the above, it follows that Spanish legislation does not permit the return of unaccompanied foreign minors who are at risk or in need of protection. All procedures and operations involving minors in need of protection seek to ensure that they are protected in the place where they are located in Spain, where they are placed in the care or custody of the child protection services.

Replies to the issues raised in paragraph 13

40.The fight against the sexual exploitation of children currently involves the following strategic plans and coordination protocols: the National Strategy for the Elimination of Violence against Women 2013–2016, the Framework Protocol for the Protection of Victims of Trafficking of Human Beings (2011), the Framework Protocol on Procedures Applying to the Treatment of Unaccompanied Minors (2014), the 2015–2018 Comprehensive Plan to Counter Trafficking in Women and Girls for the Purposes of Sexual Exploitation, the Galicia protocol on institutional activities for the adoption of measures to prevent, investigate and address trafficking in women for the purposes of sexual exploitation, the Catalonia protocol on the protection of victims of trafficking in persons, the Extremadura protocol to counter trafficking in persons for the purposes of sexual exploitation and the Government of Navarre protocol on coordinated action with women and girl victims of trafficking for the purposes of sexual exploitation. The Children’s Observatory of the Ministry of Health, Social Services and Equality is drawing up a framework protocol for the identification and care of child victims of trafficking in persons that includes a common list of signs of such trafficking tailored to the specific circumstances of minors.

41.The Third Action Plan against the Sexual Exploitation of Children and Adolescents, which was implemented from 2010 to 2013, included measures to combat a range of different offences that all involved the sexual abuse of minors in connection with a financial or other kind of exchange. The Plan was discontinued after this latest version. Its most significant outcomes include the large number of actions taken to implement its general aims, amounting to 84 per cent. This reflects well on the extent to which the different bodies were involved in raising awareness of serious cases of sexual exploitation of children and the need to actively combat it.

42.The Ministry of Justice has carried out the following measures under the 2015–2018 Comprehensive Plan to Counter Trafficking in Women and Girls for the Purposes of Sexual Exploitation:

Specific training measures to address the protection of children against trafficking in persons and sexual exploitation, aimed at prosecutors, justice officials and forensic doctors; the dissemination of materials intended to improve the ability of professionals working in different areas, who are likely to come into contact with potential victims, to detect cases of trafficking in women and girls for the purposes of sexual exploitation; training in the content of the Framework Protocol for the Protection of Victims of Trafficking of Human Beings; specific training, delivered by the staff of victims’ assistance offices to key technical and teaching staff working in children’s homes, the social services, the police, the judiciary and the health-care sector, in the detection and referral of child victims of trafficking; the dissemination of, and provision of specific training in, the Framework Protocol on Procedures Applying to the Treatment of Unaccompanied Minors.

The drafting of a forensic protocol for expert action in relation to victims of trafficking.

The development of a coordination tool to enhance collaboration and coordination on trafficking in persons between the Public Prosecutor’s Office and the crime victim support offices, which are attached to the Ministry of Justice.

The development of a catalogue of rights and specialized services available to victims of trafficking, including services that provide care for victims’ children and standardized information for possible victims of trafficking at the moment when they are detected and identified.

Follow-up on the implementation of the measures provided for in the Framework Protocol on Procedures Applying to the Treatment of Unaccompanied Minors in relation to specific issues concerning such minors when they are victims of trafficking.

Follow-up on measures relating to the Register of Unaccompanied Foreign Minors provided for in the Framework Protocol on Procedures Applying to the Treatment of Unaccompanied Minors and follow-up on the measures for inter-agency coordination set out in that Protocol.

The inclusion of a section on the rights and specific resources available to child victims in the catalogue of rights and specialized services for victims of trafficking. Article 23 of Act No. 4/2015 of 27 April on the Status of Victims of Crime sets out the procedure for conducting an individual assessment of victims in order to identify their particular protection needs.

Follow-up on the implementation of existing legislation on the treatment as minors of persons identified as victims of trafficking when their age is in doubt and while it is being determined.

The collection and dissemination of studies and research aimed at undertaking a quantitative and qualitative analysis of trafficking for the purposes of sexual exploitation in Spain. The Ministry of Justice allows access to information held by the Central Register of Convicted Offenders on convictions for crimes of trafficking in persons. In that regard, attention may be drawn to Royal Decree No. 1110/2015 of 11 December 2015, regulating the Central Register of Sex Offenders, which has been in force since 1 March 2016.

Stepping up international cooperation, especially with countries of origin of victims of trafficking in persons. Strengthening international cooperation with the International Criminal Police Organization (INTERPOL), the European Police Office (Europol), the Judicial Cooperation Unit of the European Union (Eurojust) and the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex).

Part II

Replies to the issues raised in paragraph 14

43.The regulations on intercountry adoption, which implement the amendments made to the Intercountry Adoption Act through Act No. 26/2015, are currently being reviewed.

44.A working group has been set up with the aim of drafting a bill on the comprehensive protection of children against violence.

45.The latest legislative, institutional and policy developments carried out by the Autonomous Communities are listed below:

Andalusia: Decree No. 85/2016 of 26 April, which regulates comprehensive intervention in early childhood care in Andalusia.

Aragon: Act No. 5/2016 of 2 June, amending Act No. 12/2001 on Children and Adolescents in Aragon, and Act No. 11/2005, which regulates public entertainment, recreational activities and public institutions in the Autonomous Community of Aragon. In addition, three new bills have been adopted:

The Equal Opportunities for Men and Women Act, which includes specific measures that go beyond the measures provided for in national legislation;

The Gender Identity and Non-discrimination Act, which recognizes the rights of transgender persons, with a particular focus on transgender children and education;

The Basic Social Income Act, under which this form of income is considered to be a basic, subjective civic right specifically intended to end child poverty;

Aragon has also set up the Inequality Observatory, which has the important task of analysing child poverty and inequality. A diagnostic study of child poverty has already been initiated.

Balearic Islands: amendments are being made to Act No. 17/2006 in order to introduce improvements and adapt it to national law. Training courses have been established for young people aged between 14 and 16 years who are enrolled in various educational establishments and participate in the shared schooling system and who have serious difficulty adapting to school life, as manifested in absenteeism or conflict.

Canary Islands: work continues on the adoption of amendments to the Social Services Act, consideration of which is in the final stages, as well as the adaptation of Act No. 1/1997 on the Comprehensive Care of Minors to the amendments introduced by the entry into force of Act No. 8/2015 and Act No. 26/2015 of 28 July, amending the system for the protection of children and the family. The sectoral social services conference, the Canary Islands social services observatory and the social and health-care council are expected to be made operational.

Castile-La Mancha: alignment of the provisions of Act No. 5/2014 of 9 October, on the social and legal protection of children and adolescents in Castile-La Mancha, with the provisions of Act No. 26/2015 of 28 June amending the system for the protection of children and adolescents. Newly implemented programmes include the 2013–2016 strategic plan for family assistance in Castile-La Mancha and the Care Plan to support families with children in difficult situations and to prevent such situations from occurring.

Catalonia: new legislative developments include Act No. 5/2017 of 28 March on fiscal, administrative, financial and public-sector measures and measures to generate and regulate the taxes imposed on large businesses, stays in tourist accommodation, toxic radioactive substances, sugar-sweetened beverages and carbon dioxide emissions, amending, inter alia, the seventh additional provision of Act No. 14/2010 of 27 May on rights and opportunities in childhood and adolescence, and Decree No. 169/2015 of 21 July, which establishes the procedure by which individuals can learn of their biological origins.

Extremadura: Decree No. 181/2016 of 22 November, which regulates the implementation of article 13 (5) of Organic Act No. 1/1996 concerning public sector jobs in the Government of the Autonomous Community of Extremadura and systematizes staffing tables.

Galicia: Decree No. 192/2015 of 29 October, which defines the portfolio of social services available for families, children and adolescents, has been adopted in order to make the best use of existing resources for the care of families and children. This instrument represents a major step forward; it will bring about a change of perspective and alter the way that the provision of social services is perceived, as it will mean that authorization is granted to services rather than to centres. In addition, a pilot programme for the provision of prenatal and perinatal care to families in difficult circumstances was launched in Santiago de Compostela in 2017. The Galician strategy for childhood and adolescence, which prioritizes preventive policies, is awaiting adoption and a draft decree on the establishment and regulation of the Galician observatory for the family and children is under consideration.

La Rioja: recent programmes include the Reset programme for the emotional recovery of child victims of sexual abuse, the Positive Relations programme, which undertakes preventive activities, the “Living Together” programme, which provides training in social skills and the prevention of violent behaviour, the Viral training programme on the proper use of new technologies and the Reunion (Reencuentro) programme for the enforcement of judicial measures in open institutions.

Madrid: Act No. 17/1997 on public entertainment and recreational activities, and Act No. 5/2002 on drug addiction and other addictive disorders, were amended by Act No. 5/2015 of 18 December with a view to promoting the participation of young people in the cultural life of the Community of Madrid. In addition, measures have been taken to promote independent living among minors subject to protective measures who are about to reach the age of majority with the aim of facilitating their transition into adult life outside the residential centres of the Community of Madrid.

Navarre: newly enacted laws that directly concern the lives of children include Regional Act No. 15/2016 of 11 November on Guaranteed Income. The second comprehensive plan on support for the family, children and adolescents of Navarre is currently being drafted and is expected to be published towards the end of 2017.

Basque Country: legislation adopted includes Decree No. 13/2016 of 2 February on comprehensive action on early childcare and Decree No. 152/2017 of 9 May, which updates the procedure for assessing the severity of situations of risk and vulnerability in municipal and regional social services for the care and protection of children and adolescents.

Valencia: on 27 January 2017, the last set of general regulations of the Council for Equality and Inclusive Policies was adopted, leading to the establishment of a service for the promotion of the rights of children and adolescents within the Directorate General for Childhood and Adolescence. The Community of Valencia is currently drafting a new law on children and adolescents in Valencia.

Part III

Replies to the issues raised in paragraph 15

46.The total budget allocated by central Government to the areas of family protection and action on child poverty covers those programmes that are entitled to funding, such as the family support services listed in the catalogue of social services, including social and family assistance and guidance, family mediation, family meeting points and social and educational care for children. It is distributed among Autonomous Communities and cities in accordance with a number of criteria such as population size, population dispersion and the poverty and social exclusion indicator used by the European Union to measure the achievement of targets in the areas of poverty reduction and social exclusion. This indicator, which is made up of indicators relating to relative poverty, severe material deprivation and low work intensity per household, was further updated in 2017. It does not require any co-funding commitment by the Autonomous Communities and cities.

47.In 2016, this budget was used to fund around 270 projects, reaching around 96,200 families and 260,000 persons in all the Autonomous Communities and cities. These figures are higher than those for 2015, when a total of 199 projects were funded, benefiting 84,600 families and 220,000 people. The availability of data on the beneficiaries’ ages, provided by the Autonomous Communities and cities, is uneven.

48.Of the projects funded, 65.1 per cent addressed the basic needs of vulnerable families, 12.34 per cent went on supporting the work-life balance and the remaining 22.55 per cent were for family assistance and support services.

49.Independently of this budget, the Autonomous Communities and local authorities, as administrations responsible for the provision of social assistance to families, use their budgets to maintain their own networks of specialized family support services. However, no detailed information is available on the budgets allocated for that purpose in the Autonomous Communities and municipalities.

Replies to the issues raised in paragraph 16

Data and statistics on child victims of abuse and violence

Consolidated Child Abuse Register. 2015. Notification by age group, sex and severity
Age group, years	Total	Sex	Severity
Female	Male	Severe	Minor –moderate
No.	Rate*	No.	Rate*	No.	Rate*	No.	Rate*	No.	Rate*
0 – 3	2 324	27.9	1 113	13.4	1 211	14.5	1 299	15.6	1 025	12.3
4 – 6	1 810	21.7	869	10.4	941	11.3	808	9.7	1 002	12.0
7 – 10	2 664	32.0	1 170	14.0	1 494	17.9	1 150	13.8	1 514	18.2
11 – 14	3 760	45.1	1 735	20.8	2 025	24.3	1 423	17.1	2 337	28.0
15 – 17	3 260	39.1	1 384	16.6	1 876	22.5	1 050	12.6	2 210	26.5
Total	13 818	165.8	6 271	75.2	7 547	90.5	5 730	68.7	8 088	97.0

* Per 100,000 persons under the age of 18 years.

Source: Statistical Bulletin on Measures for Child Protection, No. 18. Ministry of Health, Social Services and Equality.

Consolidated Child Abuse Register. 2015. Types of abuse by sex and severity
Types of abuse	Total	Sex	Severity
Female	Male	Serious	Minor– moderate
No.	Rate*	No.	Rate*	No.	Rate*	No.	Rate*	No.	Rate*
Sexual a ssault	687	8.2	463	5.6	224	2.7	453	5.4	234	2.8
Emotional abuse	4 439	53.2	2 082	25.0	2 357	28.3	1 825	21.9	2 614	31.4
Physical abuse	3 297	39.5	1 662	19.9	1 635	19.6	1 656	19.9	1 641	19.7
Neglect	8 726	104.7	3 730	44.7	4 996	59.9	3 343	40.1	5 383	64.6
Total	17 149	205.7	7 937	95.2	9 212	110.5	7 277	87.3	9 872	118.4

* Per 100,000 persons under the age of 18 years.

Source: Statistical Bulletin on Measures for Child Protection, No. 18. Ministry of Health, Social Services and Equality.

Replies to the issues raised in paragraph 17

(a)The percentage of primary and secondary schools that provide compulsory human rights education as part of their curricula

50.All primary and secondary schools in the Spanish education system provide compulsory human rights education. Knowledge of, and respect for, human rights is enshrined in basic legislation as an aim of primary, compulsory secondary and upper (baccalaureate) secondary education and as a cross-cutting theme in all subjects. It forms an explicit part of the curriculum of three subjects that are compulsory for all students: social sciences, in primary education; philosophy, in the first year of the baccalaureate; and Spanish history, in the second year of the baccalaureate. It is also part of the curricula for social and civic values (in primary education) and ethics (in compulsory secondary education), subjects that are alternatives to religious studies but can be studied by all pupils. Moreover, the education authorities of the Autonomous Communities are fully entitled to offer optional subjects through which human rights can be studied by pupils in their regions.

(b)The number of children and families with children living in shanty towns or other marginalized settlements

51.There is no national register of children, or families with children, who live in shanty towns or marginalized settlements. Responsibility for checking that living conditions meet the required standards lies with the local authorities, who provide municipal social services. When a family with children is found to be living in substandard housing, protection mechanisms are activated at the municipal level and, if necessary, the most appropriate alternative accommodation is sought. Protective measures are taken only in exceptional circumstances and only when other vulnerability indicators converge.

(c)The number of children whose cases have been transferred and who have left the criminal justice system

52.The wording of the question suggests that it refers to cases removed from the purview of the courts, that is, to criminal cases in which a minor is neither brought to trial nor sentenced to a judicial measure, but alternative measures are found.

53.The Spanish juvenile justice system is characterized by its extensive use of non-judicial procedures, which were widely used even before the entry into force of Organic Act No. 5/2000 of 12 January on the Criminal Responsibility of Minors.

54.The Act provides for numerous alternatives to judicial measures in full compliance with the recommendations contained in the international treaties ratified by Spain. These include rule 11 relating to paragraph 14 (1) of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice of 29 November 1985, article 40 (3) of the Convention on the Rights of the Child of 20 November 1989 and Recommendation No. R (87) 20 of the Committee of Ministers of the Council of Europe on social reactions to juvenile delinquency.

55.The decision to adopt such solutions, which are set out in the following articles of the Act, lies with the prosecutor of the juvenile section as the official conducting the proceedings:

Article 18. Withdrawal of charges by the prosecutor, without proceedings being initiated against the minor, on the understanding that the act in question is a petty offence and correction can be applied in the school or home; this provision can be applied only when the offence in question is a minor offence, or an ordinary offence that does not involve violence or intimidation aimed at a person, and the minor does not possess a record of committing similar offences.

Article 19. Extrajudicial solutions: the case is closed because conciliation takes place between the victim and the offender; because the offender makes reparation to the victim or the community; or because the minor undertakes an extrajudicial educational activity. These solutions make it possible for the prosecutor to close the case if the minor accepts responsibility for the acts and satisfactorily carries out one of these three options. The offence in question must be a minor offence or an ordinary offence that does not involve violence or intimidation aimed at a person.

Article 27 (4). Closure of the case at the request of a team of psychosocial experts comprising a teacher, a psychologist and a social worker, who conduct an examination of the offender in every case, if they consider this to be in the minor’s best interests, either because of the time that has passed or because, in the course of the proceedings, the minor is considered to have been sufficiently rebuked for the acts in question. This solution is less frequently applied than the one outlined above. It is also a legal requirement that the offence in question must be a minor offence or an ordinary offence that does not involve violence or intimidation aimed at a person.

56.With regard to statistics, data on the total number of cases closed for these reasons, and the corresponding percentages, are shown in the following graphs:

Dismissal of proceedings under article 18:

Extrajudicial solutions adopted under article 19 and the closure of cases under article 27 (4):

More recent data on the juvenile justice system (2011–2015):

Juvenile justice, national level	2015	2014	2013	2012	2011
No. of preliminary proceedings	Initiated	77 840	81 707	89 756	97 817	102 885
Closed because the minor is under 14 years of age	8 048	7 734	8 226	8 058	10 425
Closed because the proceedings are dismissed (art. 18)	8 918	9 278	9 450	10 238	10 048
Closed for other reasons	36 261	35 001	44 509	49 171
Pending as at 31 December	4 342	4 487	4 621	5 197
Juvenile criminal proceedings	Initiated	26 425	27 472	29 428	29 598	29 614
Extrajudicial solutions	4 745	5 117	4 706	4 794	6 297
Dismissals under article 27 (4)	1 638	1 823	1 981	2 911	2 864
Written submissions under article 30	15 811	17 568	18 765	18 639	20 101
Pending as at 31 December	7 051	6 553	8 031	7 890

Replies to the issues raised in paragraph 18

(a)The number of children separated from their parents

		2011	2012	2013	2014	2015
Legal guardianship	No.	30 057	29 703	29 291	27 626	25 952
Rate*	364.2	356.9	350.7	311.5	311.3
Total no. of guardianships	No.	4 537	4 413	5 033	4 177	4 724
Rate*	55.1	53.0	60. 3	52.4	56. 7
Under consideration/support measure prior to issuance of protective measure	No.	No data available	No data available	7 157	11 064	11 952
Rate*	-	-	85.7	145.4	160.5

Source: Statistical Bulletin on Measures for Child Protection, No. 18. Ministry of Health, Social Services and Equality.

* Per 100,000 persons under the age of 18 years.

(b)The number of children placed in institutions, including those in “therapy centres”

Evolution of residential placements
		2011	2012	2013	2014	2015
Total as at 31 December	No.	14 059	13 703	13 401	13 563	13 596
Rate*	170.8	165.6	160.5	152.9	163.1
Admissions during the year	No.	8 405	8 311	9 361	10 235	11 030
Rate*	102.3	120.3	112.4	115.4	132.3

Source: Statistical Bulletin on Measures for Child Protection, No. 18. Ministry of Health, Social Services and Equality.

* Per 100,000 persons under the age of 18 years.

(c)The number and proportion of children with foster families

		2011	2012	2013	2014	2015
Total as at 31 December	No.	21 446	21 127	21 644	19 119	20 172
Rate*	283.9	279.2	329.0	215.6	242.0
Admissions during the year	No.	3 055	3 707	3 605	4 409	4 217
Rate*	46.9	56.6	54.8	49.7	50.6

Source : Statistical Bulletin on Measures for Child Protection, No. 18. Ministry of Health, Social Services and Equality.

* Per 100,000 persons under the age of 18 years.

(d)The number and proportion of children in residential homes (2015)

	Total as at 31 December	Admissions during the year
No.	Rate*	No.	Rate*
Residential homes	13 596	163.1	11 030	132.3
Foster homes	20 172	242.0	4 217	50.6
Total	33 768	405.1	15 247	182.9

Source: Statistical Bulletin on Measures for Child Protection, No. 18. Ministry of Health, Social Services and Equality.

* Per100,000 persons under the age of 18 years.

(e)The number of children adopted domestically or through intercountry adoptions, including information on countries of origin

Overall data on national adoption. 2015
	No .
New adoption requests	2 872
Assessment of suitability certificates issued	1 304
Suitable families awaiting assignment	2 582
Number of minors eligible	575
Number of adoption orders	553
Number of adopted minors	608
Intercountry adoption. Classification of countries by number of adoptions. 2015.	No.	Rate*	%
China	138	1.7	17.27
Russian Federation	131	1.6	16.40
Ethiopia	123	1.5	15.39
Viet Nam	123	1.5	15.39
Philippines	71	0.9	8.89
Colombia	47	0.6	5.88
Hungary	30	0.4	3.75
India	30	0.4	3.75
Bulgaria	28	0.3	3.50
Poland	17	0.2	2.13
Nicaragua	12	0.1	1.50
Côte d ’ Ivoire	8	0.1	1.00
Madagascar	7	0.1	0.88
Honduras	4	0.0	0.50
Kazakhstan	4	0.0	0.50
Lithuania	4	0.0	0.50
Peru	4	0.0	0.50
Czechia	4	0.0	0.50
El Salvador	3	0.0	0.38
Bolivia (Plurinational State of)	2	0.0	0.25
Ukraine	2	0.0	0.25
Brazil	1	0.0	0.13
Burkina Faso	1	0.0	0.13
Fiji	1	0.0	0.13
Latvia	1	0.0	0.13
Mexico	1	0.0	0.13
Dominican Republic	1	0.0	0.13
Thailand	1	0.0	0.13
Total	799	9.6	100.0

* Per 100,000 persons under the age of 18 years.

Replies to the issues raised in paragraph 19

57.Spanish legislation does not permit the return of unaccompanied foreign minors who are at risk or in need of protection.

Data on the recognition of the right to subsidiary protection by continent, country of origin and age (years)

Country or territory	0 – 13	14 – 17	Total
Africa	37	24	61
Cameroon	0	0	0
Central African Republic	3	0	3
Democratic Republic of the Congo	0	0	0
Côte d ’ Ivoire	2	0	2
Eritrea	1	0	1
Ethiopia	3	0	3
Libya	0	0	0
Nigeria	0	0	0
Somalia	28	24	52
The Americas	1	1	2
Cuba	1	1	2
Asia	1 888	395	2 283
Afghanistan	4	1	5
China	0	0	0
Iran (Islamic Republic of)	0	0	0
Iraq	20	1	21
Lebanon	5	1	6
Pakistan	1	0	1
Sri Lanka	1	0	1
Syrian Arab Republic	1 857	392	2 249
Yemen	0	0	0
Unrecognized States	23	8	31
State of Palestine	23	8	31
Unknown	1	0	1
Unknown	1	0	1
Central and Eastern Europe	16	1	17
Ukraine	16	1	17
Total	1 966	429	2 395

Data on refugee status and the granting of asylum by continent, country of origin and age

Country or territory	0 – 13	14 – 17	Total
Africa	17	3	20
Algeria	3	0	3
Benin	2	0	2
Cameroon	0	0	0
Congo	0	0	0
Eritrea	0	1	1
Gambia	2	0	2
Liberia	0	0	0
Morocco	1	0	1
Nigeria	7	0	7
Somalia	2	2	4
Sudan	0	0	0
America	4	0	4
Bolivia (Plurinational State of)	0	0	0
Colombia	1	0	1
Cuba	0	0	0
El Salvador	0	0	0
Honduras	0	0	0
Mexico	2	0	2
Venezuela (Bolivarian Republic of)	1	0	1
Asia	46	11	57
Afghanistan	3	0	3
Armenia	1	0	1
Bangladesh	0	1	1
China	1	0	1
Iran (Islamic Republic of)	1	0	1
Iraq	4	3	7
Jordan	0	0	0
Kazakhstan	0	0	0
Lebanon	0	0	0
Myanmar	0	0	0
Pakistan	19	5	24
Sri Lanka	0	0	0
Syrian Arab Republic	16	2	18
Yemen	1	0	1
Unrecognized States	7	1	8
State of Palestine	7	1	8
Unrecognized (Sahara)	0	0	0
Unknown	0	0	0
Unknown	0	0	0
Central and Eastern Europe	7	1	8
Bosnia and Herzegovina	1	0	1
Russian Federation	2	0	2
Ukraine	4	1	5
Total	81	16	97

Replies to the issues raised in paragraph 20

58.The most recent data were generated by a survey of disability, personal autonomy and situations of dependency conducted in 2008. A new survey to be carried out in 2018 will provide updated data on persons with disabilities.

59.According to the data from the 2008 survey, there are 102,600 children with disabilities, aged between 6 and 18 years, living in households in Spain. Children up to 5 years of age are classified not as children with disabilities but as children with limitations who, depending on the diagnoses reached and the outcome of assessments, may or may not eventually be classed as having a disability. There are 60,400 such children in Spain.

60.Of the estimated total of 269,139 persons with disabilities who, according to the survey, live in institutions, only 253, or 0.09 per cent, are under the age of 18 years.

61.In the 2014/15 school year, there were 173,797 pupils with special educational needs associated with a disability. Of these, 34,349 (19.8 per cent) followed a special education programme, while 134,448 (80.2 per cent) were enrolled in a mainstream school. Some 2.2 per cent of the total number of pupils in Spain receive support because they have special educational needs. Of that 2.2 per cent, 1.8 per cent are in mainstream schooling while the remaining 0.4 per cent are in special education centres. The most recent available data on educational support may be found at http://www.mecd.gob.es/servicios-al-ciudadano-mecd/estadisticas/educacion/no-universitaria/alumnado/Necesidades-de-apoyo/2015-16.html.

Replies to the issues raised in paragraph 21

62.According to the information contained in the Central Register of Convicted Offenders, the following convictions were handed down between 2014 and 11 October 2017 for the offences in question.

Offence	Investigating body of the Autonomous Community	2014	2015	2016	2017
Prostitution of a minor or a person with disabilities in need of special protection	Andalusia	2	1	7	1
Aragon		1
Asturias	2
Castile-La Mancha	2		1	1
Valencia	12	8	2
Madrid	2	11	2	1
Castile and Leon	1	3	1	2
Canary Islands	16	2	3	2
Catalonia	3		2	4
Extremadura	1	8
Galicia	4	5
Balearic Islands	6		1	1
Basque Country		1	1
Murcia		5		2
Total		51	45	20	14

Offence	Investigating body of the Autonomous Community	2014	2015	2016	2017
Use for pornographic purposes of children/persons with disabilities in need of special protection; profit or enrichment from such activities	Aragon	2	2	8	1
Asturias		1		2
Castile-La Mancha	1			1
Valencia	1	3	2	2
Madrid		3	4
Castile and Leon			1
	Navarre			1	1
	Canary Islands		1	1
	Cantabria				1
	Catalonia	5	7	3	2
	Extremadura		1		1
	Galicia		2	3
	Balearic Islands				1
	Basque Country	3	1	2	1
	Murcia
Total		12	21	25	13

Offence	Investigating body of the Autonomous Community	2014	2015	2016	2017
Production or possession of child pornography	Andalusia	9	10	5	6
Aragon	1	1	3
Asturias	1		1	2
Castile-La Mancha		2	5
Valencia		3	4	2
Madrid	6	7	8	10
Castile and Leon		3	1	2
Navarre	1	2	1	1
Canary Islands		1	4	1
Catalonia	16	16	19	20
Ceuta	1
Extremadura	1		1	2
Galicia	3	3	6	2
Balearic Islands	4		1	2
La Rioja		2		1
Basque Country	9	7	2	2
Murcia	2	1	2	1
Total		54	58	63	54

Offence	Investigating body of the Autonomous Community	2014	2015	2016	2017
Production or distribution of pornography featuring digitally manipulated images or voices of minors	Andalusia	5	3	2	3
Aragon			1
National High Court	1
Castile-La Mancha			1	1
Valencia	4	3	1
Madrid	7	7	10	4
Castile and Leon	1	2	5
Navarre	1			10
Canary Islands			1	1
Catalonia	7	9	6	1
Extremadura	4			1
Galicia	3			2
Balearic Islands		1
Melilla			1
Basque Country				1
Murcia	2
Total		35	25	28	24

Offence	Investigating body of the Autonomous Community	2014	2015	2016	2017
Corruption of minors	Andalusia	32	26	28	22
Aragon	1	7	6	2
Asturias	5	1	6	3
National High Court	1
Castile-La Mancha	2	2	2	3
Valencia	29	27	40	28
Madrid	37	16	19	19
Castile and Leon	8	11	4	2
Navarre	4	4	1	2
Canary Islands	13	18	15	16
Cantabria	5	2	1
Catalonia	23	25	15	20
Ceuta		1
Extremadura	2	2	2	2
Galicia	4	7	1	3
Balearic Islands	11	12	4	9
La Rioja	1			1
Basque Country	3	1	2	3
Murcia	5	3	3	6
Total		186	165	149	141

Offence	Investigating body of the Autonomous Community	2014	2015	2016	2017
Neglect of duties of guardianship of minors involved in prostitution or corruption	Andalusia		1	3
	Madrid				1
	Canary Islands			1
	Catalonia			1
Total		-	1	5	1

Offence	Investigating body of the Autonomous Community	2014	2015	2016	2017
Attending exhibitionist or pornographic performances involving minors	Valencia			1
Total		-	-	1	-

Offence	Investigating body of the Autonomous Community	2014	2015	2016	2017
Use of a child for prostitution	Catalonia				1
Balearic Islands				1
Basque Country			1	1
Total			-	1	3

Replies to the issues raised in paragraph 23

Issues considered to be of priority

Positive parenting: measures related to education, training, volunteering, social inclusion and support for the effective undertaking of parental responsibilities.

Improvement of the system for collecting statistical data at the State, Autonomous Community and local levels.

Establishment of a consensus-based methodological proposal for measuring the proportion of public budgets allocated to children.

Development and implementation of tools for gathering the views of children and adolescents.

Action against sexual violence aimed at children and adolescents, domestic violence and gender-based violence aimed at children, bullying in schools, child marriage, the sale of children, the genital mutilation of girls and adolescents and child trafficking and exploitation.

Need to make training in parenting skills and conflict resolution universally available for all families.

Implementation of outreach programmes on the breakdown of partnerships: “guidelines for a good separation”. The impact of such breakdowns on children’s and adolescents’ emotional health demonstrates the need for prevention.

Formulation of real and effective participation mechanisms for children that will provide them with formal channels through which to convey their concerns to decision-making centres.

Development of indicators for evaluating programmes aimed at children and families.

Immigrant and refugee children.

Good practices in psychosocial and psychoeducational action for families.

Psychosocial assistance for children in need of protection and their biological families in order to ensure that emotional ties are maintained.

Need to form supranational bodies on child protection, made up of States parties to the Convention, through which effective coordination can take place to protect children at risk. In order to address issues related to Ceuta, a partnership should be established with Morocco.

Access to, and control of, new forms of information technology, particularly social media, by children and adolescents.

Application of the assistance and coverage models of the education and health-care sectors and social services to ensure the inclusion in society, and particularly in schools, of children and adolescents who have special needs or who have, or are at risk of acquiring, developmental disorders.

Strengthening of men’s and women’s joint responsibility for the care and education of children.