SUMMARY VIOLENCE AGAINST WOMEN STATISTICS:

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1 Spain (Kingdom of Spain) General Country Information: Population: 45,929,476 Female population: 23,258,614 Member of Council of Europe: 1977 Member of European Union: 1986 CEDAW ratified: 1984 CEDAW Optional Protocol ratified: 2001 CoE Convention on preventing and combating violence against women and domestic violence: signed: 11 May 2011 ratified: No SUMMARY Over 10.8% of women experience violence in Spain in their lifetime, with three per cent experiencing it in the last 12 months according to a survey published in There were over 134,105 complaints of adults experience domestic violence in 2010 of which 57,875 were women. National criminal justice statistics are available in Spain. In 2011, 134,000 complaints of intimate partner violence were brought to court, 15,460 cases were dismissed because women gave up the process, 5,383 were provisionally dismissed and a further 42,490 were dismissed. In 2011, 73,930 cases of intimate partner violence resulted in criminal convictions and 18,726 cases resulted in civil convictions. Data on medical interventions related to domestic violence or intimate partner violence is available but is not collected systematically at the national level. There is a national women s helplines in Spain run and fully funded by the State. In 2010 there were 148 women s shelters providing approximately 4,500 shelter places. There are women s centers in every Spanish region; the specific number is not available. There are 27 gender specific support centers for women survivors of sexual violence in Spain. VIOLENCE AGAINST WOMEN STATISTICS: Prevalence Study: The most recent prevalence of violence survey carried out in Spain is the National Prevalence of Violence against Women Survey. 1 The survey was published in The survey is a national violence against women survey. The findings are available in Spanish only. Aiming at addressing the lack of data on violence against women and children in Spain, data was collected from 8,000 women 18 years and above from every Spanish autonomous community. The data is gender disaggregated, the victim being female and perpetrator male. Additionally, the relationship between victim and perpetrator was specified, with all perpetrators being current or former partners. The time period studied covers lifetime experiences of violence and current experiences (the last 12 months prior to interview). The forms of violence measured were physical, sexual, psychological and economic violence. The survey also includes the prevalence on gender-based violence in terms of children who witnessed this form of violence. 3 The prevalence rates given in the report show that 10.8% of women have experienced violence throughout their lifetime with three per cent experiencing it in the last 12 months. 4 Data collection in prevalence survey: As related to regular data collection, prevalence surveys were conducted in Spain in 1999, 2002, 2006 and The data collection in the survey is gender disaggregated for both victim and perpetrator. The relationship between victim and perpetrator is evident. Age of victims is also provided and forms of violence including those referred to in the Convention 5 are covered. The geographical distribution of survey respondents was not specified in the survey findings. Lastly, the survey is publically available. P 242 Country Report: Violence against women and migrant and minority women

2 Prevalence Survey Data Collection Sample size 8,000 women Women 18 years old and older Sample scope national Geographical distribution not specified. Data disaggregated by Gender 6 Age 7 Relationship Perpetrators Intimate partners 8 Availability Accessible on internet Available in Spanish only Regularly conducted Previous survey conducted in 1999, 2002, 2006, 2011 Forms of violence Physical Psychological economic Sexual National Criminal Statistics (Police): Domestic violence in Spain is specified under Organic Act 1/2004 of 28th of December on Integral Protective Measures Against Gender-Based Violence (2004) Ley Orgánica 1/2004, de 28 de diciembre, de Medidas de Protección Integral contra la Violencia de Género. The laws addressing domestic violence are gender specific and there are specific laws on violence against women. Police statistics on domestic violence are collected separately from other criminal statistics and they are publically available on the website of the Spanish Ministry of Health, Social Affairs and Equality. 9 The data is focused exclusively on gender based violence and is therefore gender disaggregated, and includes information on the victim and perpetrator, including relationship and age. Separate national criminal statistics are collected for intimate partner violence, which also include the age and the relationship of victim and perpetrator. 10 In the table below, crime statistics on domestic violence from 2011 are presented: 11 Victims of Domestic Violence/Intimate Partner Violence 12 Gender of perpetrator not specified Male perpetrator Female - - Male - - Homicides resulting from Domestic Violence/Intimate Partner Violence Gender of perpetrator not specified Male perpetrator Female Male - - Both genders (not disaggregated) In addition to the 2011 statistics, in 2010, 73 women were murdered by their current or former partner women were killed by their husbands, 15 by their partners, two by their boyfriends and 27 by their former partners. The women were ages years, with the majority (40) ages of the women were Spanish citizens and 28 were non-citizens. The perpetrators who murdered their current or former partner were ages 18-64, with the majority (24) being between 31 and 40 years old. 44 of the perpetrators were Spanish citizens and 29 non-citizens ,105 complaints of intimate partner violence were made in 2010, 11,175 per month, 367 per day. Intimate partner violence accounted for 61.5% of all violent crimes, with 57,875 women victims. 17 Data collection in criminal statistics: National criminal statistics are collected on a regular basis in Spain. All the data is gender disaggregated with the age of the victim and perpetrator and the relationship between them included. The data includes number of fatalities, with data on femicides available. The data is publically available; it is collected by the Ministry of the Interior, Police, and Courts and made available by the Ministry of Health, Social Affairs and Equality. P 243

3 Criminal Statistics Data Collection Publically available Regularly collected Data disaggregated by Data on femicides Gender Age Relationship Yes yes yes yes yes yes National Criminal JUSTICE Statistics (court): The text below information on criminal justice statistics on domestic violence (intimate partner violence) from 2011 is available: 18 - Complaints of intimate partner violence brought to court: 134,000 - Complaints of intimate partner violence dismissed/rejected/not completed: 15,460 (11.54%) of women gave up the process, 5,383 (4.1%) of cases were provisionally dismissed, 42,490 (32.5%) of cases were dismissed. - Convictions in cases of intimate partner violence: 73,930 criminal measures and 18,726 civil measures Data collection in criminal justice statistics: National criminal justice statistics on intimate partner violence are collected in Spain. The data is collected regularly and available publically on the website of the Ministry of Justice. Statistics are gender disaggregated, for the victim and the perpetrator, the age of victim is available but not the age of the perpetrator and the relationship between the victim and perpetrator is evident. 19 Criminal Justice Statistics Data Collection Publically available Regularly collected Data disaggregated by Gender Age Relationship Yes yes yes yes 20 Yes Further issues related to criminal justice: 21 Part of successfully implementing laws on domestic violence involves legal counseling or supporting women survivors of violence during the court proceedings. According to Directorate General for Gender-Based Violence, Youth Affairs and Juvenile Crime and Asociación para la Convivencia Aspacia, women in Spain experiencing intimate partner violence have the right to immediate legal assistance. The right to free legal aid is provided under Article 20 of the Gender Violence (Comprehensive Protection Measures) Act (Fundamental Law 1 dated December 28th, 2004) and the Free Legal Aid (Law 1 dated January 10th, 1996). The Comprehensive Act grants all women who are victims of gender violence immediate legal assistance in all judicial and administrative proceeding related to their situation of violence, including advice on reporting the matter. A solicitor is appointed immediately, however if free legal aid is not requested or denied the victim must pay all the legal fees. Free legal aid is means tested. 22 In addition to free defense and representation by a solicitor and a barrister in all judicial and administrative proceedings, the right to free legal aid includes the following benefits: Free advice and guidance prior to the proceedings Free insertion of notices or court proclamations in official publications Exemption from the payment of the necessary deposits for the lodging of appeals Free assistance from expert witnesses Documents prepared by notaries public are free of charge or have a reduction of 80% on the tariff of fees Another aspect of successful implementation of laws on domestic violence involves holding perpetrators accountable. The Directorate General for Gender-Based Violence, Youth Affairs and Juvenile Crime and Asociación para la Convivencia Aspacia noted that in 2011 cases that resulted in conviction included criminal measures derived from protective orders and other precautionary measures, 73,930 such protective orders were issued of which 28% were precautionary. These included imprisonment (2,100), house arrests (5,050), suspension of possession of guns (6,164), among others. P 244 Country Report: Violence against women and migrant and minority women

4 The majority of penalties in 2011 were for injuries under Article 153 (86,656) and injuries under Article 173 (18,297) of the Penal Code. Other penalties concerned the following crimes: crimes against freedom (12,745); injuries under Article 148 (5,542); breaking measures (4,311); (against) moral integrity (2,985); breaking penalties (2,183); (against) familiar rights and engagement (992); (against) sexual freedom (859), homicide (95); abortion (4); fetal damage (3), others (6,556). Healthcare System s Role in Combating Violence against Women and Data Collection: Data on medical interventions related to domestic violence or intimate partner violence is collected in the Spanish healthcare system. Such data is collected systematically but not on a national level, information is only publicly available at the national level for 2008 and The type of information collected includes the type of violence and the injury sustained. The data collected is gender disaggregated for the victim and perpetrator as well as the age of the victim and the perpetrator. The relationship is also noted. According to Directorate General for Gender-Based Violence, Youth Affairs and Juvenile Crime and Asociación para la Convivencia Aspacia, healthcare protocols for dealing with domestic violence exist in Spain. The protocols cover the areas of identification and screening for domestic violence, response to victims and intervention in primary, specialized care and emergencies. They also cover referral to sexual assault services. Health protocols apply to hospitals, emergency services, maternity services and reproductive health services. Hospitals in Spain are not set up to provide emergency accommodation for women victims of domestic violence. Hospital staff call the police and the police take women to emergency accommodation for survivors of domestic violence. One topic related to the healthcare system s response to violence against women is access to health services for undocumented migrant women, at least access to essential healthcare services. Because undocumented migrant women are often afraid to report their situation to the authorities, visiting a healthcare service may be their only option to receive support as means of protection. According to Directorate General for Gender-Based Violence, Youth Affairs and Juvenile Crime and Asociación para la Convivencia Aspacia, up to September 2012 undocumented migrant women could access the national health system, however since then a new law approved by the Government prevents any undocumented migrant from accessing it. 24 Exceptions are made for emergency treatment, pregnancy, childbirth and postpartum and for children under 18 years old. SERVICES FOR WOMEN SURVIVORS OF VIOLENCE: Women s Helplines: There is one national women s helpline in Spain. The phone number is (016). The helpline operates 24/7 and is free of charge. The helpline provides information to women and girls survivors of all forms of violence against women. If further intervention is needed the call is sent to the regional Support Helpline. Women can also directly call a regional Support Helpline. The national women s helpline provides multilingual support in Spanish, regional languages, and in over 45 other languages including Arabic, Chinese, English, and French. The helpline is run and fully funded by the State. National Women s Helplines Total Number Calls Free of Charge 24/7 Service Multilingual Support 1 yes yes Yes Based on this information, Spain meets the Council of Europe Taskforce Recommendations. Women s Shelters: Information on women s shelters in Spain is only available from 2010 when there were 148 with approximately 4,500 shelter places available. 25 No recent information is publicly available, however according to Directorate General for Gender-Based Violence, Youth Affairs and Juvenile Crime and Asociación para la Convivencia Aspacia Aspacia, in 2011 some autonomous regions have closed some shelters and centers for women. Shelters are categorised as follows: 59 intervention centres, 89 shelter houses, 105 mentored flats. The shelters serve women survivors of gender based violence regardless of their legal status. Shelters are available in all regions in Spain and accompanying children are accepted in most shelters with most providing trained staff to support children. The shelters are free and women can stay more than six months. The majority of shelters also provide non-residential support. 26 The shelters are funded by regional governments, funding is mandated by law. P 245

5 Women s Shelters Total Number Shelter Places Needed Shelter Places Available Shelter Places Missing Funding of Shelters 148 4,607 4, regional governments Based on Council of Europe Taskforce Recommendations, approximately 4,607 shelter places are needed in Spain. Thus an estimated 107 shelter places are still missing. As a result, Spain fails to meet the Council of Europe Taskforce Recommendations. Women s Centers: Women s centers are available in every region in Spain, though information on specific numbers is not available. Centers are funded by the State and the funding is mandated by law. 27 Women s Centers for Survivors of Sexual Violence: There are 27 gender specific sexual violence centers for women and girls. The very first sexual violence center was opened in Madrid in 1984 by the CAVAS organisation. They all offer access to migrant and undocumented women, though they are not available everywhere. 28 Seven centers support only adult women, while the rest provide help to both women and girls. Limited access is offered to women with disabilities, asylum seekers, and Roma women. More than half of the centers support children of women survivors of sexual violence. 29 Majority of the centers are run by State agencies, with some run by independent women s NGO s. They are all funded by the State. Based on Council of Europe Taskforce Recommendations, approximately 117 women s rape crisis centers are needed in Spain. Thus 90 centers are still missing. As a result, Spain fails to meet the Council of Europe Taskforce Recommendations. P 246 Country Report: Violence against women and migrant and minority women

6 Endnotes 1 Ministerio de Sanidad, Servicios Sociales e Igualdad. (2012). Macroencuesta de Violencia de Género 2011 (Survey on Gender Based Violence 2011): Principales Resultados Macroencuesta de Violencia de Género. Delegación del Gobierno para la Violencia de Género y el Centro de Investigaciones Sociológicas (CIS). [ 2 European Institute for Gender Equality. (2012). Review of the Implementation of the Beijing Platform for Action in the EU Member States: Violence against Women Victim Support. Luxembourg: Pg Directorate General for Gender-Based Violence, Youth Affairs and Juvenile Crime and Asociación para la Convivencia Aspacia. (July 2012). [Data provided in WAVE Country Report 2012 Questionnaire] 4 Ibid. 5 See Council of Europe. (12 April 2011). Article 3: a violence against women is understood as a violation of human rights and a form of discrimination against women and shall mean all acts of gender-based violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life; b domestic violence shall mean all acts of physical, sexual, psychological or economic violence that occur within the family or domestic unit or between former or current spouses or partners, whether or not the perpetrator shares or has shared the same residence with the victim. 6 Victims are female, perpetrators are male. 7 For victims only. 8 Intimate partners include current and former partners. 9 Ministerio de Sanidad, Servicios Sociales e Igualdad. [ portalestadistico/home_2.htm] 10 Directorate General for Gender-Based Violence, Youth Affairs and Juvenile Crime and Asociación para la Convivencia Aspacia. (July 2012). 11 Ibid. 12 In Spanish statistics, Domestic Violence and Intimate Partner Violence have the same meaning. 13 Women aged 16 to 65 years. 14 Victims aged 16 to 65 years. 15 Six men were killed by their partners in of the 73 perpetrators who killed their current partner or former partner attempted suicide and 12 committed suicide. 17 Directorate General for Gender-Based Violence, Youth Affairs and Juvenile Crime and Asociación para la Convivencia Aspacia. (July 2012): Information provided based on Ministerio del Interior. Balance 2010: Evolucion de la Criminalidad. [ 18 Directorate General for Gender-Based Violence, Youth Affairs and Juvenile Crime and Asociación para la Convivencia Aspacia. (July 2012). 19 Ibid. 20 For victims only. 21 Directorate General for Gender-Based Violence, Youth Affairs and Juvenile Crime and Asociación para la Convivencia Aspacia. (July 2012). 22 For the right to free legal aid to be recognized, applicants must show that their financial income, calculated for the whole year and family unit, does not exceed twice the Multi-Purpose Public Income Indicator (IPREM). Exceptionally, this right may be granted to persons whose income does not exceed four times the value of IMPREN in the light of their family circumstances, economic obligations and the cost of proceedings. 23 Asociación Hèlia, de suport a les dones que pateixen violència de gènere. (2012). [Data provided in WAVE Country Report 2012 Questionnaire]: Data provided based on Informe elaborado por el Observatorio de Salud de las Mujeres de la Dirección General de la Agencia de Calidad del Sistema Nacional de Salud y la Comisión contra la Violencia de Género del Consejo Interterritorial del Sistema Nacional de Salud. [ equidad/informe ViolenciaGenero2008/ General.pdf] and [ ViolenciaGenero2009/ informeviolenciagenero2009.pdf] 24 Legal decree 16/2012 (Real Decreto Ley 16/2012). 25 Women against Violence Europe. (2010). Country Report 2010: Reality Check on European Services for Women and Children Survivors of Violence A Right for Protection and Support? Pg European Institute of Gender Equality. (2012). Pg. 42, Ibid. Pg. 37, There are Offices for Victims of Crimes that rely on the justice system and are available in every region. They provide legal and psychological support to victims. 29 Women against Violence Europe. (2011). Country Report 2011: Reality Check on European Services for Women and Children Survivors of Violence A Right for Protection and Support? Pg P 247

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