EGMGPLVAW powerpoint (Carmen de la Fuente)

Carmen de la Fuente Méndez
United Nations
Vienna, May 2008
Legal framework prior to the Integral Act
Organic Act 38/2002, to introduce the fast judgements of specific offences and
minor offences, enabling cases of domestic violence to be judged within 15 days
from the offence.
Organic Act 11/2003, which considers formerly minor injury offences in the family
environment as criminal offences in the new section 153 of the Criminal Law,
including in the latter any psychological effect or undefined injury as an offence.
Organic Act 13/2003, on the subject on pre-trial detention, allows the adoption of
precautionary pre-trial detention measures in this kind of crime, with the aim of
preventing the risk of new actions against the legal rights of the victim.
Organic Act 15/2003, introduces the obligatory imposition of the additional penalty
of protection orders in any case of domestic violence.
Act 27/2003 on regulation of Protection Order of Victims of Domestic Violence
which, for the first time in our legislation, alludes to the difference between gender
violence in the sphere of an intimate relationship and other forms of intra-family
violence and issues the so called “integral status of protection of the victim”.
Criminal Procedure (Organic Act 38/2002)
 “Fast trials”
 When the police surprise the
criminal committing the crime,
they must detain him and
summon the victim and witnesses
before court.
 If the defendant pleas guilty, the
Examining Magistrate´s Court
may judge and sentence him.
 If not, the trial is to be held in
fifteen days before the Criminal
Court. Victim may ask for
preventive protection until
sentencing is final.
 “Normal trials”
 The protection order may last
until sentencing or while there is
a risk of new violent acts.
Total number of criminal procedures on matters related to gender violence
Protection order (section 544 ter of the Code of
Criminal Procedure, amended by Act 27/2003)
 Protection Order Form shoud
be filed
 Form and evidence (such as
victim´s evidence, witnesses´
testimony, police reports and
medical reports,...) should be
given to the court
 Jurisdictional authority:
Examining Magistrates‘ Court
where the complaint is filed
 Protection Order‘s Hearing:
should be held within 72 hours
after the petition
Where may a women file
the complaint?
At the police station
Before the Court or the
Public Prosecutor‘s
UhUntesnUntesuchungsgerichsh of
des Beantr
State Women´s
Services Centres
Protective order (section 544 ter of the Code of
Criminal Procedure)
Prohibition to approach the victim, her
home, her job or other places she
should visit
Family Law measures (temporary child
custody. Visitations rights, payment
for child support and basic living
Prohibition to communicate (by
telephon, sms, e-mail, post or any
other way)
Prohibition to possess firearms
Civil measures last 30 days. Within
this period, the victim should file for
separation or divorce. If not, civil
measures fail.
In case of great risk or great harm to
the victim –due to the nature of the
offence-, the Examining Magistrate is
allowed to take precautionary pre-trial
detention measures.
The act recognises to every women
that becomes a protection order the so
called “integral status of protection of
the victim”, that includes labour, social
security and economic rights, as well
as the right to full social assistance.
Criminal measures may last as long as
the procedure lasts (till the case is
sentenced or stayed), if there is a risk
of a new violent act.
If the protection order is violated, a
new criminal act is committed, which
means a new procedure, punishable
with jail term and the possibility of
Organic Act 1/2004 on Integral Protection
Measures against Gender Violence
a) In the education environment: respect for
fundamental rights and freedoms and equality between
men and women. Among other measures, principles of nonviolent education at all academic levels and in on-going
teacher training.
b) Awareness raising measures in the media: including
media campaigns against the use of images of women as
sexual objects.
c) In Healthcare: to foster the early detection of gender
violence, develop awareness-raising measures and training
for healthcare personnel, promote common protocols,
development of common healthcare indicators for
epidemiological monitoring of gender violence
Organic Act 1/2004 on Integral Protection Measures
against Gender Violence
a) Labour rights: work absenteeism or tardiness are justifiable, reduction or
rearrangement of working hours, geographic mobility, leave with reservation of job
position, resignation without loss of employment rights...
b) Social Security rights: Unemployment benefits, leave considered as effective
contribution, suspension of the obligatory contribution for self-employment female
workers, employment and professional training policies....
c) Economic support measures: for women who need it, an amount equivalent to
six months of unemployment benefits to be received during a maximum of 24
d) Civil rights: among others, facilitation of separation and divorce procedures
e) Right to full social assistance: emergency resources for victims of abuse (legal
healthcare, psycological and economic support, emergency accommodation, support
for dependent sons and daughters, social infrastructure for independence,...), shelter
resources for victims of abuse, assistance in criminal and civil court action associated
with gender violence
f) Specialised legal aid to victims, including free legal aid –advice and defence- to
litigate in all administrative processes and judicial procedures directly and indirectly
associated with the violence suffered
Organic Act 1/2004 on Integral Protection Measures
against Gender Violence
1. Specialist Courts of Violence against Women (with criminal and civil jurisdictional
2. “Positive Discrimination”: Violent acts by men against women are punished with a longer
3. Protection against offences committed in a current or former intimate relationship, such as:
a) Offences against physical and psychological integrity, such as homicide, assault and battery,
minor and severe injuries, abortion,
b) Offences against moral integrity (regular physical and psychological injuries)
c) Offences against freedom, as stalking, threats, coercion
d) Offences against sexual integrity
e) Any other offence committed with violence or intimidation
4. Penalties: Jail terms, Protection Orders, Prohibition to possess arms.
5. Psychological treatment for aggressors: within the penitenciary system and as obligatory
condition in the case of suspension or substitution of the jail penalty
 Current legal framework: major reinforcement of the
protection of women
 ¿Good legislative practices?: Homicides and reports
of violent acts increase nevertheless
 Judicial and criminal measures vs. Educational
 Solidarity and Equality for future generations
Thank you for your attention