THE SPANISH LEGISLATION ON VIOLENCE AGAINST WOMEN: CHALLENGES AND FACTS

1. THE SPANISH LEGISLATION ON VIOLENCE AGAINST WOMEN: CHALLENGES AND FACTS Carmen de la Fuente Méndez Spain United Nations Vienna, May 2008

2. Legal framework prior to the Integral Act • Organic Act 38/2002, to introduce the fast judgements of specific offences and minor offences, enabling cases of domestic violence to be judged within 15 days from the offence. • Organic Act 11/2003, which considers formerly minor injury offences in the family environment as criminal offences in the new section 153 of the Criminal Law, including in the latter any psychological effect or undefined injury as an offence. • Organic Act 13/2003, on the subject on pre-trial detention, allows the adoption of precautionary pre-trial detention measures in this kind of crime, with the aim of preventing the risk of new actions against the legal rights of the victim. • Organic Act 15/2003, introduces the obligatory imposition of the additional penalty of protection orders in any case of domestic violence. • Act 27/2003 on regulation of Protection Order of Victims of Domestic Violence which, for the first time in our legislation, alludes to the difference between gender violence in the sphere of an intimate relationship and other forms of intra-family violence and issues the so called “integral status of protection of the victim”.

3. “Fast trials” When the police surprise the criminal committing the crime, they must detain him and summon the victim and witnesses before court. If the defendant pleas guilty, the Examining Magistrate´s Court may judge and sentence him. If not, the trial is to be held in fifteen days before the Criminal Court. Victim may ask for preventive protection until sentencing is final. “Normal trials” The protection order may last until sentencing or while there is a risk of new violent acts. Criminal Procedure (Organic Act 38/2002) Source: http://www.mtas.es/igualdad Total number of criminal procedures on matters related to gender violence (2005-2007)

4. Protection order (section 544 ter of the Code of Criminal Procedure, amended by Act 27/2003) • Protection Order Form shoud be filed • Form and evidence (such as victim´s evidence, witnesses´ testimony, police reports and medical reports,...) should be given to the court • Jurisdictional authority: Examining Magistrates‘ Court where the complaint is filed • Protection Order‘s Hearing: should be held within 72 hours after the petition Examining Magistrate‘s Court

5. CRIMINAL MEASURES Prohibition to approach the victim, her home, her job or other places she should visit Prohibition to communicate (by telephon, sms, e-mail, post or any other way) Prohibition to possess firearms In case of great risk or great harm to the victim –due to the nature of the offence-, the Examining Magistrate is allowed to take precautionary pre-trial detention measures. Criminal measures may last as long as the procedure lasts (till the case is sentenced or stayed), if there is a risk of a new violent act. If the protection order is violated, a new criminal act is committed, which means a new procedure, punishable with jail term and the possibility of preventive imprisionment. CIVIL MEASURES Family Law measures (temporary child custody. Visitations rights, payment for child support and basic living expenses) Civil measures last 30 days. Within this period, the victim should file for separation or divorce. If not, civil measures fail. ASSISTANCE MEASURES The act recognises to every women that becomes a protection order the so called “integral status of protection of the victim”, that includes labour, social security and economic rights, as well as the right to full social assistance. Protective order (section 544 ter of the Code of Criminal Procedure)

6. Organic Act 1/2004 on Integral Protection Measures against Gender Violence AWARENESS, PREVENTION AND DETECTION MEASURES a) In the education environment: respect for fundamental rights and freedoms and equality between men and women. Among other measures, principles of non-violent education at all academic levels and in on-going teacher training. b) Awareness raising measures in the media: including media campaigns against the use of images of women as sexual objects. c) In Healthcare: to foster the early detection of gender violence, develop awareness-raising measures and training for healthcare personnel, promote common protocols, development of common healthcare indicators for epidemiological monitoring of gender violence

7. Organic Act 1/2004 on Integral Protection Measures against Gender Violence RIGHTS OF VICTIMS OF GENDER VIOLENCE a) Labour rights: work absenteeism or tardiness are justifiable, reduction or rearrangement of working hours, geographic mobility, leave with reservation of job position, resignation without loss of employment rights... b) Social Security rights: Unemployment benefits, leave considered as effective contribution, suspension of the obligatory contribution for self-employment female workers, employment and professional training policies.... c) Economic support measures: for women who need it, an amount equivalent to six months of unemployment benefits to be received during a maximum of 24 months d) Civil rights: among others, facilitation of separation and divorce procedures e) Right to full social assistance: emergency resources for victims of abuse (legal healthcare, psycological and economic support, emergency accommodation, support for dependent sons and daughters, social infrastructure for independence,...), shelter resources for victims of abuse, assistance in criminal and civil court action associated with gender violence f) Specialised legal aid to victims, including free legal aid –advice and defence- to litigate in all administrative processes and judicial procedures directly and indirectly associated with the violence suffered

8. Organic Act 1/2004 on Integral Protection Measures against Gender Violence PENAL AND JUDICIAL MEASURES 1. Specialist Courts of Violence against Women (with criminal and civil jurisdictional authority) 2. “Positive Discrimination”: Violent acts by men against women are punished with a longer sentence. 3. Protection against offences committed in a current or former intimate relationship, such as: a) Offences against physical and psychological integrity, such as homicide, assault and battery, minor and severe injuries, abortion, b) Offences against moral integrity (regular physical and psychological injuries) c)  Offences against freedom, as stalking, threats, coercion d) Offences against sexual integrity e) Any other offence committed with violence or intimidation 4. Penalties: Jail terms, Protection Orders, Prohibition to possess arms. 5. Psychological treatment for aggressors: within the penitenciary system and as obligatory condition in the case of suspension or substitution of the jail penalty

9. CONCLUSIONS • Current legal framework: major reinforcement of the protection of women • ¿Good legislative practices?: Homicides and reports of violent acts increase nevertheless • Judicial and criminal measures vs. Educational measures • Solidarity and Equality for future generations Thank you for your attention