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Spain

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B.S. v. Spain

A Spanish woman of Nigeria origin was allegedly verbally and physically abused when she was stopped and questioned while working as a prostitute in the street on two occasions. She lodged a complaint with the investigating judge who asked the police headquarters to produce an incident report in which the identities of the police officers on patrol at the time of the incidents differed from those indicated by the applicant. The judge subsequently made a provisional discharge order and discontinued the proceedings on basis of insufficient evidence.

Código Criminal de España (última revision en 2015)

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).

Decisión 364/2016

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.

Decisión 72/2018

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).

González Carreño v. Spain

In 2003, a father murdered his seven-year-old daughter Andrea during a court-approved parental visitation. Ángela González, Andrea’s mother, had previously reported instances of physical abuse to the police on numerous occasions and sought court-ordered restraining orders against him to protect herself and her daughter. The father had refused to accept supervised visitations with his daughter. After killing his daughter, the father committed suicide. The mother brought suit in national court against Spanish authorities.

Ley de Compañias Capitales 2010 (última revisión 2017) (Capital Companies Law)

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).

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