Committee on the Elimination of Discrimination against Women

Eighty-fifth session

Summary record of the 1981st meeting*

Held at the Palais des Nations, Geneva, on Tuesday, 16 May 2023, at 10 a.m.

Chair:Ms. Bethel

Contents

Consideration of reports submitted by States parties under article 18 of the Convention (continued)

Ninth periodic report of Spain

In the absence of Ms. Peláez Narváez , Ms. Bethel (Rapporteur), took the Chair.

The meeting was called to order at 10 a.m.

Consideration of reports submitted by States parties under article 18 of the Convention (continued)

Ninth periodic report of Spain (CEDAW/C/ESP/9; CEDAW/C/ESP/QPR/9)

At the invitation of the Chair, the delegation of Spain joined the meeting.

Ms. Rodríguez (Spain), introducing her country’s ninth periodic report (CEDAW/C/ESP/9), said that she wished to begin by acknowledging that, thus far in 2023, 27 women had been killed as a result of gender-based violence, bringing the total number since records had begun to 1,201. Combating gender-based violence remained a priority of the Government.

Spain remained committed to human rights, in particular to its feminist foreign policy, and it would soon adopt its second national human rights plan. Throughout the crises of recent years, Spain had taken decisive action to protect the rights of women, such as providing energy subsidies to offset the repercussions of the war in Ukraine and offering financial support to victims of gender-based violence during a volcanic eruption in the Canary Islands.

Following recent legislative developments, the definition of discrimination had been expanded to include discrimination on the grounds of illness, HIV status, genetic predisposition to illness, language or socioeconomic status. Furthermore, the burden of proof no longer fell on the complainant. In addition, the Government had taken legislative measures to prevent gender-based violence against women and to protect the rights of lesbian, gay, bisexual, intersex and transgender persons, including by banning conversion therapy, guaranteeing parental rights for lesbian and bisexual women without the need for marriage and ensuring access to medical fertility treatment for all women. The parliament was currently considering a bill on families that would expand legal protections for diverse types of families, guarantee equal rights for couples in civil partnerships and increase parental leave for single parents.

The State’s response to gender-based violence was guided by the State strategy for combating gender-based violence against women for 2022–2025 and by the 2017 State Pact against Gender Violence, which had been renewed in 2022 with the support of almost all political parties. On that basis, the Government had drawn up a new cooperation framework with the authorities of the autonomous regions, which included plans to develop minimum standards for services and a joint system for sharing information and assessing the impact of policies. Overall, funding for activities to combat gender-based violence had increased from €23.7 million in 2015 to €320 million in 2023.

Under the Organic Act on the Comprehensive Guarantee of Sexual Freedom, which had used the Committee’s general recommendation No. 35 (2017) on gender-based violence against women as a guide, the definition of sexual violence had been expanded to include all sexual acts that were non-consensual or that limited public or private freedoms, including workplace harassment, female genital mutilation, forced marriage, trafficking in persons and sexual exploitation. Various forms of reproductive violence, such as forced abortion, sterilization and surrogacy, were also now recognized by law, and data collection obligations applied in all cases of femicide, regardless of the victim’s relationship to the attacker. Public campaigns targeted at men had been conducted with a view to preventing violence, and all professionals who worked with sexual violence cases received continuous professional training. By the end of 2023, every province of Spain would have a crisis centre for victims, which would offer round-the-clock specialized legal, psychological and social services, including the collection of samples, in line with established medical forensic protocols, even before the victim had submitted a complaint. Not only were victims entitled to reparation, but the Government held a public awareness-raising event every time five or more femicides occurred in a month, which sent a powerful message to society.

In response to the Committee’s recommendations, Spain had established a Ministry of Equality, which contained a number of specialized departments. Despite the crises experienced in recent years, the budget for activities to promote equality had been increased significantly, rising from €44 million in 2015 to €563 million in 2023. Furthermore, €20.3 billion in funding had been allocated to implementing the second national human rights plan. Given the essential role played by civil society and the feminist movement, the budget to support activities by such groups had also been increased, from €3 million in 2015 to nearly €60 million in 2023.

In the light of the particular vulnerability of migrant women, a hotline had been established to provide legal advice for victims of racial or ethnic discrimination, and the law had been amended to grant migrant women who were victims of sexual violence residence and work permits. Persons who had been persecuted on the grounds of sexual identity in their country of origin could apply for asylum in Spain. The State had ratified the International Labour Organization (ILO) Domestic Workers Convention, 2011 (No. 189), to put the right of domestic workers to social security protections on an equal footing with other workers and established guarantees of unemployment benefits, rest breaks and holidays. In addition, Spain had granted 163,000 temporary protection orders to refugees from Ukraine, of whom some 60 per cent were women.

To combat stereotypes, the Government had launched a plan to promote shared parental responsibility (Plan Corresponsables), which had a budget of €200 million. The plan provided for care and education services for children under the ages of 16 years and for awareness-raising activities to promote the equal sharing of care responsibilities. In addition, a mobile application would soon be launched which would help family members to measure the time spent on household chores and to distribute tasks fairly.

The legislature was currently examining a bill on trafficking in persons, which, if adopted, would improve the process of identifying victims. National strategic plans had already been adopted to tackle trafficking in persons and support the integration of victims into society and the labour market, including by guaranteeing access to housing, training, health and social care, and processes for regularizing their status. Over the next four years, €204 million would be allocated to such activities.

Coeducation was mandatory at all stages of education. Sexual education was also compulsory at all stages and must cover the various forms of gender-based violence and the diversity of sexual identities and family types. Strategies had also been adopted to improve educational opportunities for Gitano communities and for persons with disabilities, especially girls. The Government was aware that much remained to be done with regard to recognizing, and providing redress to, the Gitano population.

Significant progress had been made in women’s participation in public life. Women held 60 per cent of government positions, and senior government positions were held by women with disabilities, women from racial minorities, and lesbian, bisexual and transgender women and intersex persons. A 40 per cent quota had been introduced for women on the board of directors of public and private entities, and the use of a zipper system, whereby parties must create a candidate list in which the gender of the candidates alternated between women and men, was mandatory in all elections. Furthermore, the legal barriers to voting previously faced by many persons with disabilities had been removed.

Important economic improvements had been made since the submission of the country’s previous periodic report. Following various legal reforms, precarious work had been reduced considerably, with the proportion of open-ended work contracts increasing considerably, from 1 out of every 10 to 1 in 2 contracts of employment, which was of particular benefit to women. Both parents were now entitled to 16 weeks’ leave following the birth of a child. In addition, all companies with more than 50 employees must produce an equality plan, and informal workers were entitled to social security benefits. The minimum wage had been increased to €1,080 per month. The cuts to support payments for dependents that had been made before the submission of the country’s previous periodic report had been reversed, and the waiting list for applicants had been reduced significantly. Important pension reforms had also been made, including measures to ensure that the minimum State pension would increase by 2 per cent per year and to improve pension contributions for women in insecure jobs.

Following the amendment to the law on sexual and reproductive rights and abortion, the right to abortion for girls aged 16 and 17 years had been restored. The law also provided for menstrual leave for women experiencing painful periods and guaranteed access to specialized sexual and reproductive health services. A budget of €287 million had been allocated to the provision of such services. In response to the opinions presented by the Committee in relation to several individual communications, the legislature had included provisions aimed at guaranteeing the free, prior and informed consent of women during childbirth and reducing unnecessary medical interventions, ensuring the provision of appropriate training and improving health-care protocols.

In the light of the findings in the case of Angela González Carreño, legal reforms had been adopted to greatly improve protections for children and adolescents, including guarantees to ensure that they were listened to. Children and adolescents could now be considered direct or indirect victims of gender-based violence. Furthermore, abuse by proxy (violencia vicaria) – violence aimed at harming women through their loved ones, especially their children – had been recognized as form of gender-based violence. In all cases involving gender-based violence, the perpetrator was not entitled to joint custody or to visitation.

Ms. Bárcena Garcia (Ombudsman of Spain) said that, while significant legislative reforms had been introduced, in practice, progress was hindered in certain areas by the margin for interpretation of the law or by administrative barriers. Victims of gender-based violence still did not have equal access to support services, especially to support their reintegration into society. Efforts needed to be made to rectify that problem, with a special focus on victims who experienced intersectional discrimination. A protocol needed to be developed that set out quality criteria, training requirements and ethical codes for psychosocial services, and special units for minors needed to be established. Greater attention should also be given to improving families’ communication with judges and to standardizing assessment reports and the guarantees provided.

With regard to administrative and judicial processes, steps needed to be taken to improve complaints procedures to ensure that victims did not feel that they were being questioned by the police, judges or prosecutors. Efforts were also needed to ensure that victims who were irregular migrants had no reason to fear being punished or deported for submitting a complaint. The various civil and criminal aspects of cases of gender-based violence affecting a single family should be handled in one set of proceedings and brought before specialized courts, and measures were needed to improve the mechanisms for coordination and information-sharing between judges. Other recommendations to ensure victims’ recovery and social integration included drawing up an indicative economic scale to guarantee sufficient reparation and automatic freezing of the assets of offenders. Further attention also needed to be paid to child victims of direct or indirect gender-based violence, including by guaranteeing their right to be heard, allowing them to provide evidence in advance and improving legal medical services.

In 2022, Spain had received some 118,000 international protection requests, of which nearly 55,000 had been presented by women. Given the significant gaps in existing processes for identifying and protecting victims of trafficking in persons, the Office of the Ombudsman had called for a structural reform of the case management system in order to improve the identification of vulnerable persons. She was also concerned about the working conditions experienced by female temporary workers in rural areas.

Articles 1–6

Ms. Ameline commended the State party on its legislation aimed at combating gender violence, femicide, sexual exploitation and human trafficking, and its expansion of the right to abortion. However, the status of the Convention and the Optional Protocol should be enhanced when it came to the adoption and enforcement of the relevant laws, particularly concerning access to abortion, the implementation of procedures on behalf of migrant women and access to justice.

She wished to know whether the State party was prepared, in the face of new challenges such as the energy crisis, migration and artificial intelligence, to step up its promotion of the Convention, particularly through policies aimed at implementing Security Council resolution 1325 (2000) and the 2030 Agenda for Sustainable Development. Enhancement of fundamental constitutional rights relating to parity and the right to abortion, for example, would help to achieve that objective. She asked whether the State party would consider invoking the principle of equality when addressing the issue of succession to the Crown.

Noting that the Senate had recently amended the law on sexual consent, to address its retroactive effect, which had led to the reduction of criminal penalties against convicted offenders, she asked how such adverse consequences could be prevented in future.

She wished to know whether the implementation of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) and the Committee’s general recommendation No. 33, its recommendations and its decisions under the Optional Protocol had been carefully assessed.

Noting that 106 courts were set up in particular to address the issue of gender-based violence, she asked whether such specialized courts were the best possible answer to the problem. The issue of migrant women and the identification of their vulnerabilities should be the focus of a specific public policy.

As the Committee had been informed that some civil society organizations were not adequately involved in the drafting of legislation, it strongly urged the State party to consolidate the participation of civil society in the drafting and implementation of the country’s laws.

The Committee would welcome information on the bill on self-identification that was currently being drafted, particularly concerning the incorporation of universal principles of child protection and the definition of the criterion of consent, which was set at 12 years of age in the bill.

A representative of Spain said that succession to the Crown was regulated by article 57 of the Constitution, under which precedence was given to male heirs over their female counterparts. There were currently no plans to amend the article, since it would be a highly complex procedure involving the courts and a referendum.

A representative of Spain said that there had been alarming news concerning the reduction of sentences for perpetrators of gender-based violence who had been convicted under the previous relevant legislation. The country’s new sexual consent law, Organic Act No. 10/2022 on the Comprehensive Guarantee of Sexual Freedom, widely known as the “Only Yes Means Yes” law was retroactive, but the criminal dimensions of the Act had been carefully studied by the Ministry of Justice, the Ministry of Equality and the judiciary. They had eventually decided to refrain from reducing the maximum sentence of 15 years for adults in the Criminal Code, since all previous sentences would then need to be reviewed. However, one third of judicial officials had supported a review of the prescribed penalties. In 2021, the Attorney General had come down in favour of applying a transitional provision to limit or prohibit the reduction of sentences and the matter had yet to be decided by the Supreme Court, which would hear in June 2023 at least a hundred appeals lodged by the Attorney General’s Office and victims.

A representative of Spain said that the principles of intersectionality and universal access to support for victims were incorporated into the legislation and implemented in practice. Some women, such as migrants, were not required to meet certain conditions in order to obtain access to comprehensive care. For instance, victims of sexual violence, forced marriage, trafficking and female genital mutilation could obtain support without submitting a complaint. In addition, special support for access to justice, including interpretation services, was provided for groups such as women with disabilities and migrant women.

Mandatory training was essential to prevent gender-based and sexual violence against women. A gender-based and intersectional approach was required to ensure that members of the judiciary were aware of direct, indirect and intersecting discrimination against women. Such training was also important in detention facilities.

Act No. 15/2022 on Equal Treatment and Non-Discrimination addressed all grounds of discrimination and reversed the burden of proof for victims in order to guarantee their access to justice and redress.

A representative of Spain said that consultations with civil society on the drafting of the report had been held following internal consultations between relevant ministries. A draft had then been circulated by the Ministry of Foreign Affairs, European Union and Cooperation with a request for comments from 54 civil society organizations.

The Government had adopted a feminist foreign policy in 2021 with a view to complying with its international obligations and the 2030 Agenda for Sustainable Development. It was based on an analysis of inequalities between women and men and the action required to promote equality at all levels of the country’s foreign policy. Women’s empowerment was a cross-cutting element of the new Act on Cooperation for Sustainable Development and Global Solidarity. The Strategic Plan for gender equality also formed part of the country’s foreign policy. In addition, equality was a pillar of the fifth Master Plan for Spanish Cooperation 2018–2021, which had set a budgetary target of 0.7 per cent of national income by 2030 for official development aid. The principle of equality had been incorporated into all forms of cultural and humanitarian cooperation.

Priority was also accorded to equality in the women and peace and security agenda. The Commitment 2025 initiative had been launched with Finland in 2019 to promote women’s inclusion in peace processes. Spain also collaborated with the Netherlands in promoting gender mainstreaming in peace processes in the European Union. In addition, it had ensured that the women and peace and security agenda was incorporated into the Strategic Concept of the North Atlantic Treaty Organization (NATO), and an event on women and peace and security in Ukraine had been held at the NATO summit in Madrid in 2022. The follow-up report on the second National Action Plan on Women and Peace and Security had been submitted to the parliament, and the third plan was expected to be prepared by the end of 2023.

Spain had established 500 mobile sexual and reproductive health units in collaboration with the United Nations Population Fund and had appointed an expert to investigate cases of sexual violence.

Ms. Rodríguez (Spain) said that the procedure for the participation of civil society organizations in the drafting of legislation consisted of prior consultations and a hearing following the approval of the draft by the Council of Ministers. The organizations had monitored the amendments to the legislation on abortion and transgender rights. They had submitted over 60,000 comments on the transgender legislation, including more than 7,000 recommendations for its enactment.

The Constitutional Court had ruled in 2019 that children who were sufficiently mature were entitled to have their gender identity changed in official documents. Children who had reached the age of 16 years could change their civil registration documents without parental authorization, children in the 14 to 16 age group required supervision by parents or legal guardians, children in the 12 to 14 age group required a legal ruling, and children under the age of 12 years were not entitled to take such action. Young people were now permitted under the transgender legislation to change their civil registration documents without having to show that they had undergone hormonal treatment.

The feminist movement was debating whether the Constitution should be amended in order to introduce provisions concerning the right to a life free of gender-based violence, the right to abortion and the right to choose one’s gender identity.

Ms. Ameline said that the Committee was concerned about existing regional disparities in the enforcement of the State party’s laws.

Ms. Dettmeijer -Vermeulen said that the Committee had adopted a decision in February 2020 on communication No. 138/2018 S.F.M. v. Spain concerning obstetric violence. It had concluded that articles 2 (b), (c), (d), and (f), 3, 5 and 12 of the Convention had been violated and had recommended that the State party should provide appropriate redress, including financial compensation, and take specific steps to ensure respect for women’s human rights in the context of pregnancy and reproductive health. The State party had submitted a follow-up response in February 2021. The complainant’s comments, which had been received in May 2021, had been transmitted to the State party. The Committee wished to know when it could expect a response to the comments.

A representative of Spain said that civil society organizations and experts in gynaecology and obstetrics had been consulted prior to the adoption of Organic Act No. 1/2023 amending Organic Act No. 2/2010 on Sexual and Reproductive Health. The amendment had responded to the Committee’s recommendations, particularly regarding women’s free, prior and informed consent in the context of antenatal and postnatal care. The Act also prohibited unnecessary interference in the process of childbirth and guaranteed full respect for the rights of pregnant women. Data were compiled on practices in hospitals throughout the country in order to ensure that they complied with international recommendations, including those issued by the Committee. The Act provided for compulsory training courses for personnel on sexual and reproductive health rights in gynaecology and obstetrics. The third Strategic Plan for the Effective Equality of Women and Men 2022–2025 provided for the assessment of antenatal and postnatal care throughout the country.

Ms. Rodríguez (Spain) said that a new cooperation framework on basic services and minimum standards of care for victims had been established with the autonomous communities, and there were plans to adopt a multiannual budget for the purpose. Priority was given to the prevention of gender-based violence. As there were many discrepancies between regions on the issue of abortion, the legislation on abortion included a provision aimed ensuring that abortions were conducted in a nearby public hospital, even if the hospital was not one of the autonomous community.

Ms. Manalo said she gathered that the Constitution had previously accorded superior status to men. She therefore wished to know whether a law containing a clear definition of discrimination and inequality had been enacted.

Noting the involvement of the State party in the women and peace and security agenda, she asked whether women participated on equal terms with men in the country’s army, navy and air force.

She would appreciate information on legal proceedings instituted by women, especially vulnerable women such as migrants, in the 106 courts that specialized in cases involving violence against women.

Ms. Morsy said she would welcome information on the role of the Sectoral Conference on Equality, the autonomous communities and the Spanish Federation of Municipalities and Provinces in promoting legal coordination and the implementation of the Convention in the different regions. She would also like to hear about the role and mandate of the Institute of Women. She wished to know whether the regional legislatures had adopted equality plans, whether the cooperation framework with the autonomous communities included an equality strategy, and whether gender equality was integrated into national plans and strategies to address climate change issues, such as water and energy. Referring to the National Statistics Plan 2020–2024, she asked whether the State party collected disaggregated data concerning all levels of the criminal justice system from the processing of complaints to the imposition of penalties, particularly regarding divorce and child custody. She would welcome information on financial guidelines or instructions concerning gender budgeting, and the alignment of budgetary objectives in qualitative and quantitative terms with human rights treaties.

Ms. Bonifaz Alfonzo said that she welcomed the preparation of the draft bill on the equal representation of men and women in decision-making bodies. She wondered whether the State party was planning or had taken measures to promote the participation in decision-making bodies of groups of women who faced intersecting discrimination, including Gitana women, lesbian, bisexual and transgender women and intersex persons, and women with disabilities. In the light of reports that women were significantly less likely to be invited to job interviews or promoted to senior positions, she wished to know what policies and special measures were applied to address discrimination against women in employment.

A representative of Spain said that all justice officials, including judges, prosecutors and forensic physicians received initial and in-service training on subjects including equality, gender mainstreaming, gender-based violence and trafficking in persons. Since 2019, the number of courses taught to justice officials by the Centre for Legal Studies had greatly increased. The Centre had developed open online training courses.

A representative of Spain said that the Comprehensive Act on Equal Treatment and Non-Discrimination, adopted in 2022, widened the definition of discrimination, introduced temporary special measures and identified areas in which action was required, such as in relation to school segregation and access to sanitation, employment and housing. The Act provided for the establishment of the Independent Authority for Equal Treatment and Non-Discrimination, which would have a mandate to receive complaints.

A representative of Spain said that a draft constitutional amendment currently before the parliament expressly mentioned women and children with disabilities. The Government had quadrupled the budget for implementation of the Gitano Development Plan and had increased funding for social entities, including women’s organizations. It also provided support for the Cali Programme for the equality of Gitana women, implemented by the Fundación Secretariado Gitano.

The Organic Act on Sexual and Reproductive Health and the Voluntary Interruption of Pregnancy had been amended to include provisions on support and accessibility for women and children with disabilities and ensure that they had control over their own bodies and health. The Organic Act on the Comprehensive Guarantee of Sexual Freedom also contained safeguards for women with disabilities. Female victims of gender-based violence had access to an emergency administrative procedure for the determination of disability and dependency, thus ensuring that they did not face delays in having their rights recognized. The Government was working on the next edition of the macrosurvey on violence against women, considering that the data collected would inform public policies to reduce and eradicate such violence.

The Government had set aside funding for the protection of women with disabilities within the framework of the State Pact against Gender Violence. Support and rehabilitation services, crisis centres and the 016 hotline were universally accessible, and €200 million had been invested in the accessibility of public services.

A representative of Spain said that the Institute of Women had been working on the issue of climate refugees since 2019, and the Government had adopted the National Climate Change Adaptation Plan for the period 2021–2030. The Institute of Women and the Ministry for Ecological Transition and the Demographic Challenge had adopted two protocols to mainstream the gender perspective in the energy and ecological transition.

Ms. de Silva de Alwis, noting that the Democratic Memory Act of 2022 provided for the teaching in secondary schools of the political history of the dictatorship, said that she would be interested to know what had been done to showcase the role of women in the transition to democracy. She wondered how the education system addressed widespread attitudes of machismo.

She would also be interested to know whether the courts applied the values of substantive equality and de facto equality as tools to broaden the interpretation of article 14 of the Constitution, and whether they took the Convention into account in their decision-making. She would welcome information on measures taken to address the structural causes of gender-based violence, especially economic inequality and poverty.

The Committee would appreciate an explanation of how the State party’s foreign and international development policies addressed violence and stereotypes against women around the world. She wondered what measures might be taken to mitigate bias and stereotypes in the workplace. Lastly, she asked how the Government planned to reform the regulatory landscape to mitigate digital violence and domesticate European legislation on artificial intelligence.

Ms. Leinarte said that, despite the Government’s efforts to combat trafficking in persons, the Committee was concerned that the current framework protocol for the protection of victims allowed neither the adequate identification of victims nor the participation of specialized NGOs. Given reports that the Government was preparing a comprehensive law on trafficking, she would be interested to know what progress had been made in that regard.

The Committee was also concerned that many undocumented migrants arriving in Spain were vulnerable to trafficking, and that the most common form of trafficking related to sexual exploitation. Considering that the proposed law to abolish prostitution and criminalize clients would be an effective tool for reducing trafficking in women and girls for sexual purposes, she asked what was the current status of the bill in question.

The Committee was further concerned that labour inspectors had no authority to identify trafficking victims and that fraudulent recruitment and other illegal practices had heightened workers’ vulnerability to forced labour. She would be grateful for information on any cases in which the authorities had detected labour exploitation, together with measures to address the problem.

A representative of Spain said that Organic Act No. 4/2000 on the Rights and Freedoms of Foreigners in Spain and Their Social Integration provided for the suspension of punitive administrative proceedings, including deportation, against any foreign woman who reported a situation of gender-based violence. Such women were immediately informed of their rights, including the right to apply for residence owing to exceptional circumstances.

The National Strategic Plan against Trafficking and Exploitation of Human Beings 2021–2023, which had been developed in cooperation with civil society, was centred on victims and established measures for their support and protection. The National Police and the Civil Guard had adopted strategic plans which included components on the fight against trafficking and the protection of vulnerable groups. Both agencies had stepped up inspections of high risk environments in order to detect trafficking and sexual exploitation.

A representative of Spain said that Spain had led the way in the punishment of online violence against women. The Organic Act on the Comprehensive Guarantee of Sexual Freedom, adopted in 2022, criminalized the sharing by third parties of intimate images and the creation of false profiles for the purposes of harassment and humiliation. Justice officials received specific training on dealing with digital violence. The proposed European Union regulation on artificial intelligence, to be known as the Artificial Intelligence Act, was currently pending adoption by the European Parliament. It was intended to ensure the ethical development of artificial intelligence in accordance with human rights law.

Spain completely committed to the fight against trafficking. The objectives of the draft bill against trafficking and the exploitation of human beings included the prevention and punishment of trafficking and related exploitation and the protection of victims. The draft bill established a national referral mechanism and took into account the need for enhanced cooperation with civil society and international bodies.

A representative of Spain said that the Government, working with civil society, had designed three tools to promote and restore the rights of victims of trafficking and exploitation. Firstly, it had established a model for the administrative accreditation of victims, which would allow them to receive comprehensive care, including financial and legal assistance, psychological support and access to housing, without having to file a criminal complaint. Secondly, it had adopted a plan for the integration of victims into society and the labour market, which aimed to provide them with a dignified way out of situations of rights violations. Thirdly, it planned to conduct a macrosurvey on trafficking, sexual exploitation and prostitution.

A representative of Spain said that combating violence against women was a priority of Spanish foreign policy; relevant measures were therefore included in bilateral association agreements and in strategic frameworks agreed with United Nations funds, programmes and agencies. Gender equality, diversity and the fight against sexual violence formed one component of the Spanish Humanitarian Diplomacy Strategy. Spanish consulates afforded protection for Spanish women who experienced gender-based violence abroad and sometimes facilitated their repatriation.

A representative of Spain said that one of the objectives of the Strategic Plan for the Effective Equality of Women and Men 2022–2025 was to involve the media in promoting non-stereotypical images of women. The State Strategy against Gender Violence 2022–2025 envisaged measures to combat stereotypes among professionals who worked to support victims and survivors of gender-based violence. Article 11 of the Organic Act on the Comprehensive Guarantee of Sexual Freedom prohibited stereotypes that encouraged or normalized sexual violence, in the sphere of advertising. Since 2015, the Observatory on Women’s Image had received over 6,000 complaints from members of the public regarding stereotyped portrayals of women. The Government had boosted funding for awareness campaigns that aimed to eliminate of violent stereotypes. Such campaigns had had a major impact on public opinion.

A representative of Spain said that two laws had been amended to improve the working and living conditions of female seasonal workers in the agricultural sector. The 2022 amendment to the implementing regulations of Organic Act No. 4/2000 created a new model of circular migration, while Royal Decree-Law 32/2021 encouraged the conversion of temporary contracts into permanent ones, affording better job security. Oversight of the agriculture sector had been strengthened under the Strategic Plan of the Labour and Social Security Inspectorate 2021–2023, and the law had been changed so that every infringement attracted an individual penalty. The Labour and Social Security Inspectorate and the Institute of Women had increased training and awareness-raising activities in countries of origin and in workplaces in Spain, including the dissemination of materials to inform female migrant workers of their rights.

Ms. Rodríguez (Spain) said that the Democratic Memory Act described the many forms of repression that Spanish women had suffered during the Civil War and the dictatorship, and their active role in the struggle for democracy. The amended Education Act provided for the teaching of civic and ethical values – a subject that would include democratic memory.

The draft bill against trafficking and the exploitation of human beings, which would soon be submitted to the parliament, envisaged the amendment of the Criminal Code to facilitate the prosecution of offences linked to the exploitation of prostitution. Criminal penalties would be imposed on clients who used the services of victims of sexual exploitation and on persons who provided premises where sexual exploitation could take place.

Ms. de Silva de Alwis said that she would like to know whether the State party had considered extending the protections under the Organic Act on the Comprehensive Guarantee of Sexual Freedom to other forms of violence such as incest or introducing a new category of violence for child witnesses of violence. It would be interesting to learn how the State party might harness artificial intelligence to detect patterns of serious violence in order to alert the authorities to impending femicide. She wondered whether the State party might use the rules on due diligence to ensure that the private sector played a role in addressing stereotypes, biases and violence in the workplace.

Ms. Ameline said that it would be useful to know how the State party might cooperate with countries in Latin America to combat human trafficking. It was her understanding that judicial proceedings related to violence in the family environment could be long and complicated. She would welcome an indication of any improvements that could be made. Information on any measures taken to detect and eliminate female genital mutilation would be useful. She would be interested in hearing about how the issue of children falling victim to violence or abuse in the family environment was being addressed?

Ms. Leinarte asked whether the upcoming legislation on trafficking would criminalize all buyers of sex or just those who bought sex from a person who had been trafficked.

A representative of Spain said that incest was covered by the Organic Act on the Comprehensive Guarantee of Sexual Freedom, which criminalized all forms of child sexual abuse, including by any relative of the child or any member of their household. The definition of those who fell within the scope of the law against such violence had been expanded to take into account new forms of family aside from blood relatives. In addition, the law now covered sexual crimes against children that did not involve making any physical contact. Criminal legislation had been amended to offer protections for children who had witnessed violence or had lived in a violent environment. A change in regulations meant that judges could suspend the visitation rights of suspected aggressors through a civil procedure, even if the person in question had not been convicted in the criminal courts.

Female genital mutilation was banned as a form of sexual violence. Awareness-raising and preventive activities concerning the practice were undertaken and relevant protocols had been drawn up in the health system.

A representative of Spain said that, under the 2007 Equality Act, all businesses were required to put in place processes to prevent sexual harassment and gender-based harassment. Under Royal Decree-Law 6/2019 on urgent measures to guarantee equal treatment and opportunities between women and men in employment and occupation, it was mandatory for businesses with 50 or more employees to have an equality plan with a procedure to address sexual harassment and gender-based harassment. Equality plans had to be publicly available. The authorities provided a model plan, examples of best practices and other support for implementation of the plans.

A representative of Spain said that the system to track gender-based violence, known as VioGén, had been introduced in 2007. The system had been continuously improved over the years in order to better evaluate risks, reduce recidivism and improve police response. Cases were classified on the basis of the risk, as assessed by the system, including to the children who were in the care of the victims. The system produced automatic alerts regarding the probability of recidivism and the likelihood that violence would escalate further. Those alerts were analysed by specially trained personnel to decide whether police action was needed.

Spanish law enforcement worked to combat trafficking in persons with international organizations and countries of origin and transit of possible victims. That collaboration involved sharing experiences and the provision of training to police officers in those countries.

A representative of Spain said that, while legal proceedings on gender-based violence could be long and complex, the advantage of the system was that the same court dealt with the criminal and civil aspects of cases. The Ministry of Justice had an obligation to ensure that those courts were also specialized in sexual violence from October 2023 onwards. All victims of gender-based violence were granted free legal assistance regardless of their income. In October 2023, that free assistance would be extended to victims of sexual violence, including victims of trafficking, sexual exploitation, female genital mutilation and forced marriage.

A representative of Spain said that the combination of the Organic Act on the Comprehensive Protection of Children and Adolescents against Violence and the Organic Act on the Comprehensive Guarantee of Sexual Freedom offered legal protections for children against all forms of violence. As a result of that legislation, detection had been improved in schools, health centres and family meeting points, or centres designed to promote the right of children who did not live with their parents to have contact with them. The staff of family meeting points were trained in detecting all forms of violence against children. Under the legislation, it was mandatory to offer comprehensive assistance to all children who had experienced or witnessed gender-based violence in their homes or who were victims of sexual violence. Care for children who had experienced sexual violence followed the barnahus model aimed at preventing traumatization during judicial proceedings. Children had the right to be heard and it was mandatory for trained professionals to be involved in that process and for appropriate methods to be used.

Ms. Rodríguez (Spain) said that the aspects of the legislation on the protection of victims of trafficking had been approved and the pending provisions covered the criminal penalties for procuring sex work. The intention was not to criminalize all buyers of sex but just those who bought sex from a person who had been trafficked. There were currently administrative sanctions in place that could be applied to sex workers and to clients. However, those sanctions had been applied in an unequal manner, mainly to sex workers. The Group of Experts on Action against Trafficking in Human Beings of the Council of Europe had indicated that the situation needed to be remedied. The upcoming legislation against trafficking would therefore criminalize those who bought sex from persons who had been trafficked and those who provided premises for that purpose.

Articles 7–9

Mr. Safarov said that he would like to know what measures the State party had adopted to increase the representation of women in the judiciary. It would be useful to have statistics on the number of women judges in different courts, including the Supreme Court. He wondered how the State party was supporting women’s access to intellectual property rights and artificial intelligence. Statistics disaggregated by sex would be welcome in that regard. He would like an indication, including statistics where available, of how many women held senior positions in sporting federations, technology companies, academia, the private sector, multinational companies, media outlets, diplomatic missions, the military, the navy and local and municipal governments. It would be interesting to learn how the State party was increasing the representation of women in law enforcement agencies and how well women were currently represented in prosecutor’s offices and police departments. He wondered whether there were any leadership programmes designed to increase the numbers of women in management roles in industries where they had traditionally been underrepresented, such as oil and gas, construction and tourism. The delegation was invited to share any measures taken to encourage girls to take on leadership roles and improve their access to the technology and innovation sector. He wished to know more about the representation of women with disabilities in the parliament.

Ms. Leinarte said that, while she commended the State party’s gender-sensitive approach to asylum applications, it was her understanding that there was a backlog of such applications, and she would like to know how it might be cleared. In 2020, the Constitutional Court had endorsed the citizens’ security law that allowed for the pushing back of asylum-seekers at the land border with Morocco. She wished to know whether the law had been assessed in terms of its impact on human rights.

A representative of Spain said that, while women held 56 per cent of roles in the judicial profession, it was true that they were underrepresented in the upper echelons and made up only 22 per cent of the Supreme Court. The Attorney General was a man but many of the senior positions in his office were held by women, a number of whom had training in gender issues. Gender equality had not yet been achieved in the Constitutional Court or the labour tribunals. There was a new equality plan for the judicial profession that included measures to promote equal participation at all levels and to ensure that gender-sensitive language was used. The plan was yet to be implemented.

A representative of Spain said that woman with disabilities were still a minority in decision-making bodies. Significant efforts were therefore being made to inform women with disabilities of their rights and how to exercise those rights. Some €200 million had been made available to address accessibility issues in public buildings. The national legislation had been amended to ensure that persons with disabilities were able to exercise their right to vote. Civil and procedural legislation had been amended to empower persons with disabilities to participate in the legal system and ensure that their voices were heard.

A representative of Spain said that her country had responded immediately to the outbreak of the war in Ukraine and had opened four reception centres for Ukrainian refugees, the majority of whom were women and children. The centres, which had welcomed more than 170,000 people, had taken a gender-sensitive approach with a focus on integration, including integration into the labour market.

A representative of Spain said that the use of force by the national law enforcement agencies was limited to very specific cases. The disproportionate or inappropriate use of force carried criminal penalties. There were mechanisms for the independent and impartial investigation of complaints of the disproportionate use of force by the police. A national office for guaranteeing respect for human rights had been established in the Ministry of the Interior and was tasked with evaluating all State actors’ compliance with their human rights obligations.

With respect to the principle of non-refoulement, his country complied with its international obligations. Any person seeking international protection could file an application with the police authorities at the border posts of Spain. New international protection offices had been opened in Ceuta and Melilla, information systems were being updated and a new protocol was being introduced to streamline the asylum process.

The meeting rose at 1 p.m.