Organic Law 1/2004 of 28 December on Integrated Protection Measures against Gender Violence Spain

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JUAN CARLOS I

KING OF SPAIN

To all those who read and understand the present law

Be it known that Parliament has approved and I have signed into law the

following Organic Act:

PREAMBLE

I

Gender violence is not a problem confined to the private sphere. On the contrary,

it stands as the most brutal symbol of the inequality persisting in our society. It is

violence directed against women for the mere fact of being women; considered, by their

aggressors, as lacking the most basic rights of freedom, respect and power of decision.

Article 15 of our Constitution recognises the right of all people to life and to

physical and moral integrity, stating that they may in no case be subjected to torture or

to inhuman or degrading punishment or treatment. Our Magna Carta goes on to state

that these rights are binding on all public authorities, and that their exercise may only be

regulated by law.

The United Nations Organisation at its 4th World Conference in 1995 affirmed

that violence against women was an obstacle to the achievement of the objectives of

equality, development and peace and that it violated and impaired the enjoyment of

human rights and fundamental freedoms. It also defined such violence in a broad sense

as an expression of the historically unequal relations of power between men and

women. There is now even a technical definition of the battered woman syndrome

which comprises “the aggressions suffered by women as a result of the sociocultural

constraints acting on the male and female sex, placing them in a position of

subordination to men and expressed in the three basic settings of personal relations;

abuse within the partner relationship, sexual aggression in social life and harassment at

work”.

Aggressions against women have a particular incidence in the reality of Spain,

in that we now have a greater awareness than before about their repercussions, thanks

largely to the work of women’s organisations in their fight against all forms of gender

violence. They no longer constitute an “invisible crime” but are the object of collective

rejection and a clear cause of social alarm.

II

The public authorities cannot remain indifferent to gender violence, which

stands as one of the most flagrant attacks on the basic rights such as freedom, equality,

life, integrity and non discrimination defended by our Constitution. These same public

authorities are obliged under the terms of article 9.2 of the Constitution, to deploy

positive action measures to make these rights real and effective, removing any obstacles

which prevent or impede their full enjoyment.

In the last few years, Spanish legislation has seen a number of advances in the

fight against gender violence, including Organic Act 11/2003 of 29 September on

Specific Measures relating to Citizens’ Security, Domestic Violence and the Social

Integration of Foreign Nationals; Organic Act 15/2003 of 25 November, amending

Organic Act 10/1995 of 23 November on the Criminal Code, or Act 27/2003 of 31 July,

regulating the Protection Order for Victims of Domestic Violence; in addition to the

laws enacted by different Autonomous Communities within the scope of their powers.

The provisions of these legal texts have touched on different civil, criminal, social and

educational areas.

This Act will take up the recommendations of international bodies on providing

a global response to the violence exercised against women. We can quote in this regard

the 1979 Convention on the elimination of all forms of discrimination against women;

the United National Declaration on eradicating violence against women, issued in

December 1993 by the General Assembly; the resolutions of the last World Conference

on Women held in Beijing in September 1995; resolution WHA49.25 of the World

Health Assembly, issued by the WHO in 1996, declaring violence a priority public

health problem; the European Parliament report of July 1997; the resolution of the

United Nations Human Rights Commission of 1997; and the declaration of 1999 as the

European Year for Action to Combat Violence against Women, among others. Just

recently, Decision 803/2004/EC of the European Parliament approved a community

programme of action (2004-2008) to prevent and fight violence against children, young

people and women and protect its victims and groups at risk (the Daphne II

programme), which sets out the stance and strategy on this issue of the representatives

of Union citizens.

The Act extends its scope to preventive, educational, social, welfare and victim

support initiatives, as well as the civil law rules applying to the family or analogous

relational context where most aggressions take place, and the principle of government

authority subsidiarity. It is also resolute in addressing the punitive response to be meted

out to all manifestations of the violence dealt with.

Gender violence is approached from an integrated, multidisciplinary standpoint,

starting from the processes of education and socialisation.

The pursuit of equality and respect for human dignity and individual liberties

must be a priority objective at all levels of socialisation.

The Act introduces sensitisation and intervention measures in the education

sphere. It also seeks to reinforce an image of women that respects their dignity and equality, with particular reference to the world of advertising. Support is proffered to

the victims of violence by recognising their right to information, free legal counsel and

other measures of social protection and economic assistance. It thus provides an

integrated legal response that encompasses both trial proceedings, with the creation of

new courts, and substantive civil and criminal legislation, including specific training for

the health, police and judicial personnel entrusted with obtaining evidence and

enforcing the law.

Sensitisation and intervention measures are likewise directed at the health sector,

to optimise early detection as well as the physical and psychological care given to

victims, in conjunction with other support measures.

Situations of violence against women also affect minors sharing their family

environment, who may suffer their consequences both directly and indirectly. The Act

also addresses their protection, not only to safeguard their rights as minors but also to

ensure the effectiveness of the protection measures taken for women.

III

The Act is organised into a preliminary title, five titles, twenty additional

provisions, two transitional provisions, one derogatory provision and seven final

provisions.

The preliminary title sets out the general provisions of the Act with regard to its

purpose and guiding principles.

Title I sets out sensitisation, prevention and detection and intervention measures

in a number of contexts. In the education sphere, it specifies the duties of the system to

instil values of respect for the dignity of women and equality between men and women.

The essential goal of education is to give children the skills they need to form their own

identity, and to build a conception of reality which embraces both an understanding and

ethical valuation.

In secondary education, sexual equality and the rejection of violence against

women become part of the curriculum. Likewise, School Councils will henceforth have

a designated member to promote educational measures in favour of equality and against

gender violence.

In advertising, all materials must respect the dignity of women and their right to

an image that is neither stereotyped nor discriminatory, whether such materials are on

display in private or public communication media. The rules governing legal actions for

the withdrawal or rectification of advertisements are modified, whereby such actions

may now be initiated by institutions and associations working for equality between men

and women.

In the health sphere, new measures are envisaged regarding early detection and

assistance to victims, while specific protocols will be applied in the case of aggressions

resulting from gender violence, which shall be referred to the relevant courts in order to

speed up legal proceedings. A special Commission is created under the Interterritorial Council of the National Health Service to advise on, coordinate and evaluate the

healthcare measures established herein.

Title II deals with the rights of the female victims of violence. The text of

Chapter I guarantees their right to information and integrated social assistance through

permanent, emergency care services that offer specialized help delivered by

multidisciplinary professional teams. In order to help with the set-up of these services, a

Fund will be established which can be drawn on by Autonomous Communities under

objective criteria to be decided at the corresponding Sectoral Conference.

Victims will also be entitled to free legal assistance to ensure that those without

the economic means to litigate have the services of a lawyer for all the gender violence

processes and procedures to which they are a party, with the same counsel handling all

processes. This right is extended to those suffering damage in the event of the victim’s

death.

Protection measures are also deployed in the employment area, by an

amendment to Legislative Royal Decree 1/1995 of 24 March approving the consolidated

text of the Workers’ Statute Act which authorises the absence from work of gender

violence victims, while facilitating their geographical mobility, temporary suspension of

employment with reserve of post, and the termination of employment contracts.

Identical support measures are provided to civil servants suffering the violence

addressed herein by amending the corresponding sections of Civil Service Reform Act

30/1984 of 2 August.

Economic support measures are likewise established through the amendment of

Legislative Royal Decree 1/1994 of 20 June approving the consolidated text of the

General Social Security Act, such that the victims of gender violence are entitled to the

legal consideration of unemployed when they voluntarily terminate or suspend their

employment contract.

Special assistance is established for the victims of gender violence lacking

economic means, when it is considered that their age, general lack of specialist skills

and social circumstances are a handicap to substantially improving their employability.

In such cases, victims may join a targeted action programme aimed at their professional

insertion. This assistance, which will be scaled to the age and family responsibilities of

the victim, is designed basically to provide them with a minimum subsistence income

so they can live independently of their aggressor; such assistance will be compatible

with the aids envisaged in Act 35/1995 of 11 December on Aids and Assistance to the

Victims of Violent Crimes and Crimes against Sexual Liberty.

Title III, dealing with institutional protection, provides for the creation of two

administrative bodies. Firstly, the Special Government Delegation on Violence against

Women, within the Ministry of Employment and Social Affairs, whose functions will

include the drafting of Government policies on violence against women, and

coordinating and promoting all actions taken in this area, necessarily including actions

designed to enforce the guarantee of women’s rights. Secondly, the State Observatory

on Violence against Women, a collegiate body attached to the Ministry of Employment

and Social Affairs, whose main functions will be to serve as a centre of analysis regarding the status and evolution of violence against women, and to advise and

collaborate with the Delegation in drafting proposals and measures to eradicate this type

of violence.

Title IV introduces regulations under criminal law, creating a specific category

of serious assault, subject to increased penalties, when the injury is done to the wife or

former wife of the accused, or a woman with whom he shares or has shared an

analogous affective relationship, with or without cohabitation. Minor instances of

coercion or threats against such women shall likewise be regarded as punishable

offences.

The intention in this case is to provide a firm response to all citizens, women and

especially those suffering these kinds of aggression, by unhesitatingly categorizing them

as discrete criminal offences.

Title V establishes the judicial protection to be afforded to victims of gender

violence inside the family, to guarantee an appropriate and effective treatment of their

legal, family and social situation.

From a legal standpoint, this is a complex phenomenon that requires a multipronged

approach covering everything from procedural and substantive rules to

provisions for the care of victims. This is only possible through a specific legislative

text.

An Act to prevent and eradicate violence against women must establish rules of

procedure allowing fast-track, summary trials, as provided for in Act 27/2003 of 31

July. These must also be combined, in the criminal and civil spheres, with protection

measures for women and their children, and interim measures of urgent enforcement.

Current civil, criminal, advertising, employment and administrative regulations

have serious shortcomings in these respects, primarily because the question of gender

violence has not so far met with a global, multidisciplinary response. From the criminal

standpoint, the remedy must never result in a new injury to the woman.

Regarding judicial measures to ensure an appropriate and effective treatment of

the legal, family and special situation of the female victims of family violence, the

following provision have been made: in keeping with Spanish judicial tradition, the

formula chosen is one of the specialisation in the criminal system of Investigating

Judges, with the creation of specific Violence against Women Courts, rather than

creating a new jurisdictional system or assigning criminal law competences to Civil

Court Judges. These new Courts will examine and, where appropriate, rule on criminal

cases involving violence against women, as well as any related civil causes, such that

both are dealt with in first instance before the same bench. This assures a mediation that

guarantees due legal process with regard to the fundamental rights of the presumed

offender, without impairing the legal possibilities under this Act to give victims the

most immediate, complete and effective protection, and the means to avoid any

repetition of the abuse, or escalation in the degree of the violence.

Regarding the express regulation of the protective measures the Violence against

Women Judge can take, it has been decided that these should be explicitly stated. The reason is that they are not listed as interim measures in the Criminal Procedure Act,

which only regulates exclusion and restraining orders for the crimes stipulated in article

57 of the Criminal Code (article 544 bis of the Criminal Procedure Act, implemented by

Organic Act 14/1999). Interim measures, it has also been decided, may only remain in

force until the process has concluded. However, a clause is added whereby any of these

protection measures can be used as a security measure from the start or during the

enforcement of judgement, thereby enlarging the list in article 105 of the Criminal Code

(implemented by Organic Act 11/1999), and allowing the Judge to guarantee victims

protection beyond the termination of court proceedings.

Other regulations, affecting the Public Prosecutor’s Office, create the figure of

Public Prosecutor for Cases of Gender Violence, entrusted with supervising and

coordinating the actions of the said Office in this area, as well as an equivalent Section

in each Prosecutor’s Office of the Regional High Courts and County Courts, which will

likewise have specialist Prosecutors attached. These Prosecutors will appear in criminal

proceedings with regard to acts constituting crimes or offences within the jurisdiction of

the Violence against Women Courts, as well as intervening in civil processes of

annulment, separation and divorce, or hearings for the guardianship and custody of

minors in cases of alleged abuse of wife or children.

The Act’s additional provisions represent a far-reaching reform of the judicial

system to adapt current legislation to the new framework established by its text. In order

to harmonise existing rules and provide a coordinating nexus between legal texts, part

of this comprehensive reform is enacted by amending present regulations. Hence the

additional provisions implement the measures envisaged in its articles, but writing them

directly into current educational, advertising, employment, social security and civil

service legislation; likewise, these provisions devote specific attention to the recognition

of pension rights and allocations to the Fund envisaged in the Act to facilitate integrated

social assistance to the victims of gender violence.

Transitional provisions extend the application of this Act to the judicial

proceedings in progress when it comes into force, while respecting the competences of

each court.

Lastly, a series of final provisions confer enabling powers for the regulatory

implementation of its precepts.

PRELIMINARY TITLE

Article 1. Purpose of the Act.

1. The purpose of this Act is to combat the violence exercised against women by

their present or former spouses or by men with whom they maintain or have

maintained analogous affective relations, with or without cohabitation, as an

expression of discrimination, the situation of inequality and the power relations

prevailing between the sexes.

2. The present Act establishes integrated protection measures whose goal is to

prevent, punish and eradicate this violence and lend assistance to its victims. 3. The gender violence to which this Act refers encompasses all acts of physical and

psychological violence, including offences against sexual liberty, threats,

coercion and the arbitrary deprivation of liberty.

Article 2. Guiding principles.

This Act deploys a comprehensive battery of measures in pursuit of the

following ends:

a) Strengthen preventive awareness among citizens, providing the public

authorities with effective instruments to fulfil this goal in the educational, social

services, health, advertising and media spheres.

b) Establish the rights of women suffering gender violence, which shall be

enforceable through the public authorities, to ensure them rapid, transparent and

effective access to the services provided.

c) Improve the provision of information, care, crisis, support and integrated

recovery services at least to the minimum standards required under the

objectives of this Act, and establish a system to effectively coordinate existing

services at regional and municipal levels.

d) Guarantee employment conditions, in the private and public sectors, which

reconcile contractual requirements with the circumstances of workers or civil

servants suffering gender violence.

e) Guarantee economic rights for women suffering gender violence in order to

facilitate their social integration.

f) Establish a comprehensive system of institutional protection whereby the

General State Administration, through the Special Government Delegation on

Violence against Women in conjunction with the State Observatory on Violence

against Women, promotes public policies designed to offer safeguards to the

victims of gender violence.

g) Reinforce the criminal and procedural framework in place to ensure that gender

violence victims are accorded full protection by the courts.

h) Coordinate the range of resources and instruments deployed by different public

authorities to maximise the prevention of gender violence incidents, and ensure

that, when they occur, the authors receive appropriate penalties.

i) Promote the collaboration and involvement of civil entities, associations and

organisations engaged in the fight against gender violence.

j) Encourage the specialisation of the professional groups providing information,

care and protection to victims.

k) Uphold the principle of across-the-board application, so the specific needs and

demands of all women suffering gender violence are taken into account.

TITLE I

Sensitisation, protection and detection measures

Article 3. Sensitisation plans.

1. With immediate effect from the entry of this Act, and the corresponding

budgetary allocation, the Government shall launch a National Sensitisation and

Prevention Plan regarding Violence against Women which should at least:

Present to society of new scales of values based on respect for basic rights

and liberties and the equality of men and women, and on the exercise of

tolerance and freedom as part of the democratic principles of coexistence,

viewed within the context of gender relations.

Target both men and women from a platform of intercultural, communitybased

work.

Envisage a comprehensive supplementary training and recycling programme

for the professionals dealing with situations of gender violence.

Be overseen by a broad-based Commission, to be created within one month

at most, whose members shall include victims, institutions, professionals and

people of acknowledged repute for their work on this issue.

2. The public authorities shall also, within the scope of their powers, promote

specific information and sensitisation campaigns aimed at preventing gender

violence.

3. Information and sensitisation campaigns against this form of violence shall be

conducted in such a way as to ensure full disabled access to all activities.

CHAPTER I

In education

Article 4. Principles and values of the education system.

1. The Spanish education system shall make the teaching of respect for

fundamental rights and liberties and the equality of men and women a part of its

objectives, along with the exercise of tolerance and freedom within the

democratic principles of peaceful coexistence.

Likewise, the quality checkpoints of the Spanish education system shall

include the removal of obstacles in the way of full equality between men and

women, and education in the avoidance of conflicts or their peaceful solution.

2. Pre-school education will seek to develop conflict-solving ability from an early

age.

3. Primary education will help students to become skilled in the peaceful solution

of conflicts and to understand and defend sexual equality.

4. Compulsory secondary education will help develop students’ ability to relate

peacefully to others and to understand, value and defend the principle of equal

opportunities between men and women.

5. Upper secondary education and professional training will develop students’

ability to consolidate their personal, social and moral maturity, so they act

responsibly and independently, and to analyse and criticise gender inequalities

and foster real, effective equality between men and women.

6. Adult education will seek to develop skills in the peaceful solutions of conflicts

and promote respect for the dignity of the individual and equality between men

and women.

7. Universities will incorporate and encourage teaching and research on gender

equality across the full range of academic studies and activities.

Article 5. Immediate school enrolment in cases of gender violence.

The competent authorities shall provide for the immediate school enrolment of

children having to change residence due to acts of gender violence.

Article 6. Fostering equality.

In order to promote effective equality between men and women, the education

authorities shall ensure that sexist, discriminatory stereotypes are removed from all

educational materials, which should seek to instil values of sexual equality.

Article 7. Induction and ongoing training of teaching staff.

The education authorities shall take all necessary measures to ensure that

teaching staff induction and ongoing training courses include specific training on

equality issues, so they are equipped with the knowledge and techniques to

undertake the following:

a) Education in respect for basic rights and liberties and the equality of men and

women, and the exercise of tolerance and freedom within the democratic

principle of coexistence.

b) Education in conflict avoidance and peaceful conflict solving in all areas of

personal, family and social life.

c) The early detection of violence within the family, especially that directed at

women and children.

d) The development of attitudes favouring the exercise of equal rights and

obligations for men and women in the public and private sphere, and the sharing

of domestic tasks between both sexes.

Article 8. Participation in School Councils.

Steps shall be taken to ensure that School Councils work for educational

initiatives encouraging real and effective equality between men and women. To this

same end, the National Schools Council shall include representatives from the

Institute for Women’s Issues, and organisations defending women’s interests which

operate throughout national territory.

Article 9. The duties of educational inspection services.

Educational inspection services shall oversee the compliance with and

application of the principles and values set out in this chapter on the education

system, whose aim is to foster real equality between men and women.

CHAPTER II

In advertising and the communications media

Article 10. Illegal advertising

As provided by General Advertising Act 34/1988 of 11 November, advertising

material that uses the image of women in a degrading or discriminatory manner

shall be deemed to be illegal.

Article 11.

The public entity whose job it is ensure that audiovisual media meet their

obligations will take all necessary measures to ensure a portrayal of women

consistent with constitutional principles and values, without prejudice to any action

that may be initiated by other entities.

Article 12. Powers to apply for withdrawal or rectification.

The Special Government Delegation on Violence against Women, the Institute

for Women’s Issues or the equivalent body in each Autonomous Community, the

Public Prosecutor’s Office and Associations whose sole purpose is to defend the

interests of women are empowered to apply to the Courts for the withdrawal of

advertising material deemed illegal for using the image of women in a degrading

manner, under the terms of General Advertising Act 34/1988 of 11 November.

Article 13. Communications media.

1. The public authorities shall ensure strict compliance with current legislation as

regards the protection and safeguarding of fundamental rights, with particular

attention to eradicating media conducts that place women in a situation of

inequality.

2. The public authorities will promote self-regulation agreements complete with

effective preventive controls and mechanisms to favour the extrajudicial

resolution of conflicts, by this means favouring compliance with advertising

legislation.

Article 14.

The communications media shall work for the protection and safeguarding of

sexual equality, avoiding any discrimination between men and women. Reports concerning violence against women, within the requirements of

journalistic objectivity, shall do the utmost to defend human rights and the freedom

and dignity of the female victims of gender violence and their children. In particular,

they shall take special care in the graphic treatment of such items.

CHAPTER III

In healthcare

Article 15. Sensitisation and training.

1. The health authorities, through the Interterritorial Council of the National Health

Service, shall promote and facilitate actions among health professionals for the

early detection of gender violence, and will deploy all the means they consider

necessary to optimise the health sector’s contribution to combating this type of

violence.

2. In particular, sensitisation and ongoing training programmes shall be organised

for healthcare professionals in order to facilitate and improve early detection and

the care and recovery of women suffering gender violence.

3. The competent educational authorities shall ensure that degree and diploma

programmes and the specialisation courses aimed at social work and healthcare

professionals incorporate contents to skill them in the prevention and early

detection of gender violence, taking action in cases and providing supports to

victims.

4. National Health Plans shall include a section on the prevention and integrated

treatment of cases of gender violence.

Article 16. The Interterritorial Council of the National Health Service

Within a year of this Act coming into force, the Interterritorial Council of the

National Health Service shall set up a Commission against Gender Violence to

provide technical support and guidance in implementing the initiatives envisaged

herein, to evaluate and put forward the necessary measures for the application of the

health service protocol, and any other measures it deems of use in helping the health

service eradicate this kind of violence.

The Commission against Gender Violence of the Interterritorial Council of the

National Health Service shall be made up of representatives from all the

Autonomous Communities with powers in the matter.

Observatory on Violence against Women and the Plenum of the Interterritorial

Council. TITLE II

The rights of female victims of gender violence

CHAPTER I

The right to information, integrated social assistance

and free legal counsel

Article 17. The guarantee of victims’ rights.

1. All women suffering gender violence, regardless of their origin, religion or any

other personal or social condition or particular, are guaranteed the rights

recognised herein.

2. The information, integrated social assistance and legal assistance to gender

violence victims envisaged in this chapter shall help give real and effective

expression to their constitutional rights to physical and moral integrity, freedom,

security and equality and non discrimination on the grounds of sex.

Article 18. The right to information.

1. Female victims of gender violence have the right to receive comprehensive

information and advice adapted to their personal circumstances, through the

services, agencies and offices provided by the public authorities.

The said information shall include the measures envisaged in this Act for their

protection and security, and the rights and assistance provided therein, along

with details on the location of care, crisis, support and integrated recovery

services.

2. All necessary steps will be taken to ensure disabled women suffering violence

full access to information on their rights and the resources at their disposal. Such

information shall be provided in a format that is accessible and understandable

for people suffering disabilities, such as sign language or other communication

modes or options, including alternative or augmentative systems.

3. Likewise, the means shall be put in place so women suffering gender violence

whose personal and/or social circumstances may hinder their access to

information are assured the effective exercise of this right.

Article 19. The right to integrated social assistance.

1. The female victims of gender violence are entitled to receive care, crisis, support

and refuge, and integrated recovery services. The organisation of such services

by the Autonomous Communities and local authorities shall reflect the

principles of 24-hour attention, urgent action, specialised care and professional

multidisciplinarity.

2. Multidisciplinary care shall in all cases involve:

a) Information to victims

b) Psychological assistance

c) Social assistance

d) Monitoring of women’s rights claims

e) Educational support to the family unit f) Preventive training in the values of equality conducive to their personal

development and their skilling in non-violent conflict solving.

g) Support to employment training and insertion.

3. Services shall be organised to ensure the effectiveness of their delivery by means

of staff specialisation and one-stop capabilities.

4. Such services will act in coordination with each other and in collaboration with

the Police, Violence against Women Judges, the health services and the

institutions responsible for providing victims with legal counsel, in the

corresponding geographical zone. They may also apply to the Judge for any

emergency measures they deem necessary.

5. Minors under the parental authority, guardianship or custody of the victim shall

also be entitled to receive integrated assistance through these services. Social

service departments should have staff qualified in dealing with minors, in order

to prevent or avoid situations which might cause mental or physical harm to

minors living in a family setting where there is gender violence.

6. The cooperation instruments and procedures between the General State

Administration and the Autonomous Communities on matters regulated herein

shall include a commitment by the General State Administration to provide

funding earmarked for the provision of these services.

7. Equality bodies shall input to and evaluate the programmes and actions

undertaken and issue recommendations for their improvement.

Article 20. Legal aid

1. Women victims of gender violence who prove they have insufficient means to

initiate legal action, as stipulated in Act 1/1996 of 10 January on Free Legal Aid,

have the right to be defended and represented free of charge by a Lawyer or

Court Representative in all administrative processes and proceedings that ensue

directly or indirectly from the violence suffered. In such cases, a single legal

counsel shall take on the defence of the victim. This right is extensive to the

successors in interest in the event that a victim dies. In any case, all victims of

gender violence who so request shall be guaranteed free, specialist legal

services, immediately available, notwithstanding that if they are later refused

entitlement to free legal aid they must pay the appearing lawyer the fees

corresponding to his or her intervention.

2. In any event, the provision of legal representation and counsel to the victims of

gender violence shall be as prescribed by Act 1/1996 of 10 January on Free

Legal Aid.

3. Bar associations which require specialisation courses for future duty lawyers,

shall ensure that these include specific training to help them exercise an effective

professional defence of gender violence victims.

4. Bar associations shall likewise take the necessary steps to allow the urgent

appointment of a duty lawyer in gender violence proceedings. CHAPTER II

Employment rights and Social Security benefits

Article 21. Employment and Social Security rights.

1. Women workers suffering gender violence shall be entitled to a reduction or

reorganisation of their working hours, geographical mobility, change of

workplace, the suspension of employment with their post reserved, and the

termination of their employment contract, under the terms laid down in the

Workers’ Statute.

2. The suspension or termination of employment contracts as referred to above

shall entail a legal situation of unemployment under the terms envisaged in the

Social Security Act. The time employment is suspended shall be considered an

effective contribution period for the purposes of unemployment and Social

Security benefits.

3. Companies concluding interim supply contracts to cover for female workers

who are victims of gender violence and have suspended their employment or

exercised their right to geographical mobility or a change of workplace shall be

entitled to a 100% refund of their employer Social Security contributions for

common contingencies during the period the said workers’ employment is

suspended, or over a period of six months in the event of geographical mobility

or a change of workplace. Such workers returning to their posts shall enjoy the

same conditions as when their employment contract was suspended.

4. Worker absences or lateness motivated by the physical or mental effects of

gender violence shall be deemed to be justified when this is the opinion of the

relevant social services or health service department, as the case may be,

notwithstanding that the worker should advise her employer of such absences

with the greatest possible notice.

5. Self-employed workers who are the victims of gender violence and stop working

in the interests of protection or to exercise their right to integrated social

assistance shall be released from paying Social Security contributions for six

months, which period shall nevertheless count in full towards future Social

Security benefits. They shall likewise receive the same consideration as if they

were active.

For the purposes of the preceding paragraph, the contribution base applied shall

be equivalent to the average of the contribution bases paid in the six months

before the payment obligation was suspended.

Article 22. Specific employment programme.

A specific action programme will be introduced in the framework of the

Kingdom of Spain Employment Action Plan to cater for gender violence victims

registered as seeking work.

This programme will include measures to help them start up a new activity as

self employed. Article 23. Accreditation of situations of gender violence suffered by female workers.

The situations of violence activating the rights regulated in this chapter shall be

accredited by the protection order in the victim’s name. Exceptionally, a report of

the Public Prosecutor’s Office stating that evidence exists that the claimant is a

victim of gender violence may suffice as accreditation until a protection order is

issued.

CHAPTER III

The rights of civil servants

Article 24. Description of rights.

Female civil servants suffering gender violence shall be entitled to a reduction or

reorganisation of their working hours, geographical mobility, a change of workplace

and leave of absence under the terms laid down in government sector-specific

legislation.

Article 25. Justification of absences.

Total or partial absences from work motivated by the physical or mental effects

of the gender violence suffered by a female civil servant shall be deemed to be

justified under the terms laid down in government sector-specific legislation.

Article 26. Accreditation of situations of gender violence suffered by female civil

servants.

Accreditation of the situation of violence activating the rights to geographical

mobility, change of workplace, leave of absence and the reduction or reorganisation

of working hours shall be as established in article 23.

CHAPTER IV

Economic rights

Article 27. Social aids.

1. When the income of a victim of domestic violence, on a monthly basis, is no

more than 75 percent of the minimum interprofessional wage, excluding the part

corresponding to two extra payroll payments, she may receive a single, lumpsum

benefit if the presumption is that her age, lack of general or specialist skills

and social circumstances will make it particularly hard for her to find

employment, meaning she will not participate in the professional insertion

programmes provided.

2. The amount of this aid shall be equal to six months of unemployment subsidies.

When the victim of gender violence is officially categorised as having 33 percent or more disability, the amount will be equal to 12 months of

unemployment subsidies.

3. These aids, which are paid out of the General State Budget, shall be granted by

the competent social services department. The application file shall include a

report from the Public Employment Service confirming that, for the reasons set

out in 1. above, the victim’s employability is unlikely to be much improved by

her undertaking the employment programme.

The reality of the situation of violence suffered shall be accredited as set out in

the above article 23.

4. If the victim has family responsibilities, the amount of aids may equate to 18

months of subsidies; or 24 months if she or a family member living with her is

officially categorised as having 33 percent or more disability, under terms to be

specified in the implementing provisions to this Act.

5. These aids shall be compatible with those envisaged in Act 35/1995 of 11

December on Aid and Assistance to the Victims of Violent Crimes and Crimes

against Sexual Freedom.

Article 28. Access to housing and residences for the elderly.

Women suffering gender violence shall be considered priority groups for access

to subsidised housing and residences for the elderly under the terms laid down in the

applicable legislation.

TITLE III

Institutional protection

Article 29. The Special Government Delegation on Violence against Women.

1. The Special Government Delegation on Violence against Women, attached to

the Ministry of Employment and Social Affairs, shall draft the public policies on

gender violence matters to be implemented by the Government, and shall

coordinate and promote all actions taken in this regard, working in collaboration

and coordination with the competent authorities.

2. The head of the Special Government Delegation on Violence against Women

shall be empowered to intervene before the courts in defence of the rights and

interests upheld by this Act in collaboration and coordination with the competent

authorities.

3. The rank and specific functions to be exercised by the head of the Special

Government Delegation on Violence against Women shall be regulatorily

determined.

Article 30. The State Observatory on Violence against Women.

1. The State Observatory on Violence against Women shall be set up as a

collegiate body attached to the Ministry of Employment and Social Affairs to

provide advice and analysis on gender violence matters as well as handling

institutional collaboration, the preparation of reports and studies, and proposals

for action in the sphere. Such reports, studies and proposals shall lend particular

attention to the women most at risk of suffering gender violence or who have most difficulties accessing services. In any event, the data contained in these

reports, studies and proposals shall be presented with a breakdown by sex.

2. The State Observatory on Violence against Women shall send an annual report

to the Government and Autonomous Communities on the evolution of gender

violence, under the terms stated in article 1 of this Act, examining the types of

offences committed and the effectiveness of the measures deployed to protect

victims. The report shall also single out areas for legal reform to guarantee that

the measures adopted are in practice conferring strong enough protection on the

victims of gender violence.

3. Its functions, operational regime and composition shall be regulatorily

determined, with a role being assured, in any event, for the Autonomous

Communities, local authorities, the social agents, consumer and user

associations, and women’s organizations with a nationwide reach, as well as the

most representative employers’ and trade union organisations.

Article 31. National law enforcement and security agencies.

1. The Government shall set up dedicated units within the national law

enforcement and security agencies specialising in the prevention of gender

violence and supervising the enforcement of the legal measures adopted.

2. In order to maximise the effectiveness of protection measures, the Government

will take action to ensure that local police forces work along with the national

law enforcement and security agencies, within their existing collaborative

framework, to ensure the correct enforcement of the measures ordered by the

courts which figure among those envisaged in this Act or in article 544 bis of the

Criminal Procedure Act or article 57 of the Criminal Code.

3. The national law enforcement and security agencies shall be guided in their

actions by the Protocol for National Law Enforcement and Security Agency

Action and Coordination with the Courts for protection against gender and

domestic violence.

4. The terms of this article shall apply in the Autonomous Communities running

police forces entrusted with the protection of people and property and the

preservation of law and order in their respective territories, as provided in their

Statutes, in Organic Act 2/1986 of 13 March on Law Enforcement and Security

Agencies and in their police regulations; all this towards the common goal of

maximising victim protection.

Article 32. Collaboration plans.

1. The public authorities will draw up collaboration plans which ensure the

organised rollout of initiatives for the prevention and prosecution of gender

violence and the care of its victims, which should involve the health authorities,

the judicial authorities, national law enforcement and security agencies, social

services departments and equality organisations.

2. Protocols will be drawn up in implementation of these plans whose procedures

will ensure a global, integrated effort by the various authorities and services

involved, and secure the evidence stage during the proceedings under way.

3. The authorities with health competences shall promote the application, regular

update and dissemination of protocols setting out uniform procedures for healthcare providers, in both the public and private domain; in particular, the

Protocol approved by the Interterritorial Council of the National Health Service.

These protocols will facilitate the prevention and early detection of gender

violence and ongoing assistance to women suffering or at risk of suffering it.

As well as setting out the procedures to be followed, protocols should

make express reference to referrals to the judicial authorities where there is

evidence or a reasonable suspicion of physical or mental damage caused by

aggressions or abuse.

4. In implementing the actions prescribed herein, particular attention shall be given

to the situation of women whose personal and/or social circumstances put them

at greater risk of suffering gender violence, or may hinder their take-up of the

services envisaged herein. This definition may extend to women belonging to

minorities, immigrants and those suffering social exclusion or disability.

TITLE IV

Protection under criminal law

Article 33. Suspension of sentence.

Paragraph two of article 83, section 1.6 of the Criminal Code is given the

following reading in the text of Organic Act 15/2003:

“In the case of crimes related to gender violence, the Judge or Court shall

predicate any suspension on compliance with the obligations or duties specified

in rules 1, 2 and 5 of this section.”

Article 34. Commission of offences during a suspended sentence.

Article 84, section 3 of the Criminal Code is given the following reading in the

text of Organic Act 15/2003:

“When the suspended sentence is a custodial sentence for crimes related to

gender violence, the offender’s failure to comply with the obligations or duties

specified in rules 1, 2 and 5 of section 1 of article shall cause the revocation of

the suspension of imprisonment.”

Article 35. Penalties in lieu of a custodial sentence.

Paragraph 3 of section 1 of article 88 of the Criminal Code is given the

following reading in the text of Organic Act 15/2003:

“Where an offender has been sentenced for a crime related to gender

violence, a custodial sentence may only be replaced by community service. In

such cases, the Judge or Court shall order the offender’s observance of the

obligations and duties set out in rules 1 and 2 of section 1 of article 83 of this

Code as well as his attendance at specific re-education and psychological

therapy courses.” Article 36. Protection against injury.

Article 148 of the Criminal Code is amended to read as follows:

“The injuries specified in section 1 of the preceding article shall receive a

custodial sentence of two to five years depending on the sequels or the risk

engendered:

1. If the aggression involved the use of weapons, instruments, objects, means,

methods or forms specifically constituting a danger to the life or the physical

and mental health of the injured party.

2. If there was cruelty or malice aforethought.

3. If the victim was aged under 12 or incapacitated.

4. If the victims was or had been the wife of the aggressor or shared an

analogous affective relationship, with or without cohabitation.

5. If the victim was an especially vulnerable person living with the aggressor.

Article 37. Protection against abuse.

Article 153 of the Criminal Code reads as follows:

“1. Whoever causes another any mental damage or injury not defined as a

crime in this Code, by whatever means or process, or strikes or mistreats another

when that person is or has been his wife or shares or has shared an analogous

affective relationship, with or without cohabitation, or a specially vulnerable

person living with the aggressor, shall receive a custodial sentence of six months

to one year or else complete thirty-one to eighty days of community service and

will, in any case, be deprived of the right to have or carry weapons for one year

and a day to three years and, when the Judge or Court deems it to be in the

interest of the minor or incapacitated person, disqualified from the exercise of

parental authority, guardianship, custody or foster care for a period of up to five

years.

2. If the victim of the crime referred to in the preceding paragraph is among

the persons listed in article 173.2, excluding the persons specified in the

preceding section of this article, the perpetrator shall receive a prison sentence of

three months to one year, or else complete thirty-one to eighty days of

community service and will, in any case, be deprived of the right to have or

carry weapons for one year and a day to three years and, when the Judge or

Court deems it to be in the interest of the minor or incapacitated person,

disqualified from the exercise of parental authority, guardianship, custody or

foster care for a period of six months to three years.

3. The sentences envisaged in sections 1 and 2 shall be imposed in the upper

half of their range when the offence was perpetrated in the presence of minors,

or using weapons or took place in the shared home or the home of the victim, or

was in violation of a sentence among those envisaged in article 48 of his Code or

of an interim or security measure of the same nature.

4. Notwithstanding that set out in the preceding sections, the Judge or Court

may impose the lower sentence, stating reasons in the judgement, in allowance for the personal circumstances of the offender, or the circumstances surrounding

the crime.”

Article 38. Protection against threats.

Three sections are added to article 171 of the Criminal Code with the numbers 4,

5 and 6, reading as follows:

“4. Whoever issues minor threats to someone who is or has been his wife or

shares or has shared an analogous affective relationship, with or without

cohabitation shall receive a prison sentence of six months to one year or else

complete thirty-one to eighty days of community service and will, in any case,

be deprived of the right to have or carry weapons for one year and a day to three

years and, when the Judge or Court deems it to be in the interest of the minor or

incapacitated person, disqualified from the exercise of parental authority,

guardianship, custody or foster care for a period of up to five years.

The same sentence shall be imposed on whoever issues mild threats to

another, especially vulnerable person sharing his abode.

5. Whoever issues minor threats any of the persons referred to in article

173.2, excepting those envisaged in the preceding section of this article, with

weapons or other dangerous instruments shall be issued with a prison sentence

of three months to one year, or else complete thirty-one to eighty days of

community service and will, in any case, be deprived of the right to have or

carry weapons for one to three years and, when the Judge or Court deems it to be

in the interest of the minor or incapacitated person, disqualified from the

exercise of parental authority, guardianship, custody or foster care for a period

of six months to three years.

The sentences envisaged in sections 4 and 5 shall be imposed in the upper

half of their range when the offence was perpetrated in the presence of minors,

or took place in the shared home or the home of the victim, or was in violation

of a sentence among those envisaged in article 48 of his Code or of an interim or

security measure of the same nature.

6. Notwithstanding that set out in the preceding sections, the Judge or Court

may impose the lower sentence, stating reasons in the judgement, in allowance

for the personal circumstances of the offender or the circumstances surrounding

the crime.”

Article 39. Protection against coercion.

The present contents of article 172 of the Criminal Code are assigned the

number 1, and a section 2 added to read as follows:

“2. Whoever uses minor coercion against someone who is or has been his

wife or shares or has shared an analogous affective relationship, with or without

cohabitation shall receive a prison sentence of six months to one year or else

complete thirty-one to eighty days of community service and will, in any case,

be deprived of the right to have or carry weapons for one year and a day to three

years and, when the Judge or Court deems it to be in the interest of the minor or

incapacitated person, disqualified from the exercise of parental authority,

guardianship, custody or foster care for a period of up to five years.  The same sentence shall be imposed on whoever so coerces another,

specially vulnerable person sharing his abode.

The sentences envisaged in sections 4 and 5 shall be imposed in the upper

half of their range when the offence was perpetrated in the presence of minors,

or took place in the shared home or the home of the victim, or was in violation

of a sentence among those envisaged in article 48 of his Code or of an interim or

security measure of the same nature.

Notwithstanding that set out in the preceding sections, the Judge or Court

may impose the lower the sentence, stating reasons in the judgement, in

allowance for the personal circumstances of the offender or the circumstances

surrounding the crime.”

Article 40. Violation of sentence.

Article 468 of the Criminal Code is amended to read as follows:

“1. Those who violate their sentence, security measure, imprisonment,

interim measure, removal or custody shall receive a prison sentence of six

months to one year, if they were under a custodial sentence, and a fine of twelve

to twenty-four months in all other cases.

2. In any event, a prison sentence of six months to one year will be imposed

on whoever violates a sentence of those envisaged in article 48 of this Code or

an interim or security measure of the same nature issued in criminal proceedings

where the victim was one of the persons referred to in article 173.2.”

Article 41. Protection against minor abuses

Article 620 of the Criminal Code is amended to read as follows:

“Sentences of ten- to twenty-day fines will be imposed on:

1. Those who issue minor threats to another with weapons or dangerous

instruments, or engage them in a fight, for reasons other than justified defence,

unless the act constitutes a criminal offence.

2. Those who threaten, coerce, harm or mistreat another, in a minor degree,

unless the deed constitutes a criminal offence.

The acts described in 1 and 2 above shall only be prosecuted if charges are

brought by the injured party or the legal representative of the same.

In the cases described in 2 of this article, when the victim is one of the

persons referred to in article 173.2, the sentence shall be one of permanent

surveillance over four to eight days at an address other than and distant from the

address of the victim, or five to ten days of community service. In these cases,

the need for the charges referred to in the preceding paragraph of this article is

dispensed with, except in claims for damages”. Article 42. Prison authorities.

1. The prison authorities shall provide specific programmes for inmates sentenced

for crimes related to gender violence.

2. Review Boards shall take the satisfactory completion of these specific

programmes into account when deciding matters of regime, leave and

conditional liberty with regard to the inmates referred to in the preceding

section.

TITLE V

Judicial protection

CHAPTER I

On Violence against Women Courts

Article 43. Territorial structure.

An article 87 bis is added to Organic Judiciary Act 6/1985 of 1 July to read as

follows:

“1. There shall be one or more Violence against Women Courts in each

judicial district, with its seat in the capital of the same and jurisdiction over all

its territory.

2. Notwithstanding the above, Violence against Women Courts may

exceptionally be set up with jurisdiction over two or more judicial districts

within the same province. It will take its name from that of the municipality

where it has its seat.

3. The General Council of the Judiciary may resolve, on the basis of a

report from the Government Divisions, that in circuits where the existing

workload so advises, the hearing of cases referred to in article 86 ter of this

Organic Act should correspond to one of the First Instance and Magistrates

Courts, or Magistrates Court as the case may be. In such situations, only one of

the said bodies shall be designated to hear such cases within the judicial district,

be it in on an exclusive basis or dealing with other matters at the same time.

4. In the judicial districts served by a single First Instance and Magistrates

Court it shall be that court which hears the cases referred to in article 87 ter of

this Act.”

Article 44. Jurisdiction..

An article 87 ter is added to Organic Judiciary Act 6/1985 of 1 July, to read as

follows:

“1. The Violence against Women Courts shall deal with the following cases

under criminal law in accordance with the procedures and appeals set out in the

Criminal Procedure Act:

a) The investigation of cases involving the crimes listed in the Criminal Code

relative to murder, injury, injury to the foetus, crimes against a person’s freedom, against a person’s moral integrity, against a person’s sexual

freedom and inviolability, and any other crime involving violence or

intimidation, when it is committed against a person who is or has been his

wife or shares or has shared an analogous affective relationship, with or

without cohabitation, and those committed against his descendents or those

of his spouse or cohabiting partner, or against minors or incapacitated

persons living with him or under the parental authority, guardianship,

custody or foster care of his spouse or cohabiting partner, when an act of

gender violence has also occurred.

b) The investigation of cases involving crimes against family rights and duties,

when the victim is among the persons specified in a) above.

c) Adoption of the corresponding victim protection orders notwithstanding the

competences assigned to the Duty Judge.

d) The hearing and determination of responsibility for offences listed under

titles I and II of book III of the Criminal Code, when the victim is among the

persons specified under a) above.

2. The Violence against Women Courts shall deal with the following cases

under civil law in accordance with the procedures and appeals set out in the

Civil Procedure Act:

a) Those of filiation, maternity and paternity.

b) Those of matrimonial annulment, separation and divorce.

c) Those involving parent-child relations.

d) Those whose purpose is the adoption or modification of important measures

affecting the family.

e) Those exclusively concerning the guardianship and custody of minors or

alimony claims by one parent against the other on behalf of minors.

f) Those concerning obligatory consent in cases of adoption.

g) The contesting of administrative decisions regarding the protection of

minors.

3. The Violence against Women Courts will have sole and exclusive powers

under civil law when all the following requisites simultaneously obtain:

a) That of being a civil process whose purpose is one of the matters stated in 2

of this article.

b) That one of the parties in the civil process is a victim of acts of gender

violence under the terms referred to in 1 a) of the present article.

c) That one of the parties in the civil process stands accused of perpetrating acts

of gender violence or aiding or abetting in the same.

d) That criminal proceedings have been brought before the Violence against

Women Judge for an act of violence against the woman, or a protection order

issued in such respect.

4. When a Judge is confident that the acts presented do not constitute an

expression of gender violence, he or she may refuse leave to proceed in respect

of the claim, referring it to the competent judicial body.

5. Mediation is prohibited in all the above cases.” Article 45. Criminal law appeals.

A new item 4 is added to article 82.1 of Organic Judiciary Act 6/1985 of 1 July,

to read as follows:

“Regarding the appeals provided by law against the criminal law judgements

handed down by the Violence against Women Court of the province. In order to

facilitate the hearing of such appeals and depending on the number of such

cases, one or several of its sections should specialise accordingly, as established

in article 98 of the aforementioned Organic Act. This specialisation shall extend

to cases where it is the County Court that is called upon to judge in first instance

the cases heard by the Violence against Women Courts of the province.”

Article 46. Civil law appeals.

A new paragraph is added to article 82.4 of Organic Judiciary Act 6/1985 of 1

July, to read as follows:

“The County Courts shall likewise hear the appeals provided by law against

the judgements handed down under civil law by the Violence against Women

Courts of the province. In order to facilitate the hearing of such appeals and

depending on the number of such cases, one or several of its sections should

specialise accordingly, as established in article 98 of the aforementioned

Organic Act.”

Article 47. Training.

The Government, the General Council of the Judiciary and the Autonomous

Communities, within the scope of their respective powers, shall ensure that training

courses for judges and magistrates, prosecutors, court clerks, national law

enforcement and security agents and coroners include specific training on sexual

equality, non discrimination for reasons of sex, and issues of gender violence. Such

training shall in all cases focus on the vulnerability of the victims.

Article 48. Jurisdiction of the Courts.

Article 4, section 1 of Act 38/1988 of 28 December on Judicial Organisation is

amended to read as follows:

“1. The First Instance and Magistrates Courts and the Violence against

Women Courts shall have jurisdiction in their respective districts.

Notwithstanding the foregoing, where geographical, location and population

circumstances so advice, the same Violence against Women Court may cover

more than one judicial district.” Article 49. Seat of the Courts.

Article 9 of Act 38/1988 of 28 December on Judicial Organisation is amended to

read as follows:

“The First Instance and Magistrates Courts and the Violence against Women

Courts shall have their seats in the capital of the judicial district.”

Article 50. Organisation of the Violence against Women Courts.

An article 15 bis is added to Act 38/1988 of 28 December on Judicial

Organisation, to read as follows:

“1. The initial organisation of the Violence against Women Courts shall be

as established in annex XII hereto:

2. Specific details on the initial organisation and later development shall be

provided by Royal Decree in accordance with the terms of article 20 of this Act,

and shall respond to the following criteria:

a) Violence against Women Courts shall be set up in those administrative areas

where the workload so advises.

b) In those judicial districts where the caseload is not deemed to warrant a

separate judicial structure, certain of the First Instance and Magistrates

Courts serving the area may be transformed into Violence against Women

Courts.

c) Likewise, when the workload is not deemed to warrant the creation of a

specific judicial body, and the area is served by several First Instance and

Magistrates Courts, one court will be appointed, on an exclusive basis, to

hear cases of violence against women as provided by article 1 of the Organic

Act on Integrated Protection Measures against Gender Violence, along with

the remaining cases corresponding to the criminal or civil jurisdiction of the

court in question.

3. The Violence against Women Courts based in provincial capitals shall be

served by a magistrate, as shall the remaining courts specified in annex III

hereto.

Article 51. Courts served by magistrates.

Section 2 of article 21 of Act 38/1988 on Judicial Organisation shall read as

follows:

“2. The Ministry of Justice may order that the Courts of First Instance and

Magistrates Courts or the First Instance and Magistrates Courts and the Violence

against Women Courts should be served by magistrates, provided that they are

located in a judicial district with an official population of over 150,000

inhabitants or whose actual population has surpassed this number, and that the

relevant caseload so warrants.” Article 52. Constitution of the Courts.

A new article 46 ter is added to Act 38/1988 of 28 December on Judicial

Organisation, to read as follows:

“1. The Government, within the framework of the General State Budget Act,

and having canvassed the opinion of the General Council of the Judiciary and,

where appropriate, the Autonomous Community concerned, shall proceed in a

phased manner and by means of Royal Decree to the constitution, harmonisation

and transformation of Magistrates Courts and of First Instance and Magistrates

Courts in order to complete the organisational structure of the Violence against

Women Courts.

2. Where Autonomous Communities do not specify a seat for the Violence

against Women Courts, this shall be understood to be in the locality specified in

annex XIII hereto.”

Article 53. Notification of judgements handed down by the Courts.

A new paragraph is added to article 160 of the Criminal Procedure Act, to read

as follows:

“When the investigation of a case would rightfully correspond to a Violence

against Women Court, the judgement shall be notified to the said court without

delay, stating whether it is final and binding or otherwise.”

Article 54. Specialisation in the event of fast-track criminal proceedings.

A new article 779 bis is added to the Criminal Procedure Act, to read as follows:

“1. In the event that jurisdiction is vested with the Violence against Women

Court, the proceedings and resolutions specified in the preceding articles shall

be performed and adopted during court hours.

2. The Judicial Police shall make the summonses referred to in article 796 to

appear before the Violence against Women Court on the nearest working day out

of those regulatorily established.

Nonetheless, the detainee, as the case may be, shall be brought before the

Duty Magistrates Court for the sole purpose of regularising his personal

situation, when it is not possible to present the case before the competent

Violence against Women Court.

3. In making the summonses referred to above, the Judicial Police shall set

the day and the time of the appearance in consultation with the Violence against

Women Court. The General Council of the Judiciary shall issue the necessary

regulations to ensure such coordination, in accordance with article 110 of the

Organic Judiciary Act.”

Article 55. Notification of judgements handed down by Criminal Courts.

A new section 5 is added to article 789 of the Criminal Procedure Act, to read as

follows: “5. When the investigation of a case would rightfully correspond to a

Violence against Women Court, the judgement shall be notified to the said court

without delay. The Violence against Women Court shall also be sent the

declaration that the judgement is final and binding, and the judgement in second

instance should such judgement wholly or partially revoke the judgement

previously issued.”

Article 56. Specialisation in the event of fast-track proceedings for misdemeanours.

A new section 5 is added to article 962 of the Criminal Procedure Act, to read as

follows:

“5. In the event that the jurisdiction for hearing the case is vested with the

Violence against Women Court, the Judicial Police must make the summonses

referred to in this article to appear before the Violence against Women Court on

the nearest working day. In making such summonses, the Judicial Police shall

set the day and the time of the appearance in consultation with the Violence

against Women Court.

The General Council of the Judiciary shall issue the necessary regulations to

ensure such coordination, in accordance with article 110 of the Organic

Judiciary Act.”

TITLE II

Civil rules of proceeding

Article 57. Loss of jurisdiction in cases of acts of violence against women.

A new article 49 bis is added to the Civil Procedure Act 1/2000 of 7 January, to

read as follows:

“Article 49 bis. Loss of jurisdiction in cases of acts of violence against

women.

1. When a Judge hearing a civil case in first instance has cognisance of the

commission of an act of violence among those defined in article 1 of the Organic

Act of Integrated Protection Measures against Gender Violence in respect of

which criminal proceedings have been brought or a protection order issued, after

verifying that the conditions set out in paragraph three of article 87 ter of the

Organic Judiciary Act are met, he or she shall recuse him or herself and refer the

case records as they stand to the competent Violence against Women Judge,

except where verbal testimony has begun.

2. When a Judge investigating a civil case has cognisance of the possible

commission of an act of violence among those defined in article 1 of the Organic

Act of Integrated Protection Measures against Gender Violence in respect of

which criminal proceedings have not been brought and no protection order

issued, after verifying that the conditions set out in paragraph three of article 87

ter of the Organic Judiciary Act are met, he or she shall immediately summons

the parties to an appearance in the Public Prosecutor’s Office, to be held within

24 hours, so the latter may be informed of all relevant details on the facts. At this point, the Prosecutor shall have to decide immediately whether, in the next

24 hours, to report the acts of gender violence or apply for a protection order to

the competent Violence against Women Judge. In the event that a charge is

made or a protection order applied for, the Prosecutor shall deliver a copy of the

charge sheet or application to the Court, which shall continue hearing the case

until such time as it may be called to recuse itself by the competent Violence

against Women Judge.

3. When a Violence against Women Judge hearing a criminal case of gender

violence has cognisance of the existence of a civil case, and verifies that the

conditions set out in paragraph three of article 87 ter of the Organic Judiciary

Act are met, he or she shall call for the recusal of the Civil Court, which shall

immediately accept such recusal sending the case records to the body issuing the

request.

For the purposes of the preceding paragraph, the recusal order shall be

accompanied by evidence of the commencement of earlier discovery or

misdemeanour proceedings and the record of the leave to proceed or the

protection order adopted.

4. In the cases envisaged in sections 1 and 2 of this article, the Civil Court

shall send the records to the Violence against Women Court, regardless of the

terms of article 48.3 of the Civil Procedure Act, which shall not apply. From that

moment on, it is before the latter court that the parties must appear.

The remaining rules of this section shall not apply in the above cases, nor

shall any recusal motion be accepted, and the parties advocating the competence

of the Violence against Women Court shall produce in support some decision

issued by the said Court of those referred to in the final paragraph of 3 above.

5. The Violence against Women Courts shall exercise their powers in civil

matters in a sole and exclusive manner, in accordance at all times with the

procedures and appeals envisaged in the Civil Procedure Act.”

CHAPTER III

Criminal rules of proceeding

Article 58. Jurisdiction under criminal law.

Article 14 of the Criminal Procedure Act is amended to read as follows:

“Excepting the cases which the Constitution and laws assign expressly and

restrictedly to determined Judges and Courts, the distribution of jurisdiction

shall stand as follows:

1. For the hearing and determination of misdemeanour proceedings: the

Investigating Judge, unless competences lie with the Violence against

Women Judge in accordance with section five of this article. Nonetheless,

the cases of misdemeanours typified in articles 626, 630, 632 and 633 of the

Criminal Code shall be heard by the Justice of the Peace in the place they

were committed. Justices of the Peace shall also hear the cases of

misdemeanours typified in article 620.1 and 620.2 of the Criminal Code,

except when the victim is among the persons referred to in article 173.2 of

the said Code.

2. For the investigation of causes: the Investigating Judge of the judicial district

where the crime was committed or the Violence against Women Judge, or

the Chief Investigating Judge with respect to the offences specified by law.

3. For the hearing and determination of criminal causes for which the law

prescribes a custodial sentence of no more than five years or a fine of

whatsoever amount, or any other sentence of a different nature, whether

single, joint or alternative, provided the duration of the same is not greater

than ten years, and for misdemeanours, incidental or otherwise, imputable to

the perpetrators of these offences or to other persons, when the commission

of the misdemeanour or its evidence are related to the same: the Criminal

Court Judge of the circuit where the offence was committed or the Criminal

Court Judge corresponding to the circuit of the Violence against Women

Court, as the case may be, or the Chief Criminal Court Judge in his or her

jurisdiction, without prejudice to the powers of the Duty Investigating Judge

of the place where the offence was committed to issue an undefended

judgement or those of the competent Violence against Women Judge, as the

case may be, in accordance with article 801.

Nonetheless, in the cases attributed to the Criminal Court Judge, it shall fall

to the Jury Court to hear and determine when the offence is among those

assigned thereto.

4. For the hearing and determination of remaining causes: the County Court of

the circuit where the offence was committed, or the County Court

corresponding to the circuit of the Violence against Women Court, as the

case may be, or the Criminal Division of the National Court.

Nonetheless, in the cases attributed to the County Court, it shall fall to the

Jury Court to hear and determine when the offence is among those assigned

thereto.

5. The Violence against Women Courts shall have jurisdiction in the following

matters, in accordance with the procedures and appeals envisaged herein:

a) The investigation of criminal causes for the offences listed in the

Criminal Code relative to murder, injury, injury to the foetus, crimes

against a person’s freedom, against a person’s moral integrity, against a

person’s sexual freedom and inviolability, and any other offence

involving violence or intimidation, when it is committed against a

person who is or has been his wife or shares or has shared an analogous

affective relationship, with or without cohabitation, and those committed

against the offender’s descendents or those of his spouse or cohabiting

partner, or against minors or incapacitated persons living with him or

under the authority, guardianship, custody or foster care of his spouse or

cohabiting partner, when an act of gender violence has also occurred.

b) The investigation of criminal causes for any offence against family rights

and duties, when the victim is among the persons specified in a) above.

c) Adoption of the corresponding victim protection orders notwithstanding

the competences assigned to the Duty Judge.

d) The hearing and determination of liability for misdemeanours listed

under titles I and II of book III of the Criminal Code, when the victim is

among the persons specified under a) above.” Article 59. Territorial jurisdiction.

A new article 15 bis is added to the Criminal Procedure Act, to read as follows:

“In the case of crimes or misdemeanours whose investigation or hearing

corresponds to the Violence against Women Judge, territorial jurisdiction shall

be determined by the place of the victim’s abode, without prejudice to any

protection order, or urgent measures as specified in article 13 herein being

adopted by the Judge of the place where the offence was committed”.

Article 60. Competence by association.

A new article 17 bis is added to the Criminal Procedure Act, to read as follows:

“The competence of the Violence against Women Courts shall extend to the

investigation and hearing of associated crimes and misdemeanours provided the

association originates in one or more of the cases envisaged in sections 3 and 4

of article 17 herein.”

CHAPTER IV

Judicial measures of victim protection and security

Article 61. General provisions.

1. The protection and security measures envisaged in this chapter shall be

compatible with any interim or precautionary measures adopted in civil or

criminal proceedings.

2. In all proceedings to do with gender violence, the competent Judge shall, of his

or her own motion or upon the petition of the victims, the children, the persons

sharing their abode or under their guardianship or custody, the Public

Prosecutor’s Office or the Authority responsible for providing assistance or

refuge to the victims, rule on the advisability of adopting the interim and

precautionary measures envisaged in this chapter, determining the duration of

the same, as the case may be.

Article 62. On the protection order.

On receipt of an application for a protection order, the Violence against Women

Court and the Duty Judge, as the case may be, shall act as prescribed by article 544

ter of the Criminal Procedure Act.

Article 63. On data protection and publicity restrictions.

1. The privacy of victims shall be protected in all acts and proceedings relating to

gender violence; with particular regard to their personal data, those of their

descendents and those of any other person under their guardianship or custody. 2. The competent Judges may decide of their own motion or on the petition of a

party to hear the case behind closed doors and that proceedings should not be

made public.

Article 64. On exclusion and restraining orders and prohibition of contact.

1. The Judge may order a person accused of gender violence to leave the abode he

shared with the victim or where the family unit has its residence, and prohibit his

return to the same.

2. The Judge may exceptionally authorise the protected person to exchange the use

of the family home co-owned with the accused, to which she is entitled, for the

use of another home for the time and under the conditions determined, by

arrangement with an agency, or public company where such an entity exists,

whose activities include the leasing of housing properties.

3. The Judge may place the accused under a restraining order, such that he may not

approach the protected person at any place, or go near her home, her workplace

or any other place that she frequents.

Technological means may be used in order to immediately alert to non

compliance with such orders.

4. The restraining order can be imposed regardless of whether the person it affects

or those it is intended to protect have already left the place.

5. The Judge may prohibit the accused from entering into any kind of contact with

the person or persons specified, with the warning that he will otherwise incur

criminal liability.

6. The measures referred to in the preceding sections may be decided on

cumulatively or separately.

Article 65. On measures to suspend parental authority or legal custody of minors.

The Judge may suspend the alleged perpetrator of acts of gender violence from

exercising parental authority, custody or guardianship with regard to the minors he

or she specifies.

Article 66. On suspension of visiting rights.

The Judge may order the suspension of the child visiting rights in the case of

persons accused of gender violence.

Article 67. On suspension of the right to possess, carry or use weapons.

The Judge may order the suspension of the right to possess, carry and use

weapons in the case of those accused of offences relating to the violence referred to

in this Act, with the obligation to deposit such weapons in the terms established by

current legislation.

Article 68. Guarantees for the adoption of measures.

The rights-restrictive measures contained in this chapter shall be adopted by

means of a reasoned order justifying their proportionality and necessity and, in any event, with the intervention of the Public Prosecutor’s Office and respecting the

principles of objection, hearing and defence.

Article 69. Maintenance of protection and security measures.

The measures referred to in this chapter may be maintained beyond the issuing

of a final judgment and during the process of any appeals lodged. In such case, the

maintenance of measures shall be stated in the judgement.

CHAPTER VI

The Public Prosecutor for cases of Violence against Women

Article 70. Functions of the Public Prosecutor for cases of Violence against Women.

An article 18 quater is added to Act 50/1981 of 30 December regulating the

Organic Statute of the Public Prosecutor’s Office, to read as follows:

“1. The Head of the Public Prosecutor’s Office, after consultation with the

Prosecutors’ Council, shall appoint, as attorney, a Public Prosecutor for cases of

Violence against Women with the status of Divisional Prosecutor, to exercise

the following functions:

a) To conduct the legal formalities referred to in article 5 of the Organic Statute

of the Public Prosecutor’s Office, and appear directly in criminal proceedings

which the Head of the Public Prosecutor’s Office deems of special import,

with regard to the gender violence offences set out in article 87 ter. 1 of the

Organic Judiciary Act.

b) Appear by power of attorney of the Head of the Public Prosecutor’s Office in

the civil proceedings set out in article 87 ter. 2 of the Organic Judiciary Act.

c) Supervise and coordinate the actions of Violence against Women sections

and request reports from the same, relaying their contents to the Head of the

Prosecutor’s Office they come under.

d) Coordinate the action guidelines of Prosecutor’s Offices in gender violence

matters, and propose the issue of the corresponding instructions to the Head

of the Public Prosecutor’s Office.

e) Draw up a six-monthly report on the procedures followed and action taken

by the Public Prosecutor’s Office with regard to gender violence, for

submission to the Head of the Public Prosecutor’s Office and subsequent

referral to the Divisional Prosecutors Board of the Supreme Court and the

Council of Public Prosecutors.

2. So it may properly perform its functions, the office of the Public

Prosecutor for cases of Violence against Women shall be assigned such

professional and expert support as may be necessary on a permanent or

occasional basis.” Article 71. Violence against Women sections.

Paragraphs two and three of article 18, section 1 of Act 50/1981 of 30 December

regulating the Organic Statute of the Public Prosecutor’s Office, are replaced by the

following text:

“The Prosecutor’s Office of the National Court and each Prosecutor’s Office

in the Regional High Courts and the County Courts shall have a Juvenile

Division to be entrusted with the functions and faculties attributed to the Public

Prosecutor’s Office by the Organic Act regulating the Criminal Liability of

Minors. Each Prosecutor’s Office in the Regional High Courts and the County

Courts shall also have a Violence against Women section. These sections will

have their own Prosecutors drawn from the staff of the corresponding court, with

preference going to those who for reasons of past duties, courses given or

completed or some other, analogous circumstance, have specialised in the

subject matter. However, when the service so requires, they may also act in other

areas or subject matters.

The Prosecutor’s Offices of the Regional High Courts and the County Courts

will have such permanent staff attachments as are regulatorily determined.

The Violence against Women section shall have the following functions:

a) Appear in criminal proceedings for acts constituting crimes or

misdemeanours whose jurisdiction has been assigned to the Violence against

Women Courts.

b) Appear directly in civil proceedings whose jurisdiction has been assigned to

the Violence against Women Courts.

A record will be kept of related procedures within the Violence against

Women section, which Prosecutors may consult when they are advised of a case

for which they have competence.”

Article 72. Attorneys of the Chief Prosecutor.

A new section 6 is added to article 22 of Act 50/1981 regulating the Organic

Statute of the Public Prosecutor’s Office, to read as follows:

“6. Attorneys of the Chief Prosecutor may be appointed to take on

specified management and coordination functions in Prosecutor’s Offices where

the caseload so warrants and there are no organisational impediments, subject to

a favourable report from the Council of Public Prosecutors. The organic staff

shall decide the maximum number of such attorneys that can be appointed in

each Prosecutor’s Office. In any event, each Prosecutor’s Office shall have an

attorney to take on management and coordination functions, as provided for in

this section, with regard to gender violence offences, crimes against the

environment and prison supervision, exercising such functions on either an

exclusive basis or jointly with other responsibilities.

The said attorneys shall be appointed and, as the case may be, removed

by means of a resolution issued by the Head of the Public Prosecutor’s Office on

the basis of a reasoned proposal from the corresponding Chief Prosecutor and

after consultation with the Public Prosecutors’ Board. When the resolution of the Head of the Public Prosecutor’s Office does not concur with the proposal of the

respective Chief Prosecutor, the reasons must be stated.

The places to be filled shall be announced to staff Prosecutors before the

Chief Prosecutor makes his or her proposal. Such proposal shall be accompanied

by a list of the other Prosecutors who sought the place along with the documents

supporting each application.”

First additional provision. Pensions and aids.

1. A person sentenced in a final and binding judgement for crimes of culpable

homicide, in any of its forms, or bodily harm, whose victim was his spouse or ex

spouse, shall have no entitlement to the corresponding widower’s pension under

the public pension system, except in the case of a later reconciliation.

2. A person sentenced in a final and binding judgement for crimes of culpable

homicide, in any of its forms, or bodily harm, whose victim was his spouse or ex

spouse, or a person with whom he shared or had shared an analogous affective

relation, with or without cohabitation, shall in no event receive the orphan’s

pension to which his children may be entitled under the public pensions system,

except in the case of a later reconciliation.

3. A person sentenced for crimes of culpable homicide, in any of its forms, or

bodily harm, whose victim was his spouse or ex spouse, or a person with whom

he shared or had shared an analogous affective relation of a stable nature,

irrespective of his sexual orientation, for at least the two years before the time of

death shall not be entitled to benefit, as an indirect victim, of the aids envisaged

in Act 35/1995 of 11 December concerning Aid and Assistance to Victims of

Violent Crimes and Crimes against Sexual Freedom, unless there are children in

common in which case cohabitation shall suffice.

Second additional provision. Protocols of conduct.

The Government and the Autonomous Communities exercising devolved powers

in legal matters shall organise integrated forensic evaluation units within their

respective coroner’s services in charge of designing global, integrated protocols of

conduct for cases of gender violence.

Third additional provision. Amendment of the Organic Act regulating the Right to

Education.

One. Letters b) and g) of article 2 of Organic Act 8/1985 of 3 July regulating

the Right to Education, shall read as follows:

“b) Education in respect for basic rights and freedoms, equality between men

and women and the exercise of tolerance and liberty within the democratic

principles of coexistence.

g) Education in peace, cooperation and solidarity among peoples, in

prevention of conflict and peaceful conflict solving, and the habit of non

violence in all areas of personal, family and social life.” Two. Three new letters are added to section 1 of article 31 of Organic Act

8/1985 of 3 July regulating the Right to Education, to read as follows:

“k) Women’s organisations with a nationwide reach.

l) The Institute for Women’s Issues.

m) Personalities of acknowledged repute in the fight to eradicate gender

violence.”

Three. Letter e) of article 32, section 1 of Organic Act 8/1985 of 3 July

regulating the Right to Education, shall read as follows:

“e) Provisions referring to the development of equal rights and opportunities

and the promotion of real, effective equality between men and women in

education.”

Four. Article 33, section 1 of Organic Act 8/1985 of 3 July regulating the Right

to Education, shall read as follows:

“1. The State Schools Council shall draw up and publish an annual report on

the education system, describing and evaluating the diverse aspects of the same,

including any situation of violence being exercised in the educational

community. An account will also be given of measures taken by the educational

authorities to prevent violence and to promote sexual equality.”

Five. A seventh entry (-) is added to section 1 of article 56 of Organic Act

8/1985 of 3 July regulating the Right to Education, to read as follows:

“- A person, elected by the members of the Centre’s School Council, to

promote education measures favouring real, effective equality between men and

women.”

Six. A new letter m) is added to article 57 of Organic Act 8/1985 of 3 July

regulating the Right to Education, to read as follows:

“m) Propose measures and initiatives to favour coexistence in the centre,

sexual equality and peaceful conflict solving in all areas of personal, family and

social life.”

Fourth additional provision. Amendment of the Organic Act on the General

Organisation of the Education System.

One. Letter b) of article 1, section 1 of Organic Act 1/1990 of 3 October on the

General Organisation of the Education System is amended to read as follows:

“b) Education in respect for basic rights and freedoms, equality between

men and women and the exercise of tolerance and liberty within the democratic

principles of coexistence.” Two. Letter e) of article 2, section 3 of Organic Act 1/1990 of 3 October on the

General Organisation of the Education System is amended to read as follows, and a

new letter l) added with its text as shown below:

“e) Development of the habits of democratic conduct and the skills and

techniques of conflict avoidance and peaceful conflict solving.

l) Education in the avoidance of conflict and peaceful conflict solving in

all areas of personal, family and social life.”

Three. Section 3 of article 34 of Organic Act 1/1990 of 3 October on the

General Organisation of the Education System is amended to read as follows:

“3. The didactic methodology of specific professional training shall seek

the integration of scientific, technological and organisational contents. Likewise,

it shall seek to develop students’ ability to learn for themselves and work in a

team, and instruct them in the avoidance of conflict and peaceful conflict solving

in all areas of personal, family and social life.”

Fifth additional provision. Amendment of the Organic Act on Quality in Education.

One. A new letter b) is added to article 1 of Organic Act 10/2002 of 23

December on Quality in Education, with subsequent letters shifting one down, and

three new letters n), ñ) and o) are added to the list, with the following contents:

“b) The removal of obstacles in the way of full equality between men and

women.

n) Education in respect for basic rights and freedoms, equality between

men and women and the exercise of tolerance and liberty within the democratic

principles of coexistence.

ñ) Education in conflict avoidance and peaceful conflict solving, and the

habit of non violence in all areas of personal, family and social life.

o) The development of affective skills.”

Two. Two new letters e) and f) are added to article 12, section 2 of Organic Act

10/2002 of 23 December on Quality in Education, shifting subsequent letters one

down and reading as follows:

“e) Gain experience in the avoidance of conflicts and peaceful resolution

of the same.

f) Develop their affective skills.”

Three. Three new letters b), c) and d) are added to article 15, section 2 of

Organic Act 10/2002 of 23 December on Quality in Education, shifting subsequent

letters one down and reading as follows:

“b) Acquire skills in conflict avoidance and the peaceful resolution of the

same, so they can conduct themselves independently in the domestic and family

setting and the social groups they move in.”

c) Understand and defend the equality of the sexes.

d) Develop their affective skills.” Four. Three new letters b), c) and d) are added to article 15, section 2 of

Organic Act 10/2002 of 23 December on Quality in Education, shifting subsequent

letters one down, and reading as follows:

“b) Understand, value and defend the principle of equal opportunities

between men and women.

c) Relate to others without violence, settling differences in a peaceful

manner.

d) Develop their affective skills.”

Five. Letter f) of article 33, section 1 of Organic Act 10/2002 of 23 December

on Quality in Education is amended to read as follows, and a new section 5 added to

the same article with its text as shown below:

“1. f) Ethics and equality between men and women.”

“5. The Ethics syllabus shall include specific contents on equality

between men and women.”

Six. Two new letters b) and c) are added to article 34, section 2 of Organic Act

10/2002 of 23 December on Quality in Education, shifting subsequent letters one

down and reading as follows:

“b) Gain a personal, social and moral maturity so they can act

responsibly and independently, and avoid and resolve personal, family and

social conflicts in a peaceful manner.

c) Foster real, effective equality between men and women, and analyse

inequalities with a critical mind.”

Seven. A new section 3 is added to article 40 of Organic Act 10/2002 of 23

December on Quality in Education, to read as follows:

“3. In order to promote effective equality between men and women, the

education authorities shall ensure that all curricula and educational materials

recognise the equal worth of men and women, and are prepared on the basis of

premises that are not discriminatory to women. Curricula and materials should

likewise foster respect for equal rights and obligations.”

Eight. Two new letters e) and f) are added to article 52, section 2 of Organic

Act 10/2002 of 23 December on Quality in Education, to read as follows:

“e) Develop skills in the peaceful resolution of conflicts in personal,

family and social relations.

f) Foster respect for the dignity of persons and equality between men and

women.”

Nine. Letter d) of article 56 of Organic Act 10/2002 of 23 December on Quality

in Education is amended to read as follows:

“d) The tutoring of students to direct their learning, instil values and

help them, in conjunction with parents, to overcome their difficulties and settle

their differences in a peaceful manner.” Ten. A new letter g) is added to article 81, section 2 of Organic Act 10/2002 of

23 December on Quality in Education, converting the current letter g) into h) and

reading as follows:

” A person who promotes educational measures that foster real, effective

quality between men and women, resident in the town where the centre is sited

and elected by that centre’s School Council.”

Eleven. Letter k) of article 82, section 1 of Organic Act 10/2002 of 23

December on Quality in Education is amended to read as follows:

“k) Propose measures and initiatives to favour coexistence in the centre,

equality between men and women, and peaceful conflict solving in all areas of

personal, family and social life.”

Twelve. A new letter g) is added to article 105, section 1 of Organic Act

10/2002 of 23 December on Quality in Education, to read as follows:

“g) Oversee compliance with and application of educational measures

and initiatives whose aim is to foster real equality between men and women.”

Sixth additional provision. Amendment of the General Advertising Act.

One. Article 3, letter a) of General Advertising Act 34/1988 of 11 November is

amended to read as follows:

“The following shall be illegal:

a) Advertisements which act against the dignity of persons or are contrary to

the values and rights enshrined in the Constitution, especially those referred

to in its articles 18 and 20, section 4. This category shall be understood to

include advertisements depicting women in a degrading manner, either by

directly using their bodies or parts of the same as a mere object unrelated to

the product being promoted, or by associating their image to stereotyped

roles antithetical to the principles of our law, thus contributing to the

violence referred to in the Organic Act on Integrated Protection Measures

against Gender Violence.”

Two. A new section 1 bis is added to article 25 of General Advertising Act

34/1988 of 11 November, to read as follows:

“1 bis. When an advertisement is deemed illegal for its degrading or

discriminatory use of women’s image, the following organisations may

approach the advertiser requesting its withdrawal and rectification:

The Special Government Delegation against Violence against Women.

b) The Institute for Women’s Issues or the equivalent regional body.

c) Legally constituted organisations whose sole objective is the defence of

women’s interests, and which do not include for-profit legal entities

among their members.

d) Those with a legitimate right or interest.”

Three. An additional provision is added to General Advertising Act 34/1988 of

11 November, to read as follows:

“The act of withdrawing an advert when it is deemed illegal for its degrading

or discriminatory use of women’s image, shall be carried out in the way and

under the terms envisaged in articles 26 and 29, except regarding the right to

action which, in addition to the Public Prosecutor’s Office shall correspond to

the persons and institutions referred to in article 25.1 bis of this Act.”

Seventh additional provision. Amendment of the Workers’ Statute Act.

One. A new section 7 is added to article 37 of the Workers’ Statute Act, whose

consolidated text is approved by Legislative Royal Decree 1/1995 of 24 March, with

contents as follows:

“7. Female workers who are the victims of gender violence shall have the

right to a reduction in their working day, with a proportional reduction in wages,

or the reorganisation of work time, through the adaptation of working hours, the

application of flexitime or some other form of work time organisation used

within the company, in the interests of their protection or to exercise their

entitlement to integrated social assistance.

These rights shall be exercised under the concrete terms established for

such cases in collective bargaining agreements or agreements between the

company and workers’ representatives, or the direct arrangement made between

the company and the worker concerned. Failing this, the concrete expression of

these rights shall be left to the worker in accordance with the rules set out in the

previous section, including those on the settlement of discrepancies.”

Two. A new section 3 bis) is added to article 40 of the Workers’ Statute Act,

whose consolidated text is approved by Legislative Royal Decree 1/1995 of 24

March, with contents as follows:

“3 bis) Female workers suffering gender violence who are obliged to

leave their jobs in the localities where they were working in the interests of their

protection or to exercise their right to integrated social assistance, shall have the

pre-emptive right to occupy any vacancy of the same professional grade or

equivalent category which the company has in another of its workplaces.

In such cases, the company shall inform the worker of the posts vacant at

that moment or those that may become so in future.

The transfer or change of workplace shall initially be for a period of six

months, during which the company shall hold the worker’s previous post in

reserve for her.

At the end of this period, the worker may opt either to return to her

previous post or stay on in the new one. If she chooses the latter, the obligation

to reserve her previous post shall automatically lapse.” Three. A new letter n) is added to article 45, section 1 of the Workers’ Statute

Act, whose consolidated text is approved by Legislative Royal Decree 1/1995 of 24

March, with contents as follows:

“n) By decision of the worker obliged to leave her job as a consequence

of being the victim of gender violence.”

Four. A new section 6 is added to article 48 of the Workers’ Statute Act, whose

consolidated text is approved by Legislative Royal Decree 1/1995 of 24 March, with

contents as follows:

“6. In the case envisaged in letter n) of article 45, section 1, the

suspension shall initially be for a period of no more than six months, unless it is

deemed that the victim’s safety can only be ensured by the prolongation of the

same. In this case, the Judge may extend the suspension for three-month periods

up to a maximum of eighteen months.”

Five. A new letter m) is added to article 49, section 1 of the Workers’ Statute

Act, whose consolidated text is approved by Legislative Royal Decree 1/1995 of 24

March, with contents as follows:

“m) By decision of the worker obliged to leave her job as a consequence

of being the victim of gender violence.”

Six. The second paragraph of letter d) of article 52 of the Workers’ Statute Act,

whose consolidated text is approved by Legislative Royal Decree 1/1995 of 24

March, is amended to read as follows:

“For the purposes of the preceding paragraph, workers shall not be

deemed to be absent from work in the case of absences due to official strike

action, for the duration of the same, or to the exercise of workers’ representation,

accidents at work, maternity, risk during pregnancy, illness caused by

pregnancy, childbirth or breastfeeding, leave of absence and holidays, non

occupational accident or disease, when the leave has been advised by official

healthcare services and lasts for over twenty consecutive days, or in the case of

the physical or psychological consequences of gender violence, as accredited by

the corresponding social services or health services.”

Seven. Letter b) of article 55, section 5 of the Workers’ Statute Act, whose

consolidated text is approved by Legislative Royal Decree 1/1995 of 24 March, is

amended to read as follows:

” That of pregnant workers, from the start of pregnancy to the start of the

suspension period referred to in a); that of workers who have applied for one of

the types of leave referred to in sections 4 and 5 of article 37 of this Act, or are

currently enjoying such leave, or have applied for the leave of absence provided

for in article 46, section 3 thereof; and that of female workers suffering gender

violence pursuant to their rights to the reduction or reorganising of working hours, geographical mobility, a change of workplace or suspension of work

under the terms and conditions envisaged in this Act.”

Eighth additional provision. Amendment of the General Social Security Act.

One. A new section 5 is added to article 124 of the General Social Security Act,

whose consolidated text is approved by Legislative Royal Decree 1/1994 of 20 June,

with the following contents:

“5. The period of suspension of employment with reservation of post

envisaged in article 48.6 of the Workers’ Statute shall be considered an effective

contribution period for the purposes of Social Security entitlements for

retirement, permanent disability, death or survival, maternity and

unemployment.”

Two. Section 1.1e) and section 1.2 of article 208 of the General Social Security

Act, whose consolidated text is approved by Legislative Royal Decree 1/1994 of 20

June, are amended to read as follows:

“1.1e) By voluntary decision of the worker, in the circumstances

envisaged in articles 40, 41.3, 49.1m) and 50 of the Workers’ Statute.

1.2 When the employment relation is suspended by virtue of an

approved layoff plan, or a court ruling issued in the course of bankruptcy

proceedings, or in the circumstance envisaged in article 45, section 1 of the

Workers’ Statute.”

Three. Section 2 of article 210 of the General Social Security Act, whose

consolidated text is approved by Legislative Royal Decree 1/1994 of 20 June, is

amended to read as follows:

“2. Calculations of the in-work contributions referred to in the

preceding section shall factor all the contributions not assigned to a previous

entitlement, whether on a contributory or a welfare basis. However, those rights

recognised by virtue of the suspension of employment envisaged in article

45.1n) of the Workers’ Statute shall not be considered a previous entitlement.

Contributions corresponding to the period over which benefit is paid by

the manager or the company, as the case may be, shall not count towards

entitlement, except when the benefit is received by virtue of the suspension of

employment envisaged in article 45.1n) of the Workers’ Statute, as established

by article 124.5 of this Act.”

Four. Section 2 of article 231 of the General Social Security Act, whose

consolidated text is approved by Legislative Royal Decree 1/1994 of 20 June, is

amended to read as follows:

“2. For the purposes of this title, the jobseeker’s commitment shall be

understood as the commitment acquired by claimants or beneficiaries to actively

look for work, accept a suitable post and take part in motivation, information,

guidance, training, recycling or professional insertion actions to improve their

employability, and to meet the remaining obligations set forth in this article. In applying the rules set out in the preceding paragraph, the competent

Public Employment Service shall give special consideration to the cases of

gender violence victims, releasing them, where necessary, from full compliance

with the conditions deriving from the signed commitment.”

Five. A new additional provision is added to the General Social Security Act,

whose consolidated text is approved by Legislative Royal Decree 1/1994 of 20 June,

with the following contents:

“Fortieth additional provision. Accreditation of legal situation of unemployment.

The legal situation of unemployment envisaged in articles 208.1.1e) and 208.1.2

herein, when referring, respectively, to articles 49.1m) and 45.1n) of the Workers’

Statute Act, shall be accredited by a written communication from the employer of

the termination or suspension of employment, together with the protection order in

the victim’s name or, failing that, a report from the Public Prosecutor’s Office stating

that evidence exists that the claimant is a gender violence victim.”

Ninth additional provision. Amendment of the Civil Service Reform Act.

One. Section 3 of article 1 of Civil Service Reform Act 30/1984 of 2 August

shall read as follows:

“3. The following shall be considered bases of the civil servants code,

pursuant to article 149.1.18 of the Constitution, and therefore applicable to all

government authority staff: articles 3.2e) and f); 6; 7; 8; 11; 12; 13.2; 3 and 4;

14.4; and 5; 16; 17; 18.1 to 5; 19.1 and 3; 20.1a), b), first paragraph, c), e), g) in

its first to fourth paragraph, e i); 2 and 3; 21; 22.1, excepting the two last

paragraphs; 23; 24; 25; 26; 29, excepting the final paragraph of its sections 5, 6

and 7; 30.5; 31; 32; 33; its third, 2 and 3, fourth, twelfth and fifteenth additional

provisions; second, eighth and ninth transitional provisions.”

Two. A new section 3 is added to article 17 of Civil Service Reform Act

30/1984 of 2 August.

“3. In the framework of the Agreements concluded by the government

authorities to facilitate civil servant mobility, special consideration shall go to

female civil servants who are the victims of gender violence”.

Three. A new letter i) is added to article 20, section 1 of the Civil Service

Reform Act 30/1984 of 2 August , to read as follows:

“i) Female civil servants suffering gender violence who are obliged to

leave their job in the locality whether they were working in the interests of their

protection or to exercise their entitlement to integrated social assistance, shall

have a pre-emptive right to occupy another post within their corps or grade of

analogous characteristics which is vacant or of a statutory nature. The competent

government authority in each case shall inform the victim of the statutory posts

to be filled in the same locality or any other localities she may specify.” Four. A new section 8 is added to article 29, section 8 of the Civil Service

Reform Act 30/1984 of 2 August , to read as follows:

“8. Leave of absence for reasons of violence against women civil servants.

Female civil servants suffering gender violence may apply for leave of

absence in the interests of their protection or to exercise their right to integrated

social assistance, whether or not they have completed a minimum length of

service and with no limitation on the leave period. Their post shall be reserved

for them over the first six months, which period shall also count towards

promotion, seniority payments and retirement entitlement.

Despite the foregoing, when legal protection measures require so for the

victim’s safety, the period of leave over which the post is reserved under the

terms of the preceding paragraph may be extended for three-month periods up to

a maximum of eighteen months, with identical effects to those expressed

therein.”

Five. A new section 5 is added to article 30 of the Civil Service Reform Act

30/1984 of 2 August, to read as follows:

“5. In cases where female civil servants suffering gender violence have

had to be absent from work for related causes, such absence, whether total or

partial, shall be deemed to be justified, for the time and under the conditions

stipulated by the social services or health services, whichever is relevant.

Female civil servants who are the victims of gender violence shall have

the right to a reduction in their working day, with a proportional reduction in

wages, or the reorganisation of work time, through the adaptation of working

hours, the application of flexitime or some other available form of work time

organisation, in the interests of their protection or to exercise their entitlement to

integrated social assistance, under the terms laid down by the government

authority competent in each case.”

Tenth additional provision. Amendment of the Organic Judiciary Act.

One. Article 26, section 2 of Organic Judiciary Act 6/1985 of 1 July is

amended to read as follows:

“Article 26.

First Instance and Magistrates Courts, Commercial Courts, Violence against

Women Courts, Criminal Courts, Administrative Law Courts, Employment Law

Courts, Juvenile Courts and Courts of Prison Vigilance.”

Two. The heading of book I, title IV, chapter V of Organic Judiciary Act

6/1985 of 1 July is amended to read as follows:

“Chapter V. On the First Instance and Magistrates Courts, Commercial Courts,

Criminal Courts, Violence against Women Courts, Administrative Law Courts,

Employment Law Courts, Juvenile Courts and Courts of Prison Vigilance.” Three. Article 87, section 1 of Organic Judiciary Act 6/1985 of 1 July is

amended to read as follows:

“Article 87.

1. The Magistrates Courts shall deal with the following matters under

criminal law:

a) Investigation of criminal causes to be heard in County Courts and

Criminal Courts, except those coming under the jurisdiction of the

Violence against Women Courts.

b) They shall also hand down judgement in undefended cases when the

law so provides.

c) Hearing of misdemeanour proceedings, except those under the

jurisdiction of Justices of the Peace or Violence against Women

Courts.

d) “Habeas corpus” proceedings.

e) Legal appeals against the decisions of Justices of the Peace in their

judicial district, and questions of assigning competence between

them.

f) The issue of protection orders for victims of violence against women

when acting as a duty court, provided such order may not be issued

by the Violence against Women Court.”

Three bis. A new paragraph is added to article 89 bis, section 2 of Organic

Judiciary Act 6/1985 of 1 July, with contents as follows:

“To facilitate the hearing of cases investigated by Violence against Women

Courts, one or several courts in each province should specialise, depending on

the caseload, in accordance with article 98 of the present Act.”

Four. Article 210, section 1 of Organic Judiciary Act 6/1985 of 1 July is

amended to read as follows:

“1. The Judges of First Instance and Magistrates Courts, Commercial

Courts, Criminal Courts, Violence against Women Courts, Administrative Law

Courts, Juvenile Courts and Employment Law Courts shall take turns in

localities where there are several judges of the same court, in the form laid down

by the Government Division of the Regional High Court, at the proposal of the

Board of Judges.

Five. A new paragraph is added to article 211, section 3 of Organic Judiciary

Act 6/1985 of 1 July, with contents as follows:

“Violence against Women Judges shall be replaced by Investigating Judges

or Judges of the First Instance and Magistrates Court in the order established by

the Government Division of the corresponding Regional High Court.” Eleventh additional provision. Evaluation of the Act’s implementation.

The Government, in collaboration with the Autonomous Communities, shall

prepare a report evaluating the effectiveness of this Organic Act in combating

violence against women three years after its entry to force, which report shall be

presented to the Congress of Deputies.

Twelfth additional provision. Amendment of the Criminal Procedure Act.

A fourth additional provision is added to the Criminal Procedure Act, with

contents as follows:

“1. The references made to the Investigating Judge and the Judge of the

Court of First Instance in article 554 ter of this Act, sections 1 and 7, in the

reading given by Act 27/2003 of 31 July, regulating the Protection Order of

Victims of Domestic Violence shall be understood as extensive to the Violence

against Women Judge.

2. The references made to the Duty Judge in book IV, title III and articles

962 to 971 of this Act shall be understood as extensive, where appropriate, to the

Violence against Women Judge.”

Thirteenth additional provision. Establishment of the Fund.

In order to contribute to the start-up of the services provided for in article 19 of

this Act, and ensure interterritorial equity in its implementation, a Fund shall be

established which Autonomous Communities may draw on during the two years

following the entry to force of this Act, in accordance with the objective criteria

defined by the corresponding Sectoral Conference. Notwithstanding this, the

Autonomous Communities of the Basque Country and Navarre shall be governed in

these financial aspects by their special economic regimes.

The Autonomous Communities, in the exercise of their powers, shall undertake

a joint diagnosis with local authorities on the impact of gender violence in their

region, along with an assessment of their needs, resources and service requirements

pursuant to article 19 of this Act. The said analyses shall be conducted during the

first year after the Act is approved.

Allocation to the Fund shall be as specified in respective General State Budget

Acts.

Fourteenth additional provision. Economic impact report.

Notwithstanding the financial responsibility of Autonomous Communities, as

established in Act 21/2001 of 27 December, and in accordance with the principle of

constitutional loyalty enshrined in article 2.1e) of Organic Act 8/1980 of 22

September on Autonomous Community Financing, the competent ministries shall, at

the instance of the corresponding interterritorial bodies, draw up reports on the

economic implications of this Act. These reports shall be presented to the Ministry

of Finance which shall refer them to the Council of Fiscal and Financial Policy. Fifteenth additional provision. Agreements on housing matters.

The Government may, through agreements with the competent authorities,

promote special access to subsidised housing for the victims of gender violence.

Sixteenth additional provision. Coordination of Public Employment Services.

Pursuant to Employment Act 56/2003 of 16 December, steps will be taken to

coordinate Public Employment Services so as to facilitate the labour market access

of gender violence victims when they change residence in the exercise of their right

to geographical mobility, and such change of residence of is from one Autonomous

Community to another.

Seventeenth additional provision. School enrolment.

The education authorities shall take the necessary steps to ensure the immediate

school enrolment of children when a woman changes residence for reasons of

gender violence.

Eighteenth additional provision. Organisation of Violence against Women Courts.

“2. In exceptional circumstances, the change may be authorised by Royal Decree

at the proposal of the Ministry of Justice, after consultation with the Council of

State, even though the requisites stated in the said article are not met. Where the

person applying for a change of surname is a victim of gender violence, and in any

other case where the urgency of the matter so advises, the change may be authorised

by a Ministry of Justice Order under the terms set by the Regulation.”

An annex XIII is appended to Act 38/1988 of 28 December on Judicial

Organisation, whose text is annexed to this Organic Act.

Nineteenth additional provision. Pension Guarantee Fund.

The State shall guarantee the payment of accrued and overdue alimony to the

underage children as set in a court-approved settlement or by means of a court order,

through specific legislation laying down a coverage system for such eventualities.

The said text shall deal expressly with the case of gender violence victims.

Twentieth additional provision. Change of surname.

Article 58 of the Civil Registry Act of 8 June 1957, shall read as follows:

First transitional provision. Application of measures.

Civil or criminal proceedings relating to gender violence which are under way at

the time of entry to force of this Act shall remain under the jurisdiction of the bodies

hearing them until a final and binding judgement is issued. Second transitional provision. Transitional law.

The Courts or Tribunals dealing with cases of gender violence which are being

heard when this Act comes into force may adopt the measures set out in title V,

chapter IV.

Single derogatory provision.

All legal provisions of the same or lower level that are inconsistent with the

terms of this Act are hereby repealed.

First final provision. Legal references.

All references and mentions to Investigating Judges contained in criminal

proceedings legislation shall be understood as referring also to Violence against

Women Judges in their area of competences.

Second final provision. Competence authority.

This Act is enacted in reliance upon article 149.1, sections 1, 5, 6, 7, 8, 17, 18

and 30 of the Spanish Constitution.

Third final provision. Status of this Act.

This Act has the status of an Organic Act, with the exception of the following

precepts: title I, title II, title III, articles 42, 43, 44, 45, 46, 47, 70, 71, 72, and its

first, second, sixth, seventh, eighth, ninth, eleventh, thirteenth, fifteenth, sixteenth,

seventeenth, eighteenth, nineteenth and twentieth additional provisions, its second

transitional provision and its fourth, fifth and sixth final provisions.

Fourth final provision. Statutory faculty.

1. The Government is empowered to issue all necessary provisions for the

application of this Act within six months of its publication in the “Official State

Gazette”.

Within this term, the Ministry of Justice shall make all necessary

arrangements for the establishment of the Violence against Women Courts, and to

make the changes prescribed in the organisational structure of the Public

Prosecutor’s Office.

2. Within six months from the entry to force of this Organic Act, the General

Judiciary Council shall issue the necessary regulations for the adaptation of duty

services to the existence of the new Violence against Women Courts, the

organisation of their timetable and appointments system, and proper coordination

between the Judicial Police and the said Courts.

Fifth final provision. Regulatory amendments.

Within six months from the approval of this Organic Act, the Government shall

amend article 116.4 of Royal Decree 190/1996 of 9 February approving the Prison

Regulations, making it incumbent on the Prison Authorities to organise the specific inmate programmes envisaged herein. It shall also, within the same term, amend

Royal Decree 738/1997 of 23 May and Royal Decree 996/2003 of 25 July.

Within the term referred to in the preceding paragraph, the Central Government

and Autonomous Communities shall adapt their legislation to the provisions of this

Act in their respective areas of competence.

Sixth final provision. Amendment of Act 1/1996 of 10 January on Free Legal Aid

Article 3, section 5 of Act 1/1996 of 10 January on Free legal Aid is amended to

read as follows:

“5. Nor shall the victims of gender violence be required to give prior proof of

inadequate means when applying for specialist free legal counsel, which they

shall immediately be assigned, irrespective of whether they are later refused

such entitlement and have to pay the lawyer the fees due for his or her services.”

Seventh final provision. Entry into force.

This Organic Act shall come into force on the thirtieth day following its

publication in the “Official State Gazette”, except for the provisions of titles IV and

V, which shall come into force in six months.

In consequence, I hereby order all Spaniards, individuals and authorities, to obey and uphold this organic act.

Madrid, 28 December 2004.

JUAN CARLOS R.

President of the Government

JOSE LUIS RODRIGUEZ ZAPATERO

According to Jose Ignacio Francés Sanchez, from the beginning of the creation of this law, a gray cloud was stopping to guess between the professional near to the right a difference sensation with the rest of the laws.

Let’s analyze these 3 points and let’s discover the problem of a law badly applied.

The article 14 of the Spanish constitution says textually: ” The Spanish are equal in the eyes of the law, without some discrimination could prevail because of birth, race, sex, religion, opinion or any other condition or personal or social circumstance. “

If we analyze this point and realize a comparison between the denunciation presented by the man and the woman, this law is literally contradictory with the article in question, and to go out of doubts, let’s put a royal example of the hundreds that we might include and that this lawyer knows in the first person: ” a discussion between a pair in the one that is insulted mutually, both being threatened equally you divide with future aggressions, even being attacked slightly (for weigh anchor we can speak about a push, insisting in that we reject any type of action that is not the dialog) “. We must clarify that at this moment of the situation they are denunciations and not proven facts “.

Of both presented denunciations and unlike what says the article 14 of the constitution the opposite is deduced rightly, since they should follow the same way according to the right to the equality, but not beyond at all of the reality or of the constitution

· In case of the denunciation interposed by the man, this one will direct for herself an examining magistrate’s court that will give origin to a judgment of lack, in fact, probably the police call to declaring the denounced one to police station and it will return to his house calmly, until the day of the judgment, being all the same the fact that there have been contributed tests that at first seem to be irrefutable “

· In case of the denunciation interposed by the woman, it will derive in the automatic detention of the man, it is all the same where it is, his work (with the repercussion of his damaged image, in a bar or in a park with his children), it will be handcuffed, moved to dependences police and bound to happen the night in jails, be innocent or guilty. Likewise there will be all the same the tests that he presents, if he presents them, since they are not obligatory; the result, the incarceration.

Fundamental beginning damaged in this first action.

Art.14 of the Spanish Constitution ” the right to the equality ” there does not apply the law of the same form to him that to her.

Art 17.1 of the Spanish Constitution ” the right to the freedom ” since it is not necessary to have any more than a simple declaration without test to enclose the man, is all the same the used word, to enclose, to stop, to retain, in the end it is the same thing, you are behind bars with other arrested who yes can be delinquents.

Art. 167 of the Penal Code. Since it is not even the first one, not the second time that this lawyer has met in police station a video of the happened where the falsehood of the denunciation was verified and the arrested has continued happening the night in jails.

Art. 24 of the Spanish Constitution, right to the judicial guardianship and to the presumption of innocence. 

Art. 24.2 of the Spanish Constitution: The load of the test relapses into the penal procedure on the claimant, and this load can consist of tests or rational indications.

Unlike what it dictates our classification, the load of the test in the denunciation of the woman towards his ex-pair, pair …

Relapses on the denounced one. In such a way that if there are neither witnesses nor tests how can it demonstrate the denounced one that has not happened what has not happened?

Simply you cannot, and it is what receives the name of diabolical test. Other examples can be the insults and threats, which in case of the denunciation interposed by the man take prepared sorrow of fines from 10 to 20 days according to the article 620.2 economic slight sanctions.

And in the denunciations presented by the woman, sorrow from 6 months to 3 years of prison (article 173), carrying equally order of withdrawals from 1 to 5 years and the disability to practise the guard of the common children, on having been considered to be a crime of gender violence.

At first I do not believe that it was negative to eradicate the automatism so much in the automatic accusation on the part of the district attorney’s office, since in the detention and join jails, except that they appreciate royal indications, since it is not the first time that the happened be demonstrated by video before police station they have continued supporting in jails to the innocent one, that is to say an unlawful arrest on the part of the bodies of national security that has a sorrow superior to two years. 

The aim of this law must be always chase the delinquent, though assuring not to apply judicial sorrow to innocent.

Extract his own conclusions.

Jose Ignacio Francés Sanchez, IFS Lawers

 

 

 

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