Nowadays gender violence is still a big problem in our society. In 2015, the number of cases of femicide in Spain increased to 62 victims and in July 2016 statistics collected by the Government through the VIOGEN-System reached the total of 434,546 cases of victims assisted.
In Spain, this subject is regulated by framework law “LO 1/2004 de Medidas de Protección Integral contra la Violencia de Género” -Integrated Protection Measures against Gender Violence-, and by the law “LO 3/2007 para la Igualdad Efectiva de Mujeres y Hombres” -for Effective Equality of Women and Men-.
The first law establishes the rights of victims of gender violence:
- Complete social assistance
- Legal assistance
- Employment assistance and social security
- Rights for foreign women in irregular situation
The kind of crimes concerning the ill-treatment of woman committed by someone that has or had any affective relationship with the victim include the crime of intimidation, coercion and any psychological or physical harm. When these actions occur on a regular basis or extended over long periods they become a crime regulated in the Spanish Criminal Code.
About the “Protection Order”
When domestic violence crime attacks human life, physical or moral integrity, sexual freedom, safety or personal freedom, a judge can assess the risk of a victim as well as the children who live with her. In that case, the protection order will be granted by the judge, who may also agree to other civil and criminal temporary measures like the use of housing, sharing custody of the children, visits, communicating to and residing with minors, or maintenance payments.
The protection order shall be communicated to the parties and it will was also agree on ways to monitor the perpetrator via an electronic device. The reform of the Penal Code 1/2015 of 30 March establishes the addition concerning a violation by disabling the electronic device.
1st Additional regulation of the Law 1/2004 establishes the loss of the widow’s pension in case of murder.
On the other hand, the law LO 3/2007 para la Igualdad Efectiva de Mujeres y Hombres” -for Effective Equality of Women and Men- establishes measures to remove obstacles in order to get an effective equality between women and men. Herein also regulated as Direct as well as indirect sex discrimination, sexual and gender harassment and pregnancy or maternity discrimination.
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