Legislative and policy framework

Article 1(1) of the Constitution of Spain[1] includes equality as a fundamental value, with Article 14 stating that all people are equal before the law, prohibiting any kind of discrimination based on place of birth, race, sex, religion, or opinion or personal or social situation.

Since the late 1990s, steps towards substantive gender equality have been made, with a key milestone being the approval of Organic Law 3/2007 on effective equality between women and men (known as the Equality Law).[2] This law, applied at all levels of government, institutionalised gender mainstreaming in policy adoption, implementation and budgeting.[3] It addresses issues like paternity leave and gender-balanced political representation, and mandates gender equality plans for public bodies and companies with over 50 employees, in cooperation with workers’ representatives. The law also requires the creation of gender equality units in all ministries and an Interministerial Commission for Equality to coordinate and monitor policies, which must meet at least twice a year.[4]

Recent laws on gender equality

  • Organic Law 2/2024 on equal representation and balanced presence of women and men in listed companies.
  • Organic Law 1/2023 on sexual and reproductive health and the voluntary interruption of pregnancy, allowing migrant women access to sexual and reproductive rights.[5]
  • Organic Law 10/2022 on the comprehensive guarantee of sexual freedom.[6]
  • Organic Law 15/2022 on the comprehensive equal treatment and non-discrimination.[7]
  • Organic Law 1/2021 on urgent measures for the protection and assistance to victims of gender violence.[8]
  • The Royal Decree 664/2024 regulating economic support to victims of sexual violence of July 2024.[9]
  • The Royal Decree 901/2020 regulating equality plans and their registration of October 2020.[10]
  • The Royal Decree 902/2020 on equal remuneration between women and men of October 2020 (gender pay gap).[11]

In March 2022, the Spanish Council of Ministers adopted the third strategic plan for the effective equality of women and men.[12] The plan presents a political agenda on gender equality for four years (2022–2025) and is the main government instrument to guide institutional and social changes towards achieving equality between women and men. The plan is structured around four lines of intervention.

Lines of intervention of the third strategic plan for the effective equality of women and men

  1. Good government: towards more inclusive ways of doing and deciding.
  2. Economy for life and fair distribution of wealth.
  3. Towards the guarantee of lives free of male violence against women.
  4. A country with effective rights for all women.

 In addition to the third strategic plan for effective gender equality, the following policies have been adopted at national level:

  •  State strategy to Combat Gender-based Violence 2022-2025: an instrument for strategic planning and organisation of public actions to decisively contribute to the prevention, detection, eradication, and reparation of all violence against all women.[13]
  • Plan “Corresponsables”: a policy towards assuring care as a right in Spain from the perspective of guaranteeing universal rights, regardless of the employment status of the beneficiaries and under article 44 of Organic Law 3/2007, of March 22, for the effective equality of women and men.[14]
  • Plan “Camino” 2022-2026: Operational Plan for the Protection of the Human Rights of women and girls' victims of trafficking, sexual exploitation and women in prostitution.[15] 

Structures

Governmental gender equality body

The Ministry of Equality[16] (Ministerio de Igualdad) is the highest governmental body for the promotion of gender equality and other equality-related matters. In March 2020, the body transitioned from the Secretariat of State for Equality Policies (Secretaria de Estado de Igualdad) within the Ministry of the Presidency, Parliamentary Relations and Equality to the status of a full ministry.

Functions of the Ministry of Equality

  • Drafting both gender equality and anti-discrimination policy for the government and conducting gender-sensitive analysis of policies and legislation.
  • Coordinating and implementing related government decisions.
  • Coordinating and implementing gender mainstreaming processes and methodologies, including gender budgeting.
  • Integrating gender equality considerations into EU and international affairs, publishing and disseminating gender equality-related information and conducting training.

The Ministry of Equality had a total expenditure of EUR 537 949 000 in 2023, with approximately 36.6 % allocated to non-administrative costs related to gender equality. As of June 2024, 178 people worked in the Ministry of Equality, and they allocated 75–100 % of their time to working on gender equality issues.[17]

The Ministry of Equality is consulted by departments and ministries in other policy fields about almost all new and existing policies, laws and programmes, including draft laws, royal decree laws, legislative royal decrees and regulatory proposals. Additionally, plans of special economic, social, cultural and artistic relevance that are submitted to the Council of Ministers are also systematically sent to the Ministry of Equality for comment.

Gender equality progress in Spain also benefits from the presence of the Interministerial Commission for Equality between Women and Men (Comisión Interministerial de Igualdad entre Mujeres y Hombres). The commission is responsible for the coordination and mainstreaming of the principle of equal treatment and opportunities across government departments. Its purpose is to actively supervise the integration of the principle of equality into the actions taken by the central government and to coordinate the policies adopted by the various ministries. The commission meets twice a year and is chaired by the Minister of Equality, with all ministries, and the Institute of Women, having a seat.

Functions of the Interministerial Commission for Equality

  • Monitoring and coordinating equal treatment opportunities between women and men in the general administration of the state, and integrating this principle into regulations, policies, budgets and the development of activities.
  • Analysing, discussing and following up on the strategic plan for the effective equality of women and men.
  • Coordinating and supervising the government’s periodic report on effectiveness of gender equality, as required by Article 18 of the Equality Law.
  • Monitoring and coordinating the development and implementation of gender impact reports and the actions of gender equality units in each ministry, and women’s participation in representation and management roles.
  • Monitoring agreements and actions within the EU and international bodies related to gender equality and the elimination of sex-based discrimination, respecting the powers of other bodies.

Besides the Interministerial Commission for Equality, the gender equality units, created within each ministry, are a key organisational instrument to ensure effective gender mainstreaming and monitor the application of equality legislation through reports and gender impact assessments of legislative and regulatory proposals or plans.

Independent gender equality body

The Institute of Women (Instituto de las Mujeres) is an independent equality body established in 1983, attached to the Ministry of Equality. In 2014, the powers of the General Directorate for Equal Opportunities were integrated into the tasks and structure of the Institute of Women.

Functions of theInstitute of Women

  • Providing legal support to victims of sex or gender discrimination.
  • Receiving and deciding on complaints of discrimination on the grounds of sex.
  • Conducting gender-sensitive analysis of policies and legislation.
  • Coordinating and implementing gender mainstreaming and gender budgeting.
  • Drafting gender equality policies, particularly public policies aimed at improving the employment position of women and promoting work–life balance.
  • Coordinating and/or implementing anti-discrimination policies for the government.
  • Conducting research and collecting data on gender equality issues to monitor the situation of Spanish women across a wide range of fields, including by using the state system of gender indicators designed by the Institute of Women.
  • Integrating gender equality considerations into EU and international affairs.
  • Monitoring progress in achieving gender equality.
  • Publishing and disseminating gender equality-related information and reports, and conducting training.
  • Promoting the provision of services to women, particularly vulnerable women.
  • Contributing to the promotion and evaluation of the implementation of equality plans in companies, particularly small and medium-sized enterprises.

The institute is regularly invited by other departments and ministries to consult on new policy plans, which, in nearly all cases, leads to appropriate adjustments. In 2023, the annual expenditure of the institute was EUR 17 067 640; further breakdowns of expenditure are not available. As of September 2024, 89 people work in the Institute of Women, spending between 75 % and 100 % of their time on gender equality work.[18]

Parliamentary bodies

Both chambers of the Spanish parliament, the Congress of Deputies and the Senate, have a parliamentary committee for equality. Initially a single commission in 1988, it split into two independent committees in 2008. These committees monitor government actions on gender equality and ensure compliance with related laws. High representatives from the Ministry of Equality present their main actions and projects to these committees at least twice a year, when gender equality initiatives are also discussed.

Regional structures

In Spain, regions play a crucial role in gender equality and mainstreaming, with devolved powers in areas including employment, education, housing and social services. They share jurisdiction with the central state and have developed their own gender equality laws, often advancing beyond national policies, with Article 21(1) of the Equality Law stating that Spanish regions should cooperate with the national government to achieve effective gender equality, providing the legal basis for gender mainstreaming at the regional level.

Mechanisms and resources for gender equality vary between regions. Each region approves its statute (which is then approved by the Spanish parliament), leading to different structures among local gender equality bodies. In some regions responsibility for equality comes under the presidency, while other regions have dedicated bodies or departments.

Article 21(2) of the Equality Law requires local authorities to cooperate with other public administrations on gender equality. Many large municipalities have created councils of equality responsible for gender equality policy and mainstreaming. Notable examples include Bilbao, Barcelona and Madrid, which use tools like sex-disaggregated data, gender impact assessments and gender budgets. They also consult with civil society.[19],[20],[21]

Consultation with civil society

At the national level, civil society consultation in Spain occurs mainly though the Women’s Participation Council,[22] an advisory body created by the Equality Law and regulated by Royal Decree 1971/2009.[23] The council provides a channel for participation and dialogue through collecting and supporting proposals from women’s rights non-governmental organisations,[24] reporting on debates at an institutional level and providing information on the social reality of women.

The Ministry of Equality distributes funds to non-governmental organisations working towards equality between women and men, ending gender-based violence, and equality and non-discrimination. In 2024, the Institute of Women issued grants worth EUR 1 850 000, and the government delegation against gender violence issued grants worth EUR 7 000 000.

Methods and tools

Note: the methods and tools listed in this section were the focus of EIGE’s 2024 assessment. If certain methods and tools are not mentioned in this section, this does not necessarily mean that they are not used by Spain.

Gender impact assessment

Spanish laws mandate the inclusion of gender considerations in policy design, implementation and evaluation through ex ante gender impact assessments.

Article 15 of the Equality Law (Organic Law 3/2007) requires that gender considerations be incorporated into all laws and public policy drafting and budgeting, while Article 19 mandates ex ante gender impact assessments of bills and significant plans submitted to the Council of Ministers. In addition, Article 55 requires that gender impact assessments be conducted for public employment selection processes.

Each ministry must prepare a gender impact report for legislative proposals presented before parliament. The Ministry of Equality, which also addresses broader issues of equality and non-discrimination, is required to prepare a gender impact report for any laws it proposes.

Gender budgeting

There is a legal obligation for ministries to conduct gender budgeting. On an annual basis, the Ministry of Finance and Public Administration sets out a series of rules concerning the preparation of the General State Budget Bill.[25]

Training and awareness raising

Article 66 of the Equality Law mandates training on equal treatment, equal opportunities between women and men, and gender-based violence prevention for all public administration personnel.

The third strategic plan for the effective equality of women and men (2022–2025) includes training and capacity building for public administration staff on incorporating gender considerations into all procedures (under the ‘Good Government’ axis). The training plans of the National Institute of Public Administration and other bodies must be revised to include gender-sensitive considerations in policy evaluation and public employment recruitment.

The National Institute of Public Administration is the government’s leading civil service training school in Spain. Its second training plan on equality and non-discrimination (2023–2025) focuses on gender equality and violence prevention and is open to all public employees but is not mandatory. There is also an annual internal training plan for the staff of the Ministry of Equality.

Improving the awareness and training on gender equality of all public administration personnel is also a priority line of action of the III Plan for Gender Equality in the General State Administration and other Public Bodies.

Efforts to promote gender-sensitive language include guides on the use of non-sexist language produced by the Spanish Federation of Associations of the Higher Bodies of the State Civil Administration. Additionally, the Institute of Women and Complutense University of Madrid hosted two courses on non-sexist language in 2023.[26]

Gender statistics

The National Statistical Institute (Instituto Nacional de Estadística (INE)) and other public administrations that collect data have a legal obligation to collect sex-disaggregated data (Article 20(a) of the Equality Law). While there is no specific unit for this at INE, it regularly publishes such data and has a dedicated section on gender statistics on its website, including the thematic breakdown of statistics and direct access to datasets that can be both viewed online and downloaded.

Since 2006, INE has published an annual report on gender statistics in collaboration with the Institute of Women, covering areas including employment, salaries, education, health, work–life balance, crime and decision-making. The Institute of Women also publishes annual reports[27] and, since 2022, monthly infographics highlighting gender inequalities.[28] In late 2022, the institute began publishing the biannual magazine In_Mujeres: Monografías Feministas (In_Women: Feminist Monographs) to raise awareness of persistent gender gaps.[29]

Monitoring progress

Spain's institutional mechanism for gender equality and gender mainstreaming stand above the EU average but show a slight decline compared to 2021.

Explore Spain's scores on the four key indicators on institutional mechanisms for the promotion of gender equality and gender mainstreaming developed to monitor progress on Area H of the Beijing Platform for Action.  

Spain: Institutional mechanisms for gender equality and gender mainstreaming

References