E I G E ´ S S E M I N A R

V I L N I U S , 2 6 N O V E M B E R 2 0 1 5

MONITORING THE IMPLEMENTATION OF THE VICTIM´S RIGHTS DIRECTIVE

PART I

THE D IRECT IVE

THE VICTIM´S RIGHTS DIRECTIVE

• DIRECTIVE 2012/29/EU OF THE EUROPEAN PARLIAMENT AND OF THE

COUNCIL of 25 October 2012, establish minimum standards on the

rights, support and protection of victims of crime.

• The Directive lays down minimum rules.

• Member States may extend the rights set out in the Directive in order

to provide a higher level of protection.

DIRECTIVE DESCRIBES DIFFERENT TYPES OF VICTIMS…

VICTIMS OF CRIME IN GENERAL

• Victims of crime

should be

recognised and

treated in a

respectful, sensitive

and professional

manner without

discrimination of

any kind.

CHILD VICTIMS

• In applying this Directive, children's best interests must be a primary consideration.

• Child victims should be considered and treated as the full bearers of rights set out in this Directive.

• Child victims should be entitled to exercise those rights in a manner that takes into account their capacity to form their own views.

VICTIMS WITH DISABILITIES

• In applying this

Directive, Member

States should ensure

that victims with

disabilities are able to

benefit fully from the

rights set out in this

Directive, on an equal

basis with others.

VICTIMS OF TERRORISM

• Victims of terrorism may need special attention, support and protection due to the particular nature of the crime that has been committed against them.

• Member States should therefore take particular account of the needs of victims of terrorism, and should seek to protect their dignity and security.

VICTIMS OF GENDER-BASED VIOLENCE

• Women victims of

gender-based violence

and their children

require special support

and protection

because of the high risk

of secondary and

repeat victimisation, of

intimidation and of

retaliation connected

with such violence.

PART II C O N S I D E R A T I O N F O R V I C T I M S O F G E N D E R B A S E D V I O L E N C E I N T H E

T R A N S P O S I T I O N O F T H E V I C T I M ´ S R I G H T S D I R E C T I V E :

S P A N I S H L A W A N D P O L I C Y F R A M E W O R K

Spain has made significant

progress in the fight against

gender violence over recent

decades.

The laws of 2003 and 2004 are the

best example.

They were approved

unanimously by all the political

forces, and have been an

undoubted advance.

Law 27/2003, of July 31,

regulating the Order of

protection for victims of domestic violence

Increased security,

stability and legal protection of both victims

and their families

Organic Law 1/2004 of 28

December on Comprehensive

Protection Measures against Gender Violence

Advanced in comprehensive

care, and creates the courts for

violence against women

But, despite the progress of respective laws,

measures and plans adopted by the various

governments, there was still room for improvement.

So the Government of Spain adopted in the last

years a pack of measures to face the challenge…

I

• It has been established a roadmap

consists of 284 measures dedicated to the prevention, detection of abuse,

awareness, personalized attention,

coordination and assistance to the most

vulnerable groups. The strategy counts

with 1,558 million euros.

• But in the fight against gender violence is

essential to convert the legal equality

between men and women in real

equality.

• Therefore, the Government has

established gender violence (with

equality in employment and

conciliation) as a priority of the Strategic

Plan for Equal Opportunities 2014-2016,

with 224 performances and more than

3,100 million euros.

Strategy for the Eradication of Violence Against Women

II

• The laws that regulate the education system, from elementary to high school, address the prevention of gender violence from an early age; with contents settled on equality and in the prevention of violence against women in all stages of education.

• Prevention also affects the health field. Victims often turn to doctors, nurses and pharmacists to entrust the reality they live. Therefore, the Government has set up a protocol that establishes guidelines for early detection, assessment, performance and monitoring of cases.

Better

prevention

III

Among the many actions in this field, it

stands out the campaign “HAY SALIDA”

(“THERE IS AN EXIT”), oriented to the

adolescents and their environment with

4 main objectives:

1. to raise awareness about child abuse and the serious consequences that

can have both short and long term;

2. to encourage teenagers to tell what is happening and seek support from

people they trust;

3. to offer information about resources, care and counseling avalaible;

4. to spread the message that “There is

an exit to gender violence”.

Increase

social

awareness (i)

III

Also among this late actions to increase social awareness, it should be noted:

• The creation of a prize for doctoral

thesis that contribute to a better understanding of gender violence;

• The creation of a prize for Young

Journalists recognizing the works that contribute to better protect and promote the values to erradicate gender violence.

• The Equality Plan in the Information Society adopted in 2014, recognizes the fact that like the media, the ICT (Information and Communications Technology) plays an important role in this field through information campaigns, dissemination and awareness.

Increase

social

awareness (ii)

IV

• Earlier, the victims had legal aid

based on their income. However,

since 2013 they are entitled to a

public defender regardless of their

resources and do not have to bear

the cost of court fees .

• Also, the draft law on free legal

assistance recognizes that women

victims of gender violence,

regardless of their economic

resources are entitled to get free

legal advice immediately prior to

the filing time of the complaint, to

make it as comprehensive as

possible and to include evidence

that avoid dismissals.

Promotion of complaints: legal aid and previous advice

V

• The Government has strengthened the 016 phone number, which is more comprehensive by incorporating the 016 online and the Svisual platform for women with impaired hearing .

• Calls in 2013 grew 4.4 % and in 2014 another 17.8 %.

• In the first half of 2015, we have received 35,714 calls to 016.

• Government also improved the

Telephone Service and Protection of Victims of Domestic Violence (ATENPRO), which is now more accessible to be adapted to women with hearing and visual impairments, and have expanded into more languages .

• At December 31, 2014 there were 10,502 active users compared to 10,426 in 2013 and 9,939 in 2011.

Comprehensive,

personalized

assistance; and

employment

promotion (i)

V

• The Government also works to promote the

access of victims to the labor market as a

prerequisite for improving their

independence and their economic and

social status.

• Contracts subsidized for victims increased

by 56 % this term.

• Also they remain intact the aids for

unemployed women. They were transferred

for this purpose in 2012 and 2013 a total of

3.5 million euros.

• The Business Network for a Society Free of

Gender Violence brings together many

public and private companies,

foundations, etc.

• Throughout 2014, 744 women were

recruited through 1017 contracts.

Comprehensive,

personalized

assistance; and

employment

promotion (ii)

VI

• On July 2014, a Protocol was subscribed to

improve the coordination between shelters offered for women victims of gender

violence and their children.

• Thanks to this agreement, 15 autonomous

communities and the autonomous cities of

Ceuta and Melilla coordinate their

networks of shelters to improve the safety

and security of victims and the children in their care, and facilitate their full recovery .

• The movement between shelters will be

done under the principles of speed,

security and confidentiality and with an

aspect to consider: if the woman does not

have sufficient financial resources, the

Community from which she comes will be

responsible for travel expenses.

Improving the

institutional

response: better

coordination (i)

VI

• The Government is working to improve the

forensic medical assessment protocols and

the assessment protocol of psychological risk of gender violence; both to be made

by comprehensive forensic assessment

units.

• We are now testing a new police form of

risk assessment, in which new items have

been included.

• Also we are working to connect the

databases of orders of protection coming

form the different terrritories (CCAA), with

the comprehensive monitoring system

(VIOGEN ) that exists at national level.

Improving the

institutional

response: better

coordination (ii)

VII

• The transposition of the DIRECTIVE

2012/29/EU, was made by the Law

4/2015, of April 27, on the Statute of

the crime victim, which entered into

force on 28 October.

• The Law contains in a single

legislative text a general catalog of

rights of all victims of crime.

• It introduces, among others, the

following provisions affecting victims

of gender violence and human

trafficking:

Increased

protection of

victims (i)

STATUTE OF THE CRIME VICTIM (I) LAW 4/2015

• Victims of gender violence get an

improvement in assistance and protection

rights (including procedural and extra-

procedural).

• In addition, the Statute refers to the

provisions of special legislation on victims

with special needs or special vulnerabilities,

such as victims of gender violence under

the Organic Law 1/2004 of 28 December

on Comprehensive Protection Measures

against Gender Violence.

• Husband of the direct victim of the crime or

the person who had been attached to her

by a similar relationship, shall not be

considered an indirect victim of crime in

the case he is responsible of the facts.

• Guarantees for victims of gender violence

notification of certain court resolutions

without previous request, so that they are

informed of the prison situation of the

accused or convicted.

• Gives visibility as victims to the children

who are in an environment of violence, to

guarantee their access to care and support

services, as well as the adoption of

protective measures with the aim of

facilitating their full recovery.

• The specific needs of protection of victims

of gender violence and human trafficking

will be taken into account in the individual

assessment of victims to identify their

special protection needs

STATUTE OF THE CRIME VICTIM (II) LAW 4/2015

• Victims of gender violence may

participate in the execution of

sentences, appealing against certain decisions of the courts,

even if they are not a party of the

case:

- Classification in third grade.

- Granting parole.

- Prison benefits, exit permits, etc.

• The Statute also strengthen the

protection of children of women

victims of gender violence in the

framework of the protection order, to provide that the court must

decide in any case, even ex

officio, on the relevance of

adopting civil measures (regime of

custody, visitation, communication

and accommodation, etc.).

• Previously, the judge could only

adopt measures of civil nature in

the order of protection upon the

request of the victim or his legal representative, or the prosecutor.

VII

• Moreover, the Organic Law 7/2015, of

July 21, approved an amendement to

extend the competencies of the courts

for Violence against Women, to include

offenses against privacy, the right to self-

image and honor of women; and crimes

of breaching conviction or injunction.

• The specific characteristics of gender

violence also make necessary the

specialized training of all judges to effectively develop their functions; which

is reflected in the selection tests for entry

and advance in the judicial career, that

include the study of the principle of

equality between women and men,

including measures against gender

violence, and its application in the field of judicial function.

Increased

protection of

victims (ii)

VII

• Also, the law ensures the technical and

professional assistance from those attached to the administration of justice,

especially in the area of the Institutes of

Legal Medicine and Forensic Sciences,

which will be integrated by psychologists

and social workers specialized in the assistance to victims of gender violence.

• And that the Judicial Statistics also take

into account the sex variable.

• In addition, Royal Decree -Law 27/2012,

of 15 November, on urgent measures to strengthen the protection measures for

mortgage debtors, disposes that victims

will benefit from the suspension of the

eviction in the event that the mortgaged house is their usual residence.

Increased

protection of

victims (iii)

VII

• Finally, the Law 23/2014, of November 20,

about mutual recognition of criminal

judgments in the European Union, incorporated into Spanish law various

Framework Decisions and Directive

2011/99/ EU of 13 December 2011, on

the European protection order and

mutual recognition of criminal

judgments, strengthening the protection

of victims of gender violence at the level

of EU member States .

Increased

protection of

victims (iv)

VIII

• It is necessary to immediately remove

the children from the cycle of violence.

• Therefore, new laws for the protection of

children and adolescents first

recognized the children as victims of

gender violence.

• Moreover, the obligation of judges to

rule on precautionary measures

affecting children of battered women is

established, and it is expected that these children can stay with their

mothers .

More visibility

and protection

for child victims

of gender

violence (i)

VIII

• On pensions it is possible for the

Administration provisionally suspend the payment of the widow's pension when

the applicant is suspected committing

homicide, and therefore concludes the

criminal proceedings.

• That will not affect the alimony for

children.

• The increase of orphans' pensions in the rules on public pensions is expressly

provided.

More visibility

and protection

for child victims

of gender

violence (ii)

VIII

• Following the same line, to make

children visible as victims, they are

entitled to the same measures of

assistance and protection than the victims of these crimes.

• Similarly, the Government has given

visibility to minors including them in the

statistics since January 2013.

• And the Basic Protocol for Intervention

Against Child Abuse adopted in June

2015 specifically considers gender

violence.

• Also, in 2014 has been published an

Agreement for the adoption of a

Protocol related to the Unaccompanied

Foreign Minors, which includes aspects related to the protection of potential

victims of foreign trafficking.

•

More visibility

and protection

for child victims

of gender

violence (iii)

IX

• The new Penal Code entered into force in July 2015, improved the criminal

response to gender violence to new

offenses of forced marriage; bullying,

harassment and stalking; and of

cancellation or disruption of the

bracelets, security measures or

protective measures.

• This amendment explicitly states that

probation can be used to prevent the

danger of gender violence.

• It also improves the regulation of the

crime of human trafficking and forced

prostitution.

• In addition, the draft Law on Volunteers,

says that convicted of gender violence

may not form part of programs that

involve contact with families, women or

youth.

A more effective

control of the

aggressors and

new offenses

X

• Throughout the term, the Government

has transferred nearly 18.5 million euros

to the Autonomous Communities for the comprehensive care of women victims

of gender violence and their children.

• This legislature the Government have

also transferred 19 million euros to social

programs aimed to prevent violence against women in all its forms, including

full protection victims.

• In 2014, this transfer was an 8.3% more

than in 2013.

More aids (i)

X

• We have gone from 2,276 aids for

victims to change residence in 2011, to

6,601 in 2014; that is more than 58%.

• And it has increased from 29,065 to

34,550 the number of percipient victims

of Active Insertion Income.

• A change in the Code of Civil

Procedure, ban the seize of the

economic aids received by victims of gender violence.

• Also, those aids are exempt on income

tax.

More aids (ii)

XI

• The Draft State Budget for 2016

envisages an increase of 1.5 million

(6.32%), with a total amount of 25.23 million euros.

• Over 60% of the budget goes to

providing care services.

• To maximize efficiency and improve

coordination we have increased the

budget for welfare programs for women

victims of gender violence by 1 million

euros, in addition to the existing 4 million on this concept in 2015, representing an

increase of 25 %.

• We also increased by 707,000 euros the

item of social assistance for women,

reaching 1.70 million euros; which is

70.78 % more.

Budget

Commitment

XII

• Radiograph reality and further research is essential.

• Therefore the Government gives

information through an online newsletter

and disseminates various studies, which

has increased transparency.

• We have also increased the statistical

information by adding new data and

producing an annual statistical bulletin.

• Also, the Government launched in

March 2015 the first statistical web site

against gender violence; a new software tool for the dissemination of the data

available with easy operation. It can be

accessed at:

http://estadisticasviolenciadegenero.msssi.gob.es

More data and

greater

transparency

XIII

• Government has strengthened the fight

against other forms of violence against women.

• To this end, in January 2015 it adopted

the Common Protocol for Health Action

in relation to female genital mutilation, in order to improve the health of women

and girls affected, as well as work on

prevention.

• And this year the Integral Plan Against

Trafficking in Women and Children for

Sexual Exploitation 2015-2018 was approved.

Other forms of

violence against

women

PART III R E S U L T S

SOCIAL PERCEPTION OF GENDER VIOLENCE (I)

On June 2014, a survey by the

Sociological Research Center (CIS)

was presented over a sample of 2,580

people in relation to the social

perception of gender violence:

• 92% of respondents considered

unacceptable violence against

women; a percentage that rises to 98 % in the case of physical and

sexual abuse.

• 31% accepts some form of control

violence in the couple (control of timetables or tell the couple what

can or can not do).

• 66% believe that violence against

women has not increased, but now come to light more cases.

• 79% believe that awareness

campaigns are useful to raise awareness about gender violence;

and 77% believe that they serve to

help victims to become aware of their situation.

• Between the most effective

resources to help victims, is the

most cited psychological support

(18%) followed by shelter

accommodation ( 17%).

SOCIAL PERCEPTION OF GENDER VIOLENCE (II)

On January 2015 was presented the Study for Social Perception of Gender Violence in Adolescence and Youth conducted by the CIS commissioned by the Government, with a sample of 2,457 people of both sexes from 15 to 29 years. Among the key findings are:

• 96% of women and 92% of young men consider unacceptable gender violence.

• Physical and sexual violence is rejected by 97% of youth, and verbal violence by 93% .

• 67% consider unacceptable control-violence.

That means that one in three young people (33%) considered acceptable in some circumstances to “control the times of the couple”; to “prevent the couple from seeing family or friends”; “not allowing the partner to work or study”; or “say the things that the couple may or may not do”.

Consequently, we can say that there is widespread rejection of violence against women but there is still a significant portion of the population that shows tolerance to control-violence.

SOCIAL PERCEPTION OF GENDER VIOLENCE (III)

Finally, on March 2015 was presented the Macro-Survey on Violence against Women, that has been carried out in collaboration with the CIS. This is the largest study ever done in Spain on gender violence. These are the highlights:

• 77.6% of abused women get out of the violence environment; five points more than four years ago (72.4%), when the previous survey was conducted.

• A 12.5% of women aged 16 and over residing in Spain has suffered physical and/or sexual violence by their partners or former partners: that is under the European average (22%).

• A new question was introduced relating to whether, as a result of abuse, she

ended the relationship: 67.4 % said yes.

• The majority of women victims say they are very or quite satisfied with the care provided by the Security Forces or by medical staff when they need their help.

• 64.2% of female victims who had children under 18, say that the abuse was also committed upon them.

EUROPE RECOGNIZES THE PROGRESS

In the Progress Report on Equality between Men and Women prepared by the European Commission and published on April 2014 the achievements of the past year in this area within the EU-28 are analyzed with respect to the Six Priorities Strategy for equality between women and men 2010-2015.

• In the area of gender violence they are valued positively the actions undertaken by Ireland and Spain.

• About Spain, they highlight the systems and services of protection, security, care and recovery of victims of gender violence and their children.

• Furthermore, the Committee of Parties to

the Convention of the Council of Europe

for Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) at its first meeting in May 2015, has appointed the candidate submitted by Spain as a member of the Expert Group for

Monitoring the Implementation of the Convention (GREVIO).

SPAIN, BETTER THAN EUROPE

In March 2014, the Agency for Fundamental Rights

of the European Union unveiled the results of the

first Europe-wide survey on gender violence. The

results are based on personal interviews with

42,000 women in 28 Member States with an

average of 1,500 interviews per country. These are

the main conclusions:

• 12% of the Spanish women claims to have

suffered physical violence from their partner

ever since the age of 15; compared to 20% of

the European average.

• 4% of the Spanish women claims to have

suffered sexual violence by a partner ever

since age 15; compared to 7% in the EU.

• 33% of Spanish women have suffered

psychological violence from their partner

compared to the European average of 43%.

• 30% of Spanish women has experienced

physical, sexual or psychological violence in

childhood (before 15) compared to 35% in EU.

• 11% of Spanish women suffered sexual

violence in its infancy compared to 12% in EU.

• 50% of Spanish suffered sexual harassment at

some point in their life from 15 years compared

to 55% of Europe.

• 20% of Spanish women who have suffered

violence within the couple has contacted the

police after the most serious incident,

compared to the European average of 14%.

• 83% of respondents in Spain said they had

recently seen or heard advertising campaigns

against gender violence compared to 50% of

the EU average.

PART IV D A T A

COMPLAINTS

• As for the number of complaints regarding gender violence, for the first time

since 2008 there has been an increase.

• According to data released by the General Council of the Judiciary, in 2014,

126.742 complaints were filed. That is 1.5% more than the previous year.

• In 2014, 347 complaints were registered every day.

2007 2008 2009 2010 2011 2012 2013 2014

126.293 142.125 135.540 134.105 134.002 128.543 124.894 126.742

CONVICTIONS

• In 2014 there was also an increase in conviction

sentences for abusers.

• Specifically, over the past year, the Spanish courts

issued a total of 46,313 criminal sentences in the

field of domestic violence, of which 61.2% (28,365)

were convictions.

• That represents an increase of 1,2% over the

convictions in 2013 (60% of the total issued).

NUMBER OF VICTIMS

• 29 women died in Spain until September 9 as a

result of gender violence orphaning 24 minors.

• That is 12 fewer victims to the same day in 2014.

• And 7 fewer victims than in 2013 and 2012.

NUMBER OF VICTIMS

• 2012, 2013 and 2014 were the three years with fewer

victims since there is a record.

THANK YOU VERY MUCH FOR YOUR ATTENTION

More Data in:

http://estadisticasviolenciadegenero.msssi.gob.es