MONITORING THE IMPLEMENTATION OF THE VICTIM S RIGHTS DIRECTIVE 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 2015

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1 MONITORING THE IMPLEMENTATION OF THE VICTIM S RIGHTS DIRECTIVE 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 2015

2 PART I THE DIRECTIVE

3 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.

4 DIRECTIVE DESCRIBES DIFFERENT TYPES OF VICTIMS

5 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.

6 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.

7 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.

8 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.

9 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.

10 PART II C O N S I D E R A T I O N FOR V I C T I M S OF G E N D E R B A S E D V I O L E N C E I N THE T R A N S P O S I T I O N OF THE 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

11 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.

12 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

13 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

14 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

15 I Strategy for the Eradication of Violence Against Women 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 , with 224 performances and more than 3,100 million euros.

16 II Better prevention 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.

17 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: III Increase social awareness (i) 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.

18 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; III Increase social awareness (ii) 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.

19 IV Promotion of complaints: legal aid and previous advice 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.

20 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. V Comprehensive, personalized assistance; and employment promotion (i) 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.

21 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. V Comprehensive, personalized assistance; and employment promotion (ii) 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.

22 On July 2014, a Protocol was subscribed to improve the coordination between shelters offered for women victims of gender violence and their children. VI Improving the institutional response: better coordination (i) 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.

23 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. VI Improving the institutional response: better coordination (ii) 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.

24 VII Increased protection of victims (i) 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:

25 STATUTE OF THE CRIME VICTIM (I) LAW 4/2015 Victims of gender violence get an improvement in assistance and protection rights (including procedural and extraprocedural). 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

26 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.

27 VII Increased protection of victims (ii) 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 selfimage 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.

28 VII Increased protection of victims (iii) 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.

29 VII Increased protection of victims (iv) 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.

30 It is necessary to immediately remove the children from the cycle of violence. VIII More visibility and protection for child victims of gender violence (i) 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.

31 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. VIII More visibility and protection for child victims of gender violence (ii) That will not affect the alimony for children. The increase of orphans' pensions in the rules on public pensions is expressly provided.

32 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. VIII More visibility and protection for child victims of gender violence (iii) Similarly, the Government has given visibility to minors including them in the statistics since January 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.

33 IX A more effective control of the aggressors and new offenses 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.

34 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. X More aids (i) 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.

35 We have gone from 2,276 aids for victims to change residence in 2011, to 6,601 in 2014; that is more than 58%. X More aids (ii) 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.

36 The Draft State Budget for 2016 envisages an increase of 1.5 million (6.32%), with a total amount of million euros. XI Budget Commitment 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 % more.

37 Radiograph reality and further research is essential. XII More data and greater transparency 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:

38 Government has strengthened the fight against other forms of violence against women. XIII 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 was approved.

39 PART III R E S U L T S

40 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%).

41 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%. 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 controlviolence. 67% consider unacceptable control-violence.

42 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 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. 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%).

43 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 In the area of gender violence they are valued positively the actions undertaken by Ireland and Spain. 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). About Spain, they highlight the systems and services of protection, security, care and recovery of victims of gender violence and their children.

44 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.

45 PART IV D A T A

46 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, complaints were filed. That is 1.5% more than the previous year. In 2014, 347 complaints were registered every day.

47 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).

48 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 And 7 fewer victims than in 2013 and 2012.

49 NUMBER OF VICTIMS 2012, 2013 and 2014 were the three years with fewer victims since there is a record.

50 THANK YOU VERY MUCH FOR YOUR ATTENTION More Data in: