Spain

Ms. Arjona Camacho was dismissed from her position as a security guard at a juvenile detention center. The Social Court No.

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.

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.

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.

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.