Sixty-first session

6-24 July 2015

Item 4 of the provisional agenda*

Consideration of reports submitted by States parties under

article 18 of the Convention on the Elimination of All Forms

of Discrimination against Women

List of issues and questions in relation to the combined seventh and eighth periodic reports of Spain

Addendum

Replies of Spain **

[Date received: 17 April 2015]

* CEDAW/C/61/1 .

** The present document is being issued without formal editing.

General context

1.Recent outstanding measures to ensure equal opportunities between women and men include:

(a)The Strategic Plan on Equal Opportunities, 2014-2016. Budget: 3,127,000,000 euros.

(b)The Action Plan for Equality between Women and Men in the Information Society, 2014-2017. Budget: 40,286,065 euros. About 85 per cent is allocated to the training of adult women in the use of information and communications technology.

(c)An increase of 7.88 per cent in the expense budget of the Institute for Women and Equal Opportunities from the 2014 budget, to 20.83 million euros.

2.With regard to the issue of violence against women, the National Strategy for the Eradication of Violence against Women (2013-2016) has a budget of 1,588,000,000 euros. The 2015 appropriations for measures against gender-based violence, including the budget of the Government Office on Gender-based Violence, total 23.7 million euros, 6.9 per cent more than the total for 2014; an additional 300 million euros have been allocated by other ministerial departments.

3.As noted in paragraph 319 of the report, budget cuts have not affected this area.

4.Since the beginning of the legislative session, the Government has continued to transfer funds to the autonomous communities in order to bolster the assistance offered to victims and their children. The General State Budget for 2015 is projected to increase by 25 per cent from the 2014 budget, with an additional 1 million euros in appropriations specifically for the autonomous communities to implement tailored plans. For the first time, resources are being coordinated through various mechanisms, such as the Agreement for the Establishment of the National Network of Shelters and the common guidelines for the provision of individualized and personalized care to victims of gender-based violence and their children.

5.In 2013, the collection of the Income Tax on Natural Persons for Social Purposes resulted in the distribution of 6,482,000 euros (an increase of 400,000 euros from the amount distributed in 2012) to 45 entities in order to implement 64 programmes for the prevention of crimes related to all forms of violence against women and the comprehensive protection of victims. In 2014, the amount collected increased slightly.

6.In the area of sports, the High Council of Sports has made efforts to promote women’s sports, increasing the budget for programmes on women and sports. In 2015, 1,302,530 euros were allocated for this purpose. In 2014, the Women and Sports Unit was established in order to increase women’s participation in this sphere.

7.With respect to the impact of gender on budgets, as noted in paragraph 41 of the report, any draft policy must be submitted together with a gender impact analysis. On 9 October 2014, the gender impact analysis of the bill on the 2015 General State Budget was published.

8.With respect to measures to combat poverty, the following should be noted:

+In the period 2009-2013, the rate of men at risk of poverty or social exclusion (AROPE) increased by 4.1 percentage points, while the rate for women increased by 1.1 percentage points. In 2013, the rate for women was 26.7 per cent and the rate for men was 27.9 per cent. The at-risk-of-poverty rate has followed a similar trend. In 2013, the rate was 20.9 per cent for men and 19.9 per cent for women.

+In order to combat poverty, the National Plan for Social Inclusion, 2013-2016 was adopted. The Plan fundamentally recognizes the disadvantages faced by men women and integrates the principles of equality of treatment and equal opportunities into all social inclusion policies, which account for an estimated 136,574,000,000 euros of the budget.

Reservations

9.Title II of Spain’s 1978 Constitution refers to the Crown, whereby the rules of succession privilege men over women. Article 168 of the Constitution sets out the procedure to amend this Title. There are currently no parliamentary initiatives planned in this regard.

Constitutional, legislative and institutional framework

10.On 7 March 2014, the Government adopted the aforementioned Strategic Plan on Equal Opportunities, 2014-2016. The Plan defines goals and priority actions to eliminate all forms of gender-based discrimination and achieve equal opportunities between women and men.

11.Nearly 70 per cent of the budget for the 2014-2016 Plan relates to employment and work-life balance. The Plan calls for the submission of a follow-up interim report in the latter half of 2015 and a final evaluation report.

12.With regard to comprehensive training on human rights, the Plan calls for the inclusion of training on equal opportunities for women and men and on the prevention of gender-based violence within the initial and continuing training plans of the General State Administration.

13.Other noteworthy activities include:

(a)The continuous training of public officials by the National Institute of Public Administration.

(b)Training of the Equality Units within ministerial departments.

(c)Online training through the Virtual School for Equality. Between 2009 and 2014, 58,744 people participated. The sixth version (2014-2016) offers 42,000 spots and a course specifically for State security bodies and forces has been added.

(d)Preparation of the “Training handbook on how to mainstream the principle of equality and non-discrimination into public policy design, implementation and assessment”.

14.Specific training on human rights and gender equality for security professionals is part of every recruitment and internal promotion process at various levels and categories. Refresher and specialization courses are offered throughout the professional career track and are required for officers and non-commissioned officers.

Applicants to executive-level posts within the national police force, Inspector level, are tested on various topics concerning equality between women and men and violence against women.

15.The General Council of the Judiciary has developed five courses on gender-based violence for judges. In 2014, out of 106 training activities, 52 had a positive and tangible gender impact. Nine activities were exclusively dedicated to educating judges on the issue of violence against women; 137 judges were trained (85 female judges and 52 male judges).

16.The autonomous communities conducted training sessions on equal opportunities in the education system for staff in their own Councils and subsidiary agencies.

National machinery for the advancement of women

17.The following are policy coordination mechanisms and mechanisms to promote equality at the national, regional and local level:

(a)The Institute for Women and Equal Opportunities systematically reports on its regional programmes. Such occasions serve as an opportunity to assess the plans of the Government and the autonomous communities to promote equal opportunities and address gender-based violence.

(b)Constant communication is maintained with the agencies responsible for equality in the autonomous communities in order to facilitate complementarity.

(c)The Institute coordinates with the autonomous communities on equality issues through the Network on Equality Policies, a forum for discussion and analysis aimed at improving the real and effective integration of gender perspectives into interventions that are co-financed by the European Union funds (the European Social Fund (ESF) and the European Regional Development Fund (ERDF)).

(d)At the local level, coordination is carried out by the Spanish Federation of Municipalities and Provinces.

18.The following mechanisms address the specific issue of violence against women:

(a)The Interministerial Committee on Equality (has dealt with issues related to violence against women since 2013)

(b)The National Network of Coordination Units and Units on Violence against Women within the Government representative offices in the country’s autonomous communities, provinces and islands

19.In 2013, a joint proposal was adopted to improve the coordination and implementation of personalized plans for victims of gender violence. Six related projects have been funded by several autonomous communities. A seminar on good practices to improve institutional coordination and implementation of personalized care plans for victims of gender-based violence was held in October 2013.

20.With regard to the budget cuts imposed on the Institute and the extension of its role to address other forms of discrimination, the responsibilities of the Directorate-General for Equal Opportunities have been integrated into the structure of the Institute for Women; that agency has taken on all of the equality policies previously implemented by the Directorate-General. The Institute is therefore the agency that promotes equal opportunities in all areas at the national level.

21.This does not detract from its identity but rather strengthens its objectives: the Institute can act in a unified manner to promote activities that are intended to combat stereotypes, discrimination and social intolerance generally, and respond to incidents of multiple or intersectional discrimination experienced by women from particularly vulnerable groups.

22.With regard to the links between the Institute for Women and Equal Opportunities, the Observatory on Equality of Opportunities and the Ombudsman, each has a different nature, set of competencies and scope:

•The Ombudsman is an independent constitutional office; he or she is elected by the Congress of Deputies and the Senate. The Ombudsman is the High Commissioner of the Parliament responsible for defending basic rights and public freedoms. Any citizen can contact the Ombudsman’s office and request its services free of charge to investigate any of the Administration’s activities. The Ombudsman reports to the Parliament by means of an annual report and may also submit reports on specific issues that require attention.

•The Institute is an autonomous agency. Its functions include the drafting of reports and studies on the status of women in Spain and on matters relating to the principle of equal treatment and non-discrimination. It promotes the mainstreaming of this principle. It also prepares reports with a gender perspective on all of the draft regulations the Government submits to it.

•The Observatory on Equal Opportunities is a collegiate body whose main objective is to create an information system that conveys the status of women and the effects of organizational policies, in order to promote women’s participation. It proposes studies and technical reports on the status of women.

23.With regard to the initiation of proceedings before the courts, the Institute for Women and Equal Opportunities is authorized to participate in processes to defend women’s right to equality, in accordance with the laws regulating such processes. In addition, courts and tribunals may seek the views of the Institute in cases when a question concerning gender-based discrimination arises during proceedings.

Temporary special measures

24.The increase in the concessions for converting contracts for trainees, job-shares and substitutes for retiring workers into continuing contracts remains in effect when the workers concerned are women. The amount of the concession resulting from the recruitment of persons with disabilities is also higher when the recruits are women.

25.Article 12 of Act No. 11/2013 also remains in effect. This provision increases the amount of the concession offered for converting the contract of a young, first-time employee into a continuing contract, when the contract is for a woman.

26. There are incentives for hiring victims of gender-based violence on a continuing or temporary basis.

27.Article 9 of Royal Decree-Law 1/2015 on the mechanism for second chances, the reduction of financial burden and other social measures, amends Act No. 20/2007 of 11 July, on the Statute for Self-Employment, and provides for a subsidy, contingent on contractual arrangements, to support the work-life balance of workers who qualify under the Special Regime for Freelance or Self-Employed Workers.

Stereotypes and harmful practices

28.With regard to the implementation of the legislative initiatives set out in the list of questions, the adoption of the 2014-2016 Strategic Plan on Equal Opportunities is significant, as it constitutes the Government response to most of those initiatives. The Plan includes specific provisions on the elimination of gender stereotypes that may affect the selection of studies and professions, teachers and directors of educational establishments. It also includes provisions on activities to be carried out within the framework of other sectoral policies on health, physical activity and sport; women’s image in the media; the information society; culture, artistic and intellectual creation and production; foreign policy and international cooperation; and rural areas and fishing communities.

29.With regard to the Observatory of Women’s Image, mentioned in the report (para. 68), we note the receipt of 1,202 complaints in 2012-2013. The Institute for Women and Equal Opportunities contacted 46 firms to request the cessation or modification of content or to communicate observations with a view to improving the approach to the public image of women. For the first time, in 2013, the Institute brought a case against an advertising campaign to the courts.

30.In order to eliminate stereotypes in the field of sports, the High Council of Sports is implementing a robust policy to increase the visibility of women’s sports. Of particular significance is the economic assistance provided to sports federations and to produce various publications, including Deporte y Mujeres en los medios de comunicación. Sugerencias y Recomendaciones (Sports and women in the media: suggestions and recommendations) and an electronic newsletter which, since 2011, collects the most outstanding news and interviews relating to women in the national sports scene.

31.The Institute for Women and Equal Opportunities organized 15 travelling exhibits which aim to contribute to the achievement of full equality of opportunities between women and men and improve knowledge of the status of women in social life; the labour, economic and business sectors; politics; culture; and sports. One hundred and fifty exhibits were held between 2009 and 2014. The Institute has issued 384 publications through its Publishing Programme (2009-2014), 96 of which relate to women in different areas.

32.With regard to efforts to raise awareness of violence against women, since 2013 all means available are being used to spread the message “There is a way out of gender-based violence”, which is the slogan of the institutional campaigns launched by the Ministry of Health, Social Services and Equality in 2012.

33.In the health sector, more than 17,000 posters bearing the message “Trust your health care workers. Tell us what’s happening” have been distributed to health care centres.

34.In collaboration with the General Board of Pharmacy Schools, pamphlets on the first signs of abuse and what to do in cases of gender-based violence were distributed to all pharmacies.

35.Activities related to agreements signed with the Spanish Radio and Television Corporation (RTVE) include the following:

•Awareness-raising activities during the week of 8 March, International Women’s Day, and the week of 25 November, International Day for the Elimination of Violence against Women

•Specific productions: a docufiction television film, entitled Sara, You Are Not Alone, on gender-based violence, based on a real case, and a documentary on the evolution of the status of women entitled How We Have Changed

•Production of weekly, short informational radio spots

•Production and dissemination of a six-episode series on women in traditionally male labour sectors

•Production and dissemination of a documentary on Clara Campoamor and five feature stories celebrating the centennial of the admission of female students to universities

•Conference on equality policies and media

•Provision of assistance to RTVE to develop its equality plan

•Support for the broadcasting of women’s sports

36.As part of the framework agreement with RTVE, since 2013, the RTVE Official Institute has been collaborating with the Virtual School for Equality of the Institute for Women and Equal Opportunities in order to train professionals at RTVE. In 2014, an agreement was established with the television news services to promote the broadcasting of news relating to gender equality.

37.The following are highlights of awareness-raising campaigns and activities:

•Campaign on joint family responsibilities in the home, entitled “If we’re equal, what’s the difference?”

•In collaboration with the Spanish Red Cross, awareness-raising campaigns on the unequal distribution of domestic and care-taking responsibilities using the slogan “It’s up to you, it’s up to us” (2010, 2012 and 2013)

•Campaign entitled “Because We Are Equal” (2009), in collaboration with the Madrid Athletic Foundation, on women’s equality in the field of sports

38.In the area of education, we note the campaign “Teaching Equality”, which offers teachers the chance to download materials on the topic. In 2012, a special campaign was conducted on the prevention of gender-based violence. Videos, including of conferences, were also made available to the education community through the YouTube channel “Educando en igualdad” (Teaching Equality). This campaign produced a range of materials (3,000 posters, 2,000 pamphlets, 6,000 bookmarks and 7,200 brochures on teacher training courses).

Under existing law, educational establishments must promote awareness-raising campaigns through conferences, seminars or workshops; these should be conducted as extra-curricular activities, devoting special attention to equality and the prevention of gender-based violence.

39.Various programmes have been implemented to achieve equality in educational establishments. These include: (a) the project “Plurales: Equality in Education” which aims to establish a methodology for schools to mainstream the concept of equal opportunities; (b) the Proper Treatment Programme, which aims to encourage children and adolescents to play an active role in defending their rights and fostering the values of respect, empathy, communication, equality and solidarity; (c) the MUS-E Programme on equal treatment and non-discrimination; and (d) the programme “Exchanges: teaching from the feminine and the masculine perspectives”, which facilitates the exchange of knowledge, experience, projects and innovative educational materials for coeducation. The portal for the latter programme has received a large number of visits and generated many Tweets, demonstrating the large-scale reach of such programmes.

40.Also worthy of note is the Irene: Peace Begins at Home Award for Fostering Coexistence at School. The award supports educational experiences and research that seek to prevent and eradicate violent behaviour and promote the coexistence of women and men on an equal basis.

41.Grants are also awarded to non-profit private entities to provide educational support for students with specific needs and compensation for inequalities in education. Gender is a major component of the evaluation criteria.

42.With regard to textbooks and curricula, education administrators take into account the need to mainstream gender equality and a gender perspective when developing and revising books, based on studies conducted by researchers.

43.In addition, professional training activities are subject to gender impact analyses, which identify the number of students enrolled in training courses by sex and age and assess changes in trends in recent years.

44.An analysis of job placement results for female and male students is conducted on a monthly basis. Continuous, though slight, progress is forecast in terms of achieving gender parity in the number of persons working in various professions.

45.The budgetary adjustments have not affected this area, either.

Violence against women

46.The budget cuts have not affected this area, either.

47.The following initiatives are noted:

•The development of the smartphone application “LIBRES”, with has been downloaded more than 6,200 times

•The holding of the first “There Is a Way Out of Gender-based Violence” Race in 2014

•The distribution of race number 016 during the most recent Race for Women in 2014, in Zaragoza

•The establishment of the initiative “Companies for a Society Free from Gender-based Violence”, which 56 private sector and 6 public sector companies have joined

•In the area of job placement, 1,873 employment contracts have been signed by women who have suffered gender-based violence (through the end of 2014)

48.The State postal service has 8,500 distribution vehicles in circulation bearing the message “There is a way out”. Campaign posters have been placed at airports. Lottery tickets commemorating the International Day for the Elimination of Violence against Women were issued and signs with information on the warning signs of abuse have been posted in commuter trains and regional trains (Feve).

49.With regard to early detection, the awareness-raising campaign entitled “Speak. There is a way out of gender-based violence” targets youth.

50.In addition, appropriate information regarding gender-based violence is relayed by the media through a partnership with RTVE, for example, through the week-long campaign “Aware and against gender-based violence”.

51.Moreover, there have been improvements in the accessibility and quality of resources to assist women with disabilities and immigrant women. These include:

(A)Access to assistance through the 016 telephone hotline:

•Persons with hearing and/or speaking disabilities have been able to use a video service and receive assistance in sign language since 2014. There is a text telephone number (900 116 016) and the Telesor service is available through its web page.

•For foreign women, 016 offers assistance in 51 languages: (a) English and French, 24 hours a day; (b) Arabic, Bulgarian, German, Mandarin Chinese, Portuguese, Romanian and Russian, 24 hours a day through the Dualia tele-translation service; (c) in 38 other languages, through the same service, from 8 a.m. to 6 p.m., from Monday to Friday.

(B)Access to the ATENPRO mobile telephone assistance service:

•Women with hearing and visual disabilities have been able to use this service since 2013 through various specific accessibility systems. For women with visual impairments, the service allows for the installation of programs that enhance accessibility via screen readers, screen magnifiers and a software application that permits use of touch screens through combinations of buttons.

•Foreign women are ensured access through a simultaneous translation company that provides around-the-clock service.

(C)System of monitoring through telematic means:

•Accessibility, in terms of needs related to both language and disabilities, is ensured through: (a) assistance in different languages by the operations centre’s operators through a simultaneous interpretation and translation service in more than 50 languages; (b) notification messages on tracking devices (2Track) in different languages; (c) icons showing an alert status or alarm on the tracking device (2Track); (d) sound and vibration alerts for users of tracking devices (2Track); (e) short message service (SMS) text messages to enable communication with the operations centre for persons with hearing and/or speaking disabilities.

(D)Use of the “LIBRES” application:

•There are explanatory videos available to improve accessibility for persons with disabilities, and the application’s contents have been subtitled and translated into sign language.

52.Legislation that assures free access to justice for the victims of gender-based violence has strengthened the guarantee of access to justice.

53.With regard to the study and evaluation of measures, there are various important reports, including the annual and specific reports of the State Observatory on Violence against Women. Work is currently under way on the 10-year report on the comprehensive law.

54.With regard to the González Carreño case and legal proceedings concerning shared custody and visitation arrangements in cases of gender-based violence, the reform of the Criminal Code will establish specifically that, in cases of domestic or gender-based violence, the custody of children, either individual or shared, cannot be granted to a parent who has been convicted by a criminal court, in a final judgement, for crimes of domestic or gender-based violence, or is involved in criminal proceedings under way in which there is well-founded and rational evidence of the commission of such crimes.

55.The status of legislation in this area is as follows:

•The exercise of parental authority, child custody and visitation arrangements, time spent with children and communication can be suspended as a precautionary measure against those accused of gender-based violence.

•The Criminal Code establishes as a penalty ineligibility to exercise parental authority, guardianship, trusteeship, custody or care as the main discretionary penalty for certain offences related to gender-based violence.

•The Civil Code provides that in cases of annulment, separation and divorce, there can be no agreement regarding shared custody when the father is involved in criminal proceedings for or when there is well-founded evidence of gender-based violence.

56.Moreover, the Act on the Victims of Crime Statute recognizes as victims minors who are in an environment of gender-based violence and guarantees them access to assistance and support services, as well as protection measures.

57.There are two legislative initiatives under way related to this matter:

•A draft organic law complementing the draft law on child protection: (a) It proposes amending Organic Law 1/2004 to recognize minors, the children of women victims of gender-based violence and those under their guardianship or care and custody, as victims of gender-based violence; and underlining the duty of judges to rule on precautionary measures, and especially on civil measures affecting minors who are the dependants of women victims of violence. Measures to protect children in the charge of women victims of gender-based violence are extended to include care, guardianship, wardship or trusteeship or de facto custody. The draft law also provides that judges’ rulings on civil precautionary measures must include the determination of their duration and their compliance regime and, when applicable, any complementary measures. (b) It proposes amending the Organic Law on the legal protection for minors in order to defend the right of minors to be heard and heeded.

•The draft organic law amending the Organic Law on the Judiciary provides that the Institutes of Legal Medicine and Forensic Sciences may be joined by the other psychosocial teams providing services to the justice system, including technical teams concerned with minors, whose staff will have specialized training relating to family, minors, persons with disabilities and domestic and gender-based violence.

58.With regard to the training of judges in equality and gender-based violence, the Act on the Victims of Crime Statute makes provisions for training in assisting victims for legal practitioners and staff in the service of the administration of justice.

59.The Organic Law on the Judiciary provides for the training of judges through selection examinations for admission to and promotion in the judiciary; the continuing education programme offered by the Judicial Academy, which will provide annual training courses on legal protection of the principle of equality between women and men and gender-based violence; and a specific course for appointment to posts in domestic violence courts, in criminal courts specializing in gender-based violence or in criminal and civil sections specializing in gender-based violence.

60.The General Council of the Judiciary has provided a link to the VIOGEN computer application to encourage its use by judicial personnel. Information on the use of electronic tracking devices to monitor protection orders has been included in all training activities.

61.With regard to the number of homicides committed by intimate partners and the level of violence against women in Spain, in 2014, there were 54 victims. The lowest numbers of women victims of gender-based violence since 2003 were recorded in the years 2012 (52 victims), 2013 (54 victims) and 2014, a significant decline. Of the 54 victims in 2014, 17 had submitted prior complaints and 9 had some protection measure in force.

62.With reference to the number of complaints of gender-based violence, a comparison of the figure as at December 2014 (126,742) with the figure for the same period in 2013 (124,893) reveals an increase of 1,849 complaints.

63.Various campaigns have been implemented with the slogan “There is a way out” in order to address the high incidence of withdrawals of or failures to ratify complaints submitted by third parties, the failure to testify at trials and the disregard of protection orders. To improve the protection and security of women victims of gender-based violence, a review of the risk assessment used by the police is under way in order to account for such elements as vulnerability, disability, employment status or children; establish shorter periods for the review of cases deemed “not at immediate risk”; and improve the system for communicating critical incidents. There will also be a review of the design of personalized protection plans based on each victim’s risk, done by the police.

64.The office of the court prosecutor assigned to cases involving violence against women is working with the team of psychologists from the Department for the Analysis of Criminal Conduct of the Civil Guard Police Technical Unit on a study of the psychosocial profile of persons charged with or convicted of crimes of gender-based violence.

65.The focus of the 2013-2016 National Strategy for the Elimination of Violence against Women is on “quality, evaluation, knowledge and continuous improvement”.

66.More statistical data have been published more often; there has been greater support for their dissemination, accuracy and rigorous preparation. Important examples include the following:

•Monthly Statistical Bulletin, since 2012: Collects data on gender-based violence relating to: fatalities; complaints; protection orders; prisoners serving sentences in penitentiaries; electronic tracking devices; calls taken by 016, the telephone service offering assistance and legal advice; women users of ATENPRO; employment data and economic income; subsidized contracts for women victims of violence; replacement contracts for female victims; women victims of violence receiving minimum income; assistance with changing place of residence; economic assistance provided; and authorizations of temporary residence and work permits for foreign women victims. Since 2013, a chapter has been included with data on the website for support and prevention resources in cases of gender-based violence (WRAP) and on protection orders filed, as well as a chapter with information on the system of comprehensive follow-up in cases of gender-based violence (VdG or VIOGEN).

•Annual Statistical Bulletin, since 2012: Same data as the monthly bulletin.

•Annual report of the State Observatory on Violence against Women, since 2009: It has included a chapter on statistical data on the hotline for children and adolescents at risk (ANAR) since 2010.

•Updated statistical fact sheets, since 2012: On deaths as a result of gender-based violence. They contain sociodemographic data on the victim, the aggressor and institutional guardianship.

•Since 2013, data have been published related to cases in which minors have been orphaned as a result of gender-based violence.

•Since 2012, data on recognized disabilities have been collected in cases of deaths resulting from gender-based violence.

•Since May 2013, the General Directorate on Gender-based Violence has prepared, issued and disseminated a statistical record each time there is a death of a minor or of a minor together with his or her mother in cases of gender-based violence.

67.In addition, an electronic tool has been developed that allows for information extraction to develop customized tables and charts based on sources of statistical information.

68.In recent years, there has been an expansion and improvement of channels for the dissemination of statistical data under this heading; there is also a periodic online bulletin.

69.All of this and more statistical information is available at: http://estadisticasviolenciagenero.msssi.gob.es/.

70.With regard to studies and research, special attention is given to groups of vulnerable people, particularly children and adolescents. Important examples include the following:

•The study entitled “La juventud universitaria ante la igualdad y la violencia de género” (2012) (University youth and equality and gender-based violence), together with the Complutense University of Madrid

•“El ciberacoso como forma de ejercer la violencia de género en la juventud: un riesgo en la sociedad de la información y del conocimiento” (2012) (Cyberbullying as a form of gender-based violence among youth: a risk in the information and knowledge society)

•“La evolución de la adolescencia española en la igualdad y la prevención de la violencia de género” (2012) (Changes in equality and the prevention of gender-based violence among Spanish adolescents)

•“Percepción Social de la Violencia de Género” (2013) (Social perceptions of gender-based violence)

•“La percepción de la violencia de género en la adolescencia y la juventud” (2014) (The perception of gender-based violence among adolescents and youth)

71.A publication series entitled “Colección contra la Violencia de Género. Documentos” (Against gender-based violence: Documents) has been established, which issues the most important works.

72.All of this documentation is available at: http://www.msssi.gob.es/ssi/violenciaGenero/publicaciones/estudiosinvestigaciones/home.htm.

73.In addition, it should be highlighted that since 1999, there has been a quadrennial macrosurvey on violence against women, which includes the nine indicators on violence against women approved by the United Nations Statistical Commission; the survey was published in March 2015.

74.Since 2001, the General Council of the Judiciary has prepared an annual report containing an analysis of cases of deaths in the domestic sphere to determine whether victims who had reported their aggressors had received an adequate legal response. Since 2009, the reports have focused on victims of intimate partners or former intimate partners and include a specific study of legal proceedings when complaints have been filed or proceedings have been ex officio.

Trafficking in and exploitation of prostitution

75.The draft 2015-2018 comprehensive plan to combat trafficking in women and girls for purposes of sexual exploitation was prepared in 2014. Comments having been received from the administrations concerned, the text is under review by civil society organizations (the Social Forum against Trafficking for Purposes of Sexual Exploitation).

76.The final follow-up report on the 2009-2012 Plan (4.9 million euros designated for the implementation of its measures) contains the following results:

•Improvements in collaborative processes between public and private institutions and progress towards comprehensive action

•Improvements in the protection of victims, criminal prosecutions as a result of legislative amendments, the formalization of procedures and the specialized training of professionals

•Increased information on trafficking, although work in this area must be stepped up to ensure the collection of reliable statistical data

•Promotion of social awareness, although efforts to discourage demand and improve prevention and early detection must continue

77.The Government gives particular priority to the fight against human trafficking for purposes of sexual exploitation, as expressed in the 2013-2016 National Strategy for the Elimination of Violence against Women and demonstrated by the appointment of a National Rapporteur on trafficking in human beings (April 2014).

78.With respect to the grants provided by the Ministry of Health, Social Services and Equality, in 2013, 34,688 women in at-risk situations were contacted; 30,852 counselling or information consultations were given; and accommodation was provided to 585 clients.

79.At the sectoral level:

•Establishment of a subcommittee to analyse and examine human trafficking for purposes of sexual exploitation, as a subsidiary body of the Equality Committee of the Congress.

•In 2015, launch of the second phase of the Police Plan to Combat Human Trafficking, by which the telephone number and e-mail address for assistance to victims of trafficking will be added to the lists of useful contacts carried by all Spanish newspapers, and a group trained in the investigation of trafficking via the Internet and social networks will be created.

80.The Civil Guard strategic plan for 2013-2016 identifies the fight against organized crime, including trafficking in human beings, as a priority area for action.

81.Spain has one of the most highly developed systems for the detection, identification and protection of victims of human trafficking in Europe. Legislative amendments in recent years have established a general framework for the protection of victims.

82.All identified victims of the crime of human trafficking are guaranteed comprehensive assistance, consisting of: safe accommodation; psychological and medical care; interpretation and legal counselling services, regardless of their administrative status; and the granting of a recovery and reflection period, which enables foreign victims in an irregular situation to remain free of the influence of their traffickers, initiate the process of recovery and take a decision on cooperation with the competent authorities for the investigation of the offence.

83.From the moment a woman is identified as a possible victim of trafficking, she is granted immunity from measures penalizing her irregular status and she is authorized, if she agrees to the recovery and reflection period (with a minimum duration of 30 days), to remain temporarily in the country.

84.This authorization is not only linked to collaboration with the authorities in the investigation, but also is dependent on the evaluation of the victim’s personal situation.

85.During the identification process the police shall take, inter alia, the following measures:

•Facilitate continuous telephone communication with the staff in charge of the investigation; and

•Provide information on self-protection measures (safe accommodation or transfer to another community), as well as on any circumstances concerning the victim’s situation of risk.

86.These measures extend to the children of the victim when they are minors or have disabilities, if they are in Spain, and in extraordinary cases include those persons within Spain with whom the victim has family or other ties, if it can be shown that suspected traffickers pose a risk to them.

87.The procedure to be followed is set out in the Framework Protocol for the Protection of Victims of Trafficking of Human Beings.

Participation in political and public life

88.One important aspect of the 2014-2016 Strategic Plan on Equal Opportunities is the participation of women in the political, economic and social spheres.

89.From 2010 to 2014, the presence of women on company boards of directors increased by around 6 percentage points, reaching 16 per cent in 2013. Over the past three years, the rate of women on the boards of directors of companies in the IBEX 35 index rose from 12.1 per cent to 17 per cent.

90.Among companies that are majority publicly held, there was an increase in the number of women on boards of directors (29.81 per cent in 201; 31.07 per cent in 2013).

91.The most important actions include the following:

•Training programme for future women executives, held since 2010, in collaboration with the School of Industrial Organization.

•The voluntary participation of enterprises and public-private partnerships was encouraged from 2012 to 2014. In 2014, 73 private enterprises from different industries signed collaboration agreements with the Ministry of Health, Social Services and Equality to promote women’s access to the most senior positions in the following four years.

•Since 2013, “Project Promotion”, a component of the Gender Equality and Work-Life Balance Programme, has been raising awareness among companies and business organizations of the importance of employing all available talent in their organizations.

•Act No. 31/2014, amending the Corporations Act, provides that boards of directors should ensure that the procedures for selecting their members are conducive to gender diversity and are free of implicit bias that may imply discrimination.

•In February 2015, the National Stock Exchange Commission adopted the new Code of Good Governance for Listed Corporations, urging companies to ensure that proposed board member appointments or reappointments should be based on a prior analysis of the board’s needs, including gender variables. The aim is that by 2020, women will make up at least 30 per cent of all board members.

92.As far as enterprises with public participation are concerned, the Organic Law on the effective equality of men and women stipulates that the Spanish Government and associated or dependent government agencies must observe the principle of a balanced presence in appointments made to the boards of directors of the enterprises in which they have invested.

93.An amendment is planned of Royal Decree 1615/2009, of 26 October, regulating the granting and use of the “Corporate Equality” emblem, so that candidate companies will be evaluated in terms of the presence of women and measures taken to boost their presence on boards of directors. Plans exist to make it mandatory for corporations that must file long-form profit and loss statements to have on their boards of directors a certain percentage of women in order to be awarded the emblem.

94.In the legal field, the General Council of the Judiciary has a Gender Equality Committee which actively integrates the principle of equality between women and men into the exercise of the prerogatives of the Council, draws up advance reports on the gender impact of regulations and improves the equality parameters in the judiciary. A description of its work is available online.

95.Women are still underrepresented at the highest levels of the judiciary: 49 per cent of members of the judiciary are women, although, since 2001, more women than men have consistently been successful in the competitive examinations for judges among the convocations to competitive examinations for the judiciary. Yet only 13 per cent of Supreme Court judges are women, while 6.2 per cent of the higher courts and 18 per cent of appeals courts are presided over by women.

96.There are more men than women sitting on the appeals courts and the Supreme Court, largely as a result of the late entry of women into the judiciary. The age pyramid of the judiciary demonstrates that women comprise the vast majority of the judiciary aged between 26 and 50, but their numbers decrease above that age.

97.Similar trends may be observed in other bodies in the justice system, such as the office of the Attorney-General and court registries.

98.According to the latest report of the Office of the Attorney-General, there are 900 male and 1,517 female prosecutors. In recent years women have made up the majority, with more women than men becoming prosecutors since 2000.

99.This pattern is repeated in the registries. Data from January 2014 show that there were 2,425 female (66 per cent) as opposed to 1,250 male court clerks.

100.The General Council of the Judiciary is made up of equal numbers of men and women, 10 each, and the current Attorney-General is a woman.

101.Other relevant information:

•The 2013 reform of the Senate allows senators to vote remotely in certain votes if absent due to pregnancy, maternity or paternity leave, or serious illness.

•The committee for effective gender equality in the Civil Guard was established in 2014 to promote real and effective equality among its members, to gain up-to-date and differentiated knowledge of the situation of men and women in the Civil Guard, and to make recommendations on gender equality.

Education

102.Further to paragraph 72 of the report, worthy of note are: the annual grants awarded by the Women and Sports Programme (1,000,000 euros in 2014) to promote, facilitate and increase women’s participation in all areas of sport; the activities to support holding of major female championships in Spain (including the next Women’s Basketball World Cup in 2018); the consolidation of a specific budget line to encourage women’s participation in physical activity and sports, and to promote equal opportunities and a positive image of women in sport, including in the media; the dramatic increase in the number of women in representative bodies of sporting federations; and those federations’ adoption of protocols to prevent, detect and take action on harassment and sexual abuse, which they are required to do in order to be eligible for grants.

•Results include: an increase in the percentage of women on the governing bodies of sporting federations from 15 per cent to 25 per cent in 2014; approval and direct funding for 163 activities and programmes to promote, develop and advance women’s sports in all fields (including social assistance: 11 sportswomen on national teams have received childcare benefits and high-level sportswomen have received maternity benefits); and increased visibility of women’s sports in the media and coverage of major competitions.

103.Further to paragraph 74, notable examples include grants to promote equal opportunities between women and men at universities, helping to give substance to the Equality Units of the universities. The grants are for postgraduate university studies on gender and university activities related to equal opportunities (seminars, conferences, symposiums, workshops and discussion forums). The total amount of grants for the period 2009-2014 was 3,849,720 euros.

104.Organic Law 8/2013, of 9 December, on improving educational quality, reinforces the principles of gender equality contained in the Education Act.

105.In addition to the cross-cutting approaches on gender equality within the compulsory education curriculum, pupils aged between 6 and 12 study specific and mandatory topics covering equality and the prevention of gender-based violence.

106.All compulsory education includes the subject “social and ethical values”, which can be chosen instead of religion.

107.The 2012-2020 Spanish National Strategy for the Social Inclusion of Roma reflects a cross-cutting gender approach in its various policies and programmes, and promotes programmes that prevent absenteeism and early dropout, with a particular focus on girls and pre-adolescent girls who drop out for gender-based reasons.

108.In 2014 the Ministry of Education, Culture and Sports organized the first education conference for the Roma, entitled “Implementing education policies in the Roma community: proposed actions and methodology”. The Ministry of Health, Social Services and Equality organized a workshop on the Youth Guarantee (a youth employment initiative) and the Roma in October 2014, at which training for Roma girls was discussed.

109.The Action Plan for the Development of the Roma (2010-2012) focused in particular on education, with a budget of 19,255,371 euros.

110.To combat the academic failure and early dropout rates among Roma children, various activities are being implemented, the details of which can be found on the website of the programme ROM-UP! 2012-13. Education programmes carried out by Roma associations are financed through various public funds. Notable examples include the Roma Union programme to monitor and support Roma students from primary education through compulsory secondary school; “Aulas Promociona” (Classrooms promote) run by the Roma Secretariat Foundation; and the comprehensive intervention programme for the participation of the Roma community in schools, run by the Roma Today Association. Spain’s involvement in the European Union project “Roma families get involved” and the drafting of a guide to work with Roma families on the academic success of their children should also be noted.

111.The budget allocated for Roma inclusion policies is funded through:

•Financial cooperation with third sector organizations (funded through personal income tax receipts and subsidies). Every year the Ministry of Health, Social Services and Equality subsidizes an average of 130 programmes, managed by 23 non-governmental organizations, in 68 locations, with a year-on-year average (2009-2013) of 5.5 million euros.

•Financial cooperation with regional governments.

112.On the issue of violence against women within the Roma population, the “Lideresas” (Female leaders) project is particularly noteworthy.

Employment

113.The 2014-2016 Spanish Strategy to Stimulate Employment contains a specific section, Theme 4, on equal employment opportunities.

114.Women are a priority group in the employment training programmes.

115.The 2015-2016 special plan for equal opportunities in the workplace and against wage discrimination seeks to ensure effective gender equality in access to employment, job security and working conditions, and prevent and rectify the gender wage gap. It is due to be adopted by the Cabinet once the consultation process with stakeholders (employers’ and workers’ organizations) is complete.

116.With regard to the data on women who work part-time and the higher number of temporary contracts, Act No. 3/2012 provides that the concessions on employer contributions will increase for women in occupations in which they are underrepresented. In addition, the reduction in contributions resulting from converting trainee, job-share and substitute contracts into continuing contracts will also be greater when the workers concerned are women. Moreover, the reduction in contributions resulting from the recruitment of persons with disabilities is increased when the recruits are women.

117.There are also concessions for the continuing or temporary employment of victims of gender-based violence, as well as for recruiting substitutes on temporary contracts specific to persons with disabilities (contratos de interinidad) and promoting a work-life balance for women.

118.The use of temporary contracts to hire substitutes for workers on unpaid leave to care for family members allows businesses to reduce their social security contributions.

119.The following projects that promote the employment of women are worthy of note:

•The project to strengthen gender-sensitive employment policies and economic revival, which ended with a final conference in Madrid in 2012, entitled “Women in 2020: A strategic linchpin for employment in Europe”.

•The programme offering entrepreneurial support to women, run in collaboration with the High Council of Chambers of Commerce, Industry and Navigation, provides women with information on self-employment and business management. Between 2009 and 2014, 13,140 businesses were launched, 1,708 jobs were generated and 361 microcredits were processed. Some 95,452 women have made 129,911 requests for advice either in person or online.

•The Innovatia programme, in conjunction with the University of Santiago de Compostela, promotes women’s entrepreneurship in scientific and technological areas and creates an intervention model that mainstreams gender perspectives in the transfer of knowledge and the development of technology-based firms (spin-offs). Launched in 2011, it has developed a procedures manual for entrepreneurship-support staff in the offices responsible for disseminating the results of studies by universities and research centres. Some 870 women have taken part.

•The project being carried out with the INCYDE Foundation to facilitate women entrepreneurs’ access to emerging economic sectors and new, market opportunities with high added value, as part of the 2013-2015 Programme on Gender Equality and Work-Life Balance. Launched in 21 locations, more than 900 women have benefited and almost 100 have started their own businesses. In 2015 the programme will be introduced in another 11 locations. In May 2014, the Institute for Women and Equal Opportunities awarded grants for activities that encourage entrepreneurship among women. Seven local authorities and 20 non-profit entities have received 1,248,282.815 euros and 1,255,881 euros respectively.

•The Innovative Female Entrepreneurs project, launched in 2013 with the School for Industrial Organization (EOI) Foundation, helps businesses, particularly small and medium-sized enterprises run by women, to implement and develop technology transfer, research, development and innovation initiatives. It includes a personalized support plan and has been implemented in five locations.

•The pilot project launched by the Ministry of Health, Social Services and Equality, in conjunction with the Spanish Refinancing Company, to facilitate female entrepreneurs’ access to finance for business projects by reimbursing study commission costs for projects submitted to Mutual Guarantee Societies for loan guarantees.

•The “Corporate Equality” emblem network was established to recognize those businesses that have excellent, proven equal opportunities policies. To date, 92 companies have been awarded the seal. (Red DIE) (www.igualdadenlaempresa.es).

•The free advice and information service, which can be accessed by telephone or the Internet (www.igualdadenlaempresa.es), for companies and other entities looking to develop equality policies and plans. It produces the “Corporate Equality” newsletter and holds regular business events. Since its launch in March 2013, more than 110 entities have registered with the service and 266 events have been held.

•Grants have been awarded annually to small and medium-sized enterprises to cover the costs of their equality plans since 2008. The maximum amount granted to each company is 10,000 euros. From 2009 to 2014, 732 grants were awarded, amounting to 4,762,373 euros.

•22 February was designated International Equal Pay Day. Commemorative lottery tickets are issued for the daily draw run by the Spanish National Organization of the Blind (ONCE), as is a postage stamp celebrating this date. Spain also participates actively in the commemoration of European Equal Pay Day by disseminating materials on the gender pay gap produced by the Gender Equality Unit of the European Commission.

•Since 2010, studies and research on improving women’s employment opportunities and employability have been published as part of the publication series “Economy Women Business”.

In addition, the Institute for Women and Equal Opportunities is implementing the following:

•The Clara Programme, which promotes the social integration and employment of women at risk of exclusion. Between 2009 and 2014, 91 agreements have been concluded that will be in force until the end of 2015. Some 2,078 women have participated in the programme.

•The Sara Programme, which seeks to improve immigrant women’s quality of life by offering training for their social integration and employment as part of agreements with the Red Cross and the Consortium of Entities for Comprehensive Action with Migrants (CEPAIM). Some 1,777 women have participated in the programme.

•Cooperation agreements with local authorities to promote and improve the employability of unemployed women. Between 2009 and 2014, 57 agreements were signed and 9,715 women received training.

120.The amount contributed by the Ministry of Health, Social Services and Equality to these training activities was 4,139,800 euros.

Health

121.Victims of human trafficking are guaranteed access to the national health system under existing legislation, which includes the provision of health care during the recovery and reflection period.

Economic and social benefits

122.The amount of non-contributory benefits is set annually, with no distinction made between men and women. With regard to contributory benefits, the legislation guarantees the principle of equal treatment and non-discrimination on the basis of gender by not establishing any distinction between men and women; therefore, women’s benefits might be lower than men’s as a result of their career choices, access to employment and job security, or the number of women working in different sectors of activity.

123.With regard to other issues raised in connection with social security, measures have been put in place to facilitate women’s participation in the labour market (in addition to those described above) as part of the legal instruments detailed in paragraph 232 (a) to (f) of the report (not paragraph 222). In addition, the mechanisms for accessing social security benefits for those on part-time contracts were revised by Act No. 1/2014, ensuring equal treatment and non-discrimination based on gender.

Rural women

124.Under the Aurora Programme, between 2011 and 2014, 58 agreements were concluded (in force until the end of 2015) and the number of women involved increased to 1,598.

125.With regard to the implementation of Act No. 35/2011, in addition to establishing a register of shared ownership of agricultural enterprises, the Act provides for a dissemination plan to be drawn up. Over the three years since the register was created, 117 enterprises have registered as at 28 January 2015, unevenly distributed by autonomous communities.

126.The 2011-2014 strategic plan for gender equality in rural sustainable development includes:

(a)Grants for the advancement of rural women: from 2011 to 2014, grants in the amount of 1,357,000 euros were awarded.

(b)Innovation excellence awards for rural women: 29 prizes were awarded over the four years (2011-2014).

(c)Grants for inter-territorial and transnational cooperation projects, as part of the National Rural Network.

(d)Grants for technological innovation in rural areas, giving priority to projects that have a particular impact on technological applications for women. Between 2011 and 2013, the amount granted to rural women’s entities was 434,534.19 euros (from a total of 2,381,530 euros).

(e)Grants for pilot projects as part of the National Rural Network, giving priority to those that will have a notable impact on women’s collectives and those submitted by entities with decision-making bodies comprised of equal numbers of women and men. The total amount allocated to rural women’s entities since 2011 is 1,357,000 euros.

(f)Grants for cross-regional training programmes for rural professionals, giving priority to training programmes aimed at women or that are attended mainly by women. The total budget allocated to rural women’s entities since 2011 is 4,797,850 euros.

127.Information on rural women and rural development has been disseminated via radio programmes (Con voz de mujer (With a woman’s voice)), publications (the magazine Desarrollo rural y sostenible (Rural and sustainable development)), and conferences on the Shared Ownership Act.

128.The participation in the Working Party on Women and the Family in Rural Development of the Food and Agriculture Organization of the United Nations (FAO), the main objective of which is to achieve greater commitment to gender mainstreaming in rural development, should also be noted.

129.Studies and publications include: Diagnóstico de la igualdad de género en el medio rural (Assessment of gender equality in rural areas), Buenas prácticas que favorecen la conciliación en el medio rural (Good practices that promote a work-life balance in rural areas), Medio rural: Trabajando en femenino (Rural areas: Working from a female perspective) and Incorporación de la perspectiva de género en los Programas de Desarrollo Rural (2007-2011) (Gender mainstreaming in rural development programmes (2007-2011)).

130.Lastly, the 2014-2016 Strategic Plan on Equal Opportunities includes a specific approach to promote the development of women in rural areas and fishing communities, to be included in the plan for the advancement of rural women, which will be adopted soon.

Disadvantaged groups of women

131.As part of the programme for the physical, psychological and social care for immigrant women, a health guidebook for immigrant women has been distributed to health and social services professionals to highlight the factors affecting the health of this group. Since 2008, 23 courses have been conducted for professionals from those sectors, in collaboration with the regional ministries of health of the autonomous communities.

132.Also worthy of note is the Sara Programme, which seeks to improve immigrant women’s quality of life by offering training for their social integration and employment as part of agreements with the Red Cross and CEPAIM.

133.The amounts of subsidies funded by personal income tax receipts and awarded to third sector organizations have increased steadily in recent years and have been unaffected by budget cuts.

134.There was a decrease in funding for the action plan for the development of the Roma population from the initial amount. However, the funding was increased by 1 million euros in 2014, following approval of additional funds to fight child poverty, including among the Roma population.

Refugee and asylum-seeking women

135.Act No. 12/2009 on the right to asylum and subsidiary protection is based on the common European policy on asylum and includes persecution based on gender or sexual orientation as one of the grounds for granting refugee status.

136.Spain used the right of asylum to protect victims of gender-based violence for the first time in 2005, when it granted asylum to a woman considered to be a member of a particularly vulnerable social group.

137.A gender perspective and the issues surrounding gender equality covered in Act No. 12/2009 have been integrated into the draft regulations to implement the law, which are currently under consideration.

138.There are approximately 65 offices throughout Spain where an application for international protection can be submitted.

139.The procedure to determine international protection begins with an application that is verified during an interview with a public official. The law provides for the adoption of measures that, when necessary, allow for preferential treatment based on the applicant’s gender. Social, cultural or religious factors sometimes make it difficult for some women to describe their ill-treatment. These factors must be taken into consideration to ensure that the application is made in a supportive atmosphere.

140.The Act also states that the specific situation of asylum seekers in vulnerable situations, including pregnant women, should be taken into account.

141.The applications are sent to the Interministerial Commission on Asylum Seekers and Refugees, where they are examined and a recommendation is made. This Commission includes representatives from various ministries, including the Ministry of Health, Social Services and Equality (as gender and sexual orientation are grounds for protection).

142.The Spanish system offers guarantees that are almost unparalleled in other Western protection systems, as it involves the Office of the United Nations High Commissioner for Refugees, which participates in the examination of the file and the discussions prior to the recommendation.

143.National resettlement programmes also refer to women as a priority group, with special attention paid to women and girls in particularly vulnerable situations, including those deemed to be “at risk”. The 2014 national resettlement programme allows for assistance to be extended to refugees falling into that category. Gender issues have therefore had a significant impact on resettlement initiatives.

144.With regard to training, Act No. 12/2009 reflects the need to provide the people assessing international protection applications with training on issues relating to gender and violence against women. The regulations implementing the law attach particular importance to training.

145.The Ministry of the Interior offers an annual training session on the international protection system in Spain for all staff appointed to the department. The Office for Asylum Seekers and Refugees also provides training courses on the submission of international protection applications. These training courses seek to ensure that the applicant is in the best position to present their case and that the application meets the necessary requirements so that it can be processed fairly and efficiently, including with regard to gender issues.

146.Protection granted on the basis of gender is often linked to other grounds (political leanings, ethnicity, religion, etc.). Nevertheless, in the last three years, protection has been granted on the grounds of gender in 12 cases in 2012, 10 cases in 2013 and 11 cases in 2014. In 2014, protection was granted to women from Somalia, Cameroon, Sudan, Morocco, Afghanistan, Pakistan, Iran and Angola.

147.Statistics on these issues are available on the website of the Ministry of the Interior. Key indicators on applicants and recipients of international protection status, disaggregated by nationality and sex for 2012, 2013 and 2014, can be found in annex 2.