Spain

Spain criminalizes certain behaviors contrary to gender justice, such as the practicing of abortions without the patient’s consent, and female genital mutilation. In particular, Article 149 criminalizes female genital mutilation, establishing a penalty of six to twelve years in prison. Article 173 criminalizes the habitual physical or psychological violence exercised against a spouse or partner, punished with a penalty of six months to three years of prison (regardless of the penalty for any specific acts of violence that may have occurred).

Spanish Criminal Code Article 172 quater. 

In 2018, the Association of Accredited Clinics for the Termination of Pregnancy (ACAI, for its initials in Spanish) produced a report concluding that 89% of women who had an abortion felt harassed, and 66% felt threatened.

Spain’s Constitution contains three provisions particularly relevant to gender justice.

The defendant appealed a lower court decision, arguing that it violated the principle of innocence until proven guilty. The defendant argued that the majority of the evidence against him was the testimony of the complainant, his wife, accusing him of domestic violence. The Supreme Court ruled that witness testimony can be in and of itself sufficient and that judges are free to rule based on the evidence presented before them.

The defendant published numerous comments on his Twitter account, including the statements: “53 murdered by gender violence so far this year, they are few in my opinion since they are so many whores;” “in 2015 there were 56 women murdered, it's not a good rate but we did what we could, let’s double that rate in 2016, thanks;” “I have the explosives already prepared for this night to use in Sol, Happy New Year, Allah is great;” and “I've already abused her, you're the next” (attaching an image of a woman).

The Workers’ Statute contains some special rights for women who have suffered gender-based violence. Article 37.8 establishes that said women could work part-time if they wanted to. Article 40.4 gives them a preferential right to occupy a new position in another location if they needed to move as a result of the gender-based violence they suffered.

Law 4/2023 of February 8, 2023, for the real and effective equality of trans persons and on the guarantee of the rights of LGTBI persons

Law 4/2023, of February 28, 2023, on the equality of trans persons and the protection of LGBTI rights, affirms the right to gender self-determination. It allows anyone over the age of 16 to change their sex and name unilaterally on official documents, without the input of a medical professional. Children aged 14 to 16 can apply with parental authorization, and those aged 12 to 14 must first obtain judicial approval.

When regulating the legal regime applicable to publicly traded companies, the Capital Companies Law establishes that the board of directors shall ensure that its selection procedures favor gender diversity (Article 529 bis). Furthermore, the mandatory annual corporate governance report shall include a description explaining how the company is furthering diversity, particularly in relation to the representation of women in its board of directors (Article 540).

The Law on Education established that one of the principles of Spain’s public education system is the prevention of gender-based violence (Article 1). Preference in the admission to public schools will be given to students who have had to move because they suffered acts of gender-based violence (Article 84.7).

This law implemented the constitutional mandate of gender equality in terms of human dignity, rights, and obligations. Its purpose is to implement the principle of equality and ensure that women do not suffer gender discrimination in any realm of society (including politics, civil society, work environments, the economy, social and cultural). It also details the constitutional principles of equal treatment and the prohibition of gender discrimination.