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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