2023-04-20 09:15:00
- The law of yes is yes: a good law that needs to prioritize its immediate implementation by the central government, autonomous communities and the judiciary.
Only the capital Madrid and Asturias have a 24-hour crisis center, so at least 50 centers must be set up by the Autonomous Communities before the end of the year.
No news of four urgent legislative reforms that would guarantee the rights of women victims of sexual violence.
There are no concrete plans to guarantee professional specialization through the training of the sectors involved in caring for female victims.
Although right now the political debate is centered on the revisions of sentences towards the aggressors and on the different amendments presented by the different parliamentary groups to the Organic Law 10/2022, of September 6, on the Comprehensive Guarantee of Sexual Freedomknown as the Law of Only yes is yesthe protection of women victims of sexual violence will only be effective if the implementation of the law is urgently promoted.
“For Amnesty International, the priority is the effective protection of women. The increase in sentences approved today in Congress is not going to prevent re-victimizing judicial processes from taking place, nor is it from questioning the women who denounce them. This can only be avoided if urgent progress is made with the measures necessary to implement the Law of Sexual Freedom. And for this to happen, it is necessary to speed up, for example, the opening of specialized crisis centers open 24 hours a day; the training of all persons involved in the care of victims of sexual violence, including those in the judicial sphere; or the reform of laws that guarantee women’s rights such as free access to justice and the specialization of courts and prosecutors,” said Virginia Álvarez, the organization’s head of research.
“The increase in sentences approved today in Congress is not going to prevent re-victimizing judicial processes from taking place, nor is it from questioning the women who denounce them. This can only be avoided if urgent progress is made in the necessary measures for the implementation of the Law on Sexual Freedom”
Amnesty International, on numerous occasions, has stated that the Law of Sexual Freedom It has been an important milestone in relation to compliance with the international obligations of the Spanish State regarding the prevention, detection, investigation, punishment and reparation of sexual violence. A law that recognizes specialized and accessible comprehensive assistance for victims; that places consent at the center, since sexual violence is understood as any act of a sexual nature that is not consented to or that conditions the free development of sexual life in any public or private sphere; that values the importance of evaluation and accountability; and that includes support measures with a vocation for reparation.
The Law also reformed the Title VIII of the Penal Code on sexual assault, including for the first time, a definition of consent in the article 178.1 aligned with international human rights standards (Article 36 of the Istanbul Convention). It is essential that this paradigm shift continue to be strengthened, where the central element is the absence of consent, eliminating gender stereotypes and sexist notions, which are especially harmful when prosecuting this type of crime, and avoiding possible spaces for impunity.
The law, despite the fact that it partially entered into force on October 7, 2022 and completely on March 7, 2023, has pending the implementation of numerous care and prevention measures for victims, as well as the reform of different laws that guarantee their protection and access to all services. If these measures are not promoted before the end of the legislature, there is a risk that the law will become a piece of paper and women victims of sexual violence will be left unattended.
Four timid advances, highly necessary
For Amnesty International, these would be some of the essential lines of implementation of the Law on Sexual Freedom, to protect victims of sexual violence:
1. Despite the commitment to create a 24 hour crisis center with psychological, legal and social care for victims of sexual violence in all provinces, as well as in Ceuta and Melilla, before December 31, 2023. The truth is that today, only the capital Madrid and Asturias have a crisis center, so at least 50 centers should still be set up by the Autonomous Communities in the next eight months.
2. There are no concrete plans to guarantee the professional specialization through the training of all sectors involved in the care of victims of sexual violence (educational, socio-sanitary, state security forces, administration of justice) so that gender stereotypes are eliminated, secondary victimization is avoided, and the trauma that this type of aggression has on the women who suffer it can be addressed.
3. Although the 016 telephone service for victims of gender violence, it has been extended to victims of sexual violence, the truth is that the ATENPRO service (Telephone Assistance and Protection Service for victims of Gender Violence), will not include victims of sexual violence until December 31, 2023.
4. They Still Don’t Ease statistical data that allow the elaboration of an adequate diagnosis on sexual violence in our country. Although the Macro-survey on Violence Against Women of 2019 provided data for the first time on what the dimension of this type of violence could be, it is only indicative data.
No news of four urgent legislative reforms
For Amnesty International, it is essential that some legislative reforms that guarantee the rights of women victims of sexual violence be addressed before October 2023, such as:
1. Access to free legal assistance (Law 1/1996, of January 10).
2. Expansion of the specialization in sexual violence of the Prosecutor’s Office and judges who serve or intend to serve in courts of violence against women (Organic Law 6/1985, of July 1, on the Judiciary, and Law 50/1981, of December 30, which regulates the Organic Statute of the Public Prosecutor).
3. The creation of a fund of assets confiscated for crimes against sexual freedomthrough the processing of a Bill that regulates it, as well as the administrative reparation fund.
4. The elaboration of the Regulation of Help for victims of violent crimes and crimes against sexual freedom(Royal Decree 738/1997, of May 23).
Another essential issue is the introduction of mechanisms for judicial accreditation of victims (currently included in the Justice Organizational Efficiency Lawwhich is undergoing parliamentary proceedings).
Amnesty International urges the central and regional governments to promote the immediate implementation of the Law of Sexual Freedom to guarantee the effective protection of women and girls and boys who are victims of sexual violence, taking into account mechanisms such as the Joint Multiannual Plan on Violence against Women 2023-2027the State Strategy to combat Sexist Violence 2022-2025; and the State coordination table on sexual violencepending convening.
Context information
Amnesty International met on April 13 with the Minister of Equality, Irene Montero, to discuss some aspects of the implementation of the Law on Sexual Freedom. For the same purpose, he requested a meeting with the Minister of Justice, Pilar Llop, until now we are waiting to close a date for that meeting.
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