Administrative data sources on GBV in
Administrative data sources
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Administrative data sourceSpainViolence, Health
Informe medico: parte de lesiones e Historia clinica
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Administrative data sourceSpainViolence, Justice
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Statistical products
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Statistical productSpainViolence
Estadística de Violencia Doméstica y Violencia de Género
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Statistical productSpainViolence
Memorias de la Fiscalía General del Estado
Legal Definitions
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SpainGeneral legal definitionViolence, JusticeObservations
In other Spanish regions such as Comunidad de Madrid, Cantabria, Canarias, Comunidad Foral de Navarra, Castilla la Mancha, Galicia, Andalucía, Aragón, Murcia or Cataluña, we can see the existence of acts that develop terms in wider or shorter extension than the National Act does. e.g. In the Cantabrian act , other definitions of gender-based violence such as physical abuse, psychological abuse, economical abuse, sexual assault, sexual harassment to kids, stalking, women trafficking, female genital mutilation or violence against sexual and reproductive health and rights, are taken into consideration. However, other Spanish regions such us Castilla la Mancha, have acts of hardly 3 pages length where none of the definitions written above can be read.
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SpainViolence, JusticeIntimate Partner Violence
Article 1. (Organic Act 1/2004 of28 Decemberon Integrated Protection Measures against Gender Violence)
Purpose of the Act
1. The purpose of this Act is to combat the violence exercised against women by their present or former spouses or by men with whom they maintain or have maintained analogous affective relations, with or without cohabitation, as an expression of discrimination, the situationof inequality and the power relations prevailing between the sexes.
2. The present Act establishes integrated protection measures whose goal is to prevent, punish and eradicate this violence and lend assistance to its victims.
3. The gender violence to which this Act refers encompasses all acts of physical and psychological violence, including offences against sexual liberty, threats, coercion and the arbitrary deprivation of liberty."
Legal Source:Organic Act 1/2004 of 28 December on Integrated Protection Measures against Gender Violence
Legal provisions on protection orders:Law 27/2003, of 31 July, governing the Protection Order for Victims of Domestic Violence.
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SpainViolence, JusticeRape
When the sexual assault consists of vaginal, anal or oral penetration, or inserting body parts or objects into either of the former two orifices, the offender shall be convicted of rape with a sentence of imprisonment from six to twelve years.
Legal Source:Criminal Code, Article 179
Legal provisions on protection orders:No legal provision
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SpainViolence, JusticeSexual Assault (excl. rape)
Whoever offends against the sexual freedom of another person, using violence or intimidation, shall be punished for sexual assault with a sentence of imprisonment from one to five years.
ObservationsSpecial circumstances:
- Criminal Code, Article 180: 1. The preceding conduct shall be punished with prison sentences of five to ten years for assaults pursuant to Article 178, and from twelve to fifteen years for those of Article 179, when any of the following circumstances concur: 1. When the violence or intimidation made are of a particularly degrading or humiliating nature; 2. When the acts are committed by joint action of two or more persons; 3. When the victim is especially vulnerable due to age, illness, handicap or circumstances, except for what is set forth in Article 183; 4. When, in order to execute the offence, the offender has availed himself of a superiority or relationship, due to being the ascendant, descendent or brother or sister, biological or adopted or in-law of the victim; 5. When the doer uses weapons or other equally dangerous means which may cause death or any of the injuries foreseen in Articles 149 and 150 of this Code, without prejudice to the relevant punishment for the death or injuries caused. 2. Should two or more of the above circumstances concur, the penalties foreseen in this Article shall be imposed in the upper half. (Criminal Code, Article 180)
Related information:
- Sexual abuse: Whoever, without violence or intimidation and without there being consent, perpetrates acts against the sexual freedom or indemnity of another person, shall be convicted of sexual abuse, with a sentence of imprisonment from one to three years or a fine of eighteen to twenty- four months. (Criminal Code, Article 181)
Legal Source:Criminal Code, Article 178
Legal provisions on protection orders:No legal provision
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SpainViolence, JusticeSexual Harassment
Whoever solicits favours of a sexual nature, for himself or for a third party, within the setting of a continuous or usual work relation, teaching or service provision relation, and by such conduct causes the victim a situation that is objective and seriously intimidating, hostile or humiliating, shall convicted of sexual harassment and punished with a sentence of imprisonment of three to five months or a fine from six to ten months.
Legal Source:Criminal Code, Article184
Legal provisions on protection orders:No legal provision
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SpainViolence, JusticeStalking
In Spain, the term stalking is not defined, but the term “physical harassment” exists, which is “whoever inflicts a degrading treatment on another person, seriously damaging his moral integrity, shall be punished with a sentence of imprisonment of six months to two years. The same punishment shall be imposed on those who, within the setting of any labour relation or the civil service, availing themselves of their superior status, repeatedly perpetrate hostile or humiliating acts against another that, while not reaching the status of degrading treatment, amount to serious harassment of the victim.The same punishment shall also be imposed on those who repeatedly perpetrate hostile or humiliating acts that, while not reaching the statement of degrading treatment, are aimed at preventing lawful enjoyment of a dwelling.”
ObservationsThis term is used for harassment in the working place.
Legal Source:Criminal Code,173.1
Legal provisions on protection orders:No legal provision
Literature and legislation
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SpainHealth, Violence
The main purpose of this report is to systematize knowledge and data about domestic violence in the ...
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SpainHealth, Violence
This document is aimed to give a reference frame for actions and initiatives for VAW in Catalunya....
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SpainHealth, Violence
This guide has the purpose to give directions on VAW spanish constitutional law to legal professiona...