Comprehensive protection against gender-based violence

Includes bug correction published in BOE No. 87 of 12 April 2005. Ref. BOE-A-2005-5835

JUAN CARLOS I

KING OF SPAIN

To all who see and understand the present.

Know: That the General Courts have passed and I come to sanction the following organic law.

EXPOSURE OF GROUNDS

I

Gender-based violence is not a problem affecting the private sphere. On the contrary, it manifests itself as the most brutal symbol of inequality in our society. It is a violence directed against women because they are themselves women, because they are considered by their aggressors to lack the minimum rights of freedom, respect and decision-making.

Our Constitution It incorporates in article 15 the right of everyone to life and physical and moral integrity, without in any case being subjected to torture or inhuman or degrading treatment or punishment. In addition, it continues our Magna Cartathese rights bind all public authorities and their exercise can only be regulated by law.

The United Nations at the Fourth World Conference in 1995 had recognized that violence against women was an obstacle to achieving the goals of equality, development and peace and violated and undermined the enjoyment of human rights and fundamental freedoms. It is also widely defined as a manifestation of historically unequal power relations between women and men. There is also a technical definition of the syndrome of battered women, which consists of “the attacks suffered by women as a result of the socio-cultural factors that act on the male and female genders, placing them in a position of subordination to men and manifested in the three basic areas of the person's relationship: abuse within the relationships of couples, sexual assault in the social life and harassment in the working environment”.

In Spanish reality, attacks on women have a special impact, and today there is a greater awareness of women than in previous times, thanks largely to the efforts made by women's organizations in their fight against all forms of gender-based violence. It is no longer an "invisible crime", but rather produces collective rejection and an obvious social alarm.

II

The public authorities cannot be unaware of gender-based violence, which constitutes one of the most flagrant attacks on fundamental rights such as freedom, equality, life, security and non-discrimination proclaimed in our Constitution. These same public authorities have, in accordance with the provisions of Article 9.2 of the Constitutionthe obligation to take positive action measures to give effect to and give effect to those rights, removing obstacles to or hindering their full realization.

In recent years, Spanish law has produced legislative advances in the fight against gender-based violence, such as the Organic Law 11/2003 of 29 Septemberconcrete measures in the field of citizen security, domestic violence and the social integration of foreigners; Organic Law 15/2003 of 25 Novemberamending the Organic Law 10/1995 of 23 November 1995, of Spanish Criminal Code, or Law 27/2003 of 31 July, regulating the Order for the Protection of Victims of Domestic Violence; in addition to the laws adopted by various Autonomous Communities, within their competence. All of them have had an impact on different civil, criminal, social or educational areas through their respective regulations.

The Act seeks to address the recommendations of international agencies to provide a comprehensive response to violence against women. This includes the 1979 Convention on the Elimination of All Forms of Discrimination against Women; the United Nations Declaration on the Elimination of Violence against Women, proclaimed in December 1993 by the General Assembly; the Resolutions of the last International Summit on Women held in Beijing in September 1995; World Health Assembly Resolution WHA49.25 declaring violence as a priority public health problem proclaimed in 1996 by WHO; the report of the European Parliament of July 1997; the Resolution of the United Nations Commission on Human Rights of 1997; and the 1999 Declaration as a European Year to Combat Gender Violence, among others. Most recently, Decision No 803/2004/EC of the European Parliament approving a Community action programme (2004-2008) to prevent and combat violence against children, young people and women and to protect victims and groups at risk ( Daphne II programme) has set out the position and strategy of the representatives of the Union's citizens in this regard.

The scope of the Act covers both preventive, educational, social, care and post-victim care aspects, as well as civil regulations affecting the family or cohabitation environment where the attacks mainly occur, as well as the principle of subsidiarity in the public administrations. The punitive response to all manifestations of violence regulated by this Act is also dealt with decisively.

Gender-based violence is addressed by the law in a comprehensive and multidisciplinary manner, starting with the process of socialization and education.

The achievement of equality and respect for human dignity and the freedom of individuals must be a priority objective at all levels of socialization.

The Act provides for awareness-raising and intervention measures in the field of education. With specific reference to the field of advertising, an image that respects the equality and dignity of women is strengthened. Victims are supported through the recognition of rights such as information, free legal aid and other social protection and economic support. It therefore provides a comprehensive legal response covering both procedural rules, creating new instances, as well as substantive criminal and civil rules, including the proper training of health, police and legal operators responsible for obtaining evidence and for the application of the law.

Awareness-raising and intervention measures in the health field are also established to optimize early detection and physical and psychological care for victims, in coordination with other support measures.

Situations of violence against women also affect children within their family environment, who are either direct or indirect victims of such violence. The Act also provides for their protection not only for the protection of the rights of minors, but also for the effective guarantee of the protection measures adopted with regard to women.

III

The Act is structured into a preliminary title, five titles, twenty additional provisions, two transitional provisions, one derogation and seven final provisions.

The preliminary title sets out the general provisions of the Act that relate to its object and guiding principles.

Title I identifies awareness-raising, prevention, detection and intervention measures in different areas. Education specifies the obligations of the system for the transmission of values of respect for the dignity of women and equality between men and women. The fundamental objective of education is to provide an integral training that allows them to shape their own identity, as well as to construct a conception of reality that integrates both the knowledge and ethical valuation of it.

Secondary education incorporates education on gender equality and gender-based violence as a curriculum content, incorporating a new member in all school councils to promote educational measures for equality and against violence against women.

In the field of advertising, it must respect the dignity of women and their right to a non-stereotyped or discriminatory image, whether displayed in the public or private media. On the other hand, the action for cessation or rectification of advertising is modified by legitimizing the institutions and associations working for equality between men and women for its exercise.

In the field of health, early detection and assistance to victims are provided, as are health protocols for attacks resulting from the violence covered by this Act, which will be sent to the relevant courts in order to expedite judicial proceedings. In addition, a Commission is set up within the Interterritorial Council of the National Health System to provide technical support, coordination and evaluation of the health measures set out in the Act.

Chapter I of Title II, on the rights of women victims of violence, guarantees the right of access to information and integrated social assistance, through ongoing, urgent and specialized services of benefits and professional multidisciplinaryness. In order to assist in the implementation of these services, a fund will be provided to which the Autonomous Communities will be able to access, in accordance with the objective criteria to be determined at the respective Sectoral Conference.

The right to free legal aid is also recognized, in order to guarantee victims with insufficient resources to litigate legal aid in all processes and procedures related to gender-based violence, to which they are party, by taking the same legal direction to assist them in all proceedings. The measure is extended to those injured in the event of the death of the victim.

It also provides for social protection measures, amending the Royal Legislative Decree 1/1995 of 24 March 1995approving the Consolidated text of the Workers' Statute Actto justify the absence of jobs for victims of gender-based violence, to enable their geographical mobility, the suspension of the job with reservation and the termination of the contract.

In the same vein, measures are envisaged to support women civil servants who suffer forms of violence against them, amending the corresponding provisions of the Act. Act 30/1984 of 2 August 1984of Measures for the Reform of the Civil Service.

Economic support measures are also regulated by amending the Royal Legislative Decree 1/1994 of 20 June 1994approving the Consolidated text of the General Social Security Actto ensure that victims of gender-based violence generate the right to the legal situation of unemployment when voluntarily resolving or suspending their employment contract.

In order to ensure that victims of gender-based violence who lack financial resources receive social assistance in cases where it is considered that the victim, due to his age, lack of general specialized training and social circumstances, will not substantially improve his employability, it is envisaged that he will be incorporated into the specific action programme created for his professional integration. This aid, which will be adjusted in relation to the age and family responsibilities of the victim, is intended to provide the victim with minimum subsistence resources to enable him to become independent of the offender; it will be compatible with the provisions of the Act No. 35/1995 of 11 December 1995Assistance and Assistance to Victims of Violent Crimes and Against Sexual Liberty.

In Title III, concerning institutional guardianship, two administrative bodies were established. First, the Government ' s Special Delegation against Violence against Women, in the Ministry of Labour and Social Affairs, which will, among other functions, propose the Government ' s policy on violence against women and coordinate and promote all actions in this area, which will necessarily include all actions that give effect to the guarantee of women ' s rights. The State Observatory on Violence against Women was also established as a collegial body within the Ministry of Labour and Social Affairs, whose main functions would be to serve as a centre for analysing the situation and evolution of violence against women, as well as to advise and collaborate with the Delegate in the elaboration of proposals and measures to eradicate such violence.

Title IV of the Act introduces criminal provisions, which are intended to include, within aggravated types of injury, a specific one that increases the penal penalty when the injury occurs against anyone who is or has been the wife of the perpetrator, or a woman who is or has been linked to him by a similar relationship of affection, even without cohabitation. Mild coercion and minor threats of any kind committed against the above-mentioned women are also punishable as criminal offences.

For citizens, for women's groups and specifically for those who suffer this type of aggression, the law wants to give a firm and forceful response and to show firmness by putting them into specific criminal offences.

Title V establishes the so-called Judicial Guardianship to ensure adequate and effective treatment of the legal, family and social situation of victims of gender-based violence in domestic relations.

From the judicial point of view, we are faced with a complex phenomenon in which it is necessary to intervene from different legal perspectives, ranging from procedural and substantive rules to provisions relating to the care of victims, intervention that is possible only through specific legislation.

A law on the prevention and eradication of violence against women must be a law that includes procedural measures that allow for expeditious and summary procedures, such as the one established in Law 27/2003 of 31 Julybut, in addition, to combine, in the civil and criminal fields, measures to protect women and their sons and daughters, and precautionary measures to be implemented as a matter of urgency.

The current civil, criminal, advertising, social and administrative regulations have many shortcomings, mainly due to the fact that a comprehensive and multidisciplinary response has not been given to this issue so far. From the criminal point of view, the answer can never be a new grievance for women.

With regard to the legal measures taken to ensure adequate and effective treatment of the legal, family and social situation of victims of violence against women in domestic relations, the following have been adopted: in accordance with Spanish legal tradition, a formula of specialization within the criminal order, of the investigating judges, creating the courts of violence against women and excluding the possibility of creating a new judicial order or the assumption of criminal jurisdiction by the civil judges. These courts shall hear the investigation and, where appropriate, the decision of criminal cases concerning violence against women, as well as related civil cases, so that both in the first instance are subject to trial before the same office. This ensures the mediation of due process of criminal law in the intervention of the fundamental rights of the alleged aggressor, without reducing as little as possible the legal possibilities that this law provides for the greatest, most immediate and effective protection of the victim, as well as the resources to avoid repetitions in aggression or escalation in violence.

With regard to the express regulation of the protective measures that may be adopted by the judge on violence against women, it has been decided to include them expressly, since they are not included as precautionary measures in the Spanish Criminal Procedure Actwhich only regulates the prohibition of residence and the prohibition of going to a certain place for offences listed in the Article 57 of the Criminal Code (Article 544 bis of the Criminal Procedure Actintroduced by the Organic Law 14/1999 of 9 June 1999, amending the Spanish Criminal Code of 1995 on the protection of victims of Spanish Criminal Procedure Act). In addition, the temporary delimitation of these measures (when they are precautionary measures) is chosen until the end of the proceedings. However, the possibility is added that any of these protective measures can be used as a security measure, from the beginning or during the execution of the judgment, thereby increasing the list of the Article 105 of the Criminal Code (as amended by Organic Law 15/2003 of 25 Novemberamending the Organic Law 10/1995 of 23 November 1995, of Spanish Criminal Code), and enabling the judge to guarantee the protection of victims beyond the end of the proceedings.

Rules affecting the functions of the Public Prosecutor's Office are provided for by the establishment of the Prosecutor for Violence against Women, which is responsible for supervising and coordinating the Public Prosecutor's Office in this regard, and by the creation of an equivalent section in each Prosecutor's Office of the High Courts of Justice and Provincial Courts, which will be assigned to prosecutors with special expertise in this field. The Public Prosecutors shall intervene in criminal proceedings for acts constituting offences or misdemeanours within the jurisdiction of the Courts for Violence against Women, in addition to intervening in civil proceedings for annulment, separation or divorce, or relating to the custody and custody of minor children in which the spouse or children are alleged to be ill-treated.

In its additional provisions, the Act undertakes a thorough reform of the legal system in order to adapt the existing rules to the framework introduced by this text. In order to harmonize the above standards and provide a coordinated context between the legal texts, part of the comprehensive reform has been carried out through the amendment of existing standards. In this regard, the additional provisions elaborate the measures provided for in the articles, but incorporate them directly into the educational, advertising, labour, social security and civil service legislation; in addition, these provisions affect, in particular, the recognition of pensions and the provision of the Fund provided for in this Act to promote comprehensive social assistance for victims of gender-based violence.

With regard to the transitional regime, the application of this Law is extended to proceedings under way at the time of its entry into force, while respecting the judicial competence of the respective bodies.

Finally, this Act includes in its final provisions the qualifications necessary for the normative development of its provisions.

Drafted in accordance with the bug correction in BOE No. 87, 12 April 2005. Ref. BOE-A-2005-5835

PRELIMINARY TITLE

Article 1. Subject matter of the Act.

1. The purpose of this Law is to act against violence which, as a manifestation of discrimination, inequality and power relations of men over women, is exercised over women by those who are or have been their spouses or those who are or have been linked to them by similar relationships of affection, even without coexistence.

2. This Act establishes comprehensive protection measures aimed at preventing, punishing and eradicating such violence and providing assistance to women, their minor children and children under their guardianship, or custody and custody, who are victims of such violence.

3. Gender-based violence referred to in this Law includes any act of physical and psychological violence, including assaults on sexual liberty, threats, coercion or arbitrary deprivation of liberty.

4. The gender-based violence referred to in this Law also includes violence which, with the aim of causing harm or harm to women, is exercised on their family members or relatives under the age of 18 by the persons referred to in paragraph 1.

Paragraph 4 is added by final provision 10 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

Paragraph 2 is amended by final provision 3.1 of Organic Law 8/2015 of 22 July. Ref. BOE-A-2015-8222.

Article 2. Guiding principles.

The Act sets out a comprehensive set of measures to achieve the following objectives:

(a) Strengthen public awareness-raising measures for prevention, providing public authorities with effective instruments in the field of education, social, health, advertising and media services.

(b) Consecrate rights for women victims of gender-based violence, which are enforceable before the public authorities, and thus ensure prompt, transparent and effective access to the services established for that purpose.

(c) To strengthen, until the minimum required by the objectives of the Act, social information, care, emergency, support and comprehensive recovery services and to establish a system for the most effective coordination of existing services at the municipal and regional levels.

(d) Guaranteeing rights in the workplace and civil service that reconcile the requirements of the employment and public employment relationship with the circumstances of women workers who suffer gender-based violence.

(e) Ensure economic rights for women victims of gender-based violence, in order to facilitate their social integration.

(f) Establish a comprehensive system of institutional guardianship in which the General Administration of the State, through the Special Delegation of the Government against Violence against Women, in collaboration with the State Observatory on Violence against Women, encourages the creation of public policies aimed at providing protection to victims of violence covered by this Act.

(g) Strengthen the existing criminal and procedural framework to ensure comprehensive protection, from the judicial level, for victims of gender-based violence.

(h) Coordinating the resources and instruments of all kinds of public authorities to ensure the prevention of acts of gender-based violence and, where appropriate, the appropriate punishment of those responsible for such acts.

(i) Promote collaboration and participation of civil society entities, associations and organizations working against gender-based violence.

(j) To promote the specialization of professional groups involved in the information, care and protection process for victims.

(k) Ensure the principle of mainstreaming measures so that their implementation takes into account the specific needs and demands of all women victims of gender-based violence.

TITLE I

Awareness, prevention and detection measures

Article 3. Awareness-raising plans.

1. From the responsibility of the Government of the State and immediately to the entry into force of this law, with the corresponding budget, a State Plan for the Awareness and Prevention of Gender Violence will be put in place on a permanent basis, with at least the following elements:

(a) To introduce into the social arena new scales of values based on respect for fundamental rights and freedoms and equality between men and women, as well as on the exercise of tolerance and freedom within the democratic principles of coexistence, all from the perspective of gender relations.

(b) Aimed at both men and women, from community and intercultural work, including in the field of information and digital technologies.

(c) Provide for a comprehensive programme of further training and retraining of professionals involved in these situations.

(d) Controlled by a Commission with wide participation, to be established within a maximum of one month, in which the presence of victims and their environment, institutions, professionals and persons of recognized social standing related to the treatment of these issues must be ensured.

The Government Delegation against Gender Violence, having heard the Commission referred to in the previous paragraph, shall prepare the annual evaluation report on the State Plan for the Awareness and Prevention of Gender Violence and shall forward it to the General Courts.

2. The public authorities, within their competence, will also promote specific information and awareness campaigns to prevent gender-based violence.

3. Information and awareness-raising campaigns against this form of violence will be conducted in a manner that ensures access to such violence for persons with disabilities.

It is amended, with effect from 7 October 2022, by final provision 9.1 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

CHAPTER I

Education

Article 4. Principles and values of the education system.

1. The Spanish education system will include training in respect for fundamental rights and freedoms and equality between men and women, as well as in the exercise of tolerance and freedom within the democratic principles of coexistence.

The Spanish education system will also include, within its quality principles, the removal of obstacles to full equality between men and women and training in conflict prevention and the peaceful resolution of conflicts.

2. Child education will help to develop learning in the peaceful resolution of conflicts in childhood.

3. Primary education will help to develop students' ability to acquire skills in the peaceful resolution of conflicts and to understand and respect gender equality.

4. Compulsory secondary education will contribute to developing the capacity of students to interact with others peacefully and to know, appreciate and respect the equal opportunities of men and women.

5. Baccalaureate and vocational training will contribute to developing the capacity of students to consolidate their personal, social and moral maturity, enabling them to act responsibly and autonomously and to critically analyse and assess gender inequalities and promote real and effective equality between men and women.

6. Education for adults will include activities in the peaceful resolution of conflicts and promote respect for the dignity of individuals and equality between men and women.

7. Universities shall include and promote in all academic fields training, teaching and research on gender equality and non-discrimination in a cross-cutting manner.

Article 5. Immediate schooling in case of gender violence.

The competent authorities should provide for immediate schooling for children affected by a change of residence resulting from acts of gender-based violence.

Article 6. Promotion of equality.

In order to ensure effective equality between men and women, educational administrations shall ensure that all educational materials eliminate sexist or discriminatory stereotypes and promote the equal value of men and women.

Article 7. Initial and continuing teacher training.

The education authorities shall take the necessary measures to ensure that the initial and continuing teacher training plans include specific equality training, in order to ensure that they acquire the necessary knowledge and techniques enabling them to:

(a) Education in respect for fundamental rights and freedoms and equality between men and women and in the exercise of tolerance and freedom within the democratic principles of coexistence.

(b) Education in conflict prevention and in the peaceful resolution of conflicts in all areas of personal, family and social life.

(c) Early detection of violence at the family level, especially against women and children.

(d) The promotion of attitudes aimed at the exercise of equal rights and obligations by women and men, both in the public and private spheres, and the co-responsibility of women and men in the domestic sphere.

Article 8. Participation in school councils.

The necessary measures will be taken to ensure that the School Councils encourage the adoption of educational measures that promote real and effective equality between men and women. To that end, the State School Council would ensure the representation of the Women ' s Institute and women ' s organizations throughout the country.

Article 9. Performance of the educational inspection.

The educational inspection services shall ensure compliance with and application of the principles and values set out in this chapter in the education system aimed at promoting real equality between women and men.

CHAPTER II

In the field of advertising and the media

Article 10. Illegal advertising.

In accordance with the provisions of Act No. 34/1988 of 11 November 1988advertising general, advertising that uses the image of women in an abusive or discriminatory manner shall be considered unlawful.

Article 11.

The public entity to which it is responsible to ensure that the audiovisual media fulfils its obligations shall take appropriate measures to ensure that women are treated in accordance with constitutional principles and values, without prejudice to possible actions by other entities.

Article 12. Holders of the cessation and rectification action.

The Special Delegation of the Government against Violence against Women, the Women's Institute or equivalent body of each Autonomous Community, the Public Prosecutor's Office and associations whose sole objective is to defend the interests of women shall be entitled to bring before the courts an action for the cessation of unlawful advertising for the abuse of the image of women, in accordance with the terms of the Constitution. Act No. 34/1988 of 11 November 1988, Advertising General.

Article 13. Media.

1. The public administrations shall ensure strict compliance with the legislation concerning the protection and safeguarding of fundamental rights, with particular attention to the eradication of behaviours that favour situations of inequality of women in all media, in accordance with the legislation in force.

2. The public administration will promote self-regulation agreements that, with effective preventive control and out-of-court dispute resolution mechanisms, contribute to the enforcement of advertising legislation.

Article 14.

The media will promote the protection and safeguarding of equality between men and women, avoiding any discrimination between them.

The dissemination of information on violence against women will ensure, with due information objectivity, the defence of human rights, the freedom and dignity of women victims of violence and their children. In particular, special care will be taken in the graphic processing of information.

CHAPTER III

In the health field

Article 15. Awareness-raising and training.

1. The Health Administrations, within the Interterritorial Council of the National Health System, will promote and promote actions by health professionals for the early detection of gender-based violence and propose measures they deem necessary in order to optimize the contribution of the health sector in combating this type of violence.

2. In particular, awareness-raising and continuing training programmes for health personnel will be developed to improve and promote early diagnosis, assistance and rehabilitation of women in situations of gender-based violence referred to in this Act.

3. The competent education authorities shall ensure that in the fields of curricula for bachelor's degrees and diplomas, and in the programmes of specialization of the socio-health professions, content is incorporated for training in prevention, early detection, intervention and support for victims of this form of violence.

4. The appropriate National Health Plans will include a section on prevention and comprehensive intervention on gender-based violence.

Article 16. Interterritorial Council of the National Health System.

Within the Interterritorial Council of the National Health System, within one year of the entry into force of this Act, a Commission against Gender Violence shall be set up to provide technical support and guidance for the planning of the health measures referred to in this chapter, to evaluate and propose measures necessary for the implementation of the health protocol and any other measures deemed necessary for the health sector to contribute to the eradication of this form of violence.

The Commission against Gender Violence of the Interterritorial Council of the National Health System shall be composed of representatives of all the Autonomous Communities with competence in this field.

The Commission will issue an annual report to be forwarded to the State Observatory on Violence against Women and to the plenary of the Interterritorial Council.

Drafted paragraph 1 in accordance with the correction of errors in BOE No. 87, 12 April 2005. Ref. BOE-A-2005-5835

TITLE II

Rights of women victims of gender-based violence

CHAPTER I

Right to information, comprehensive social assistance and free legal assistance

Article 17. Guarantee of the rights of victims.

1. All women victims of gender-based violence are guaranteed the rights recognized in this law, without discrimination in access to them.

2. Information, comprehensive social assistance and legal assistance for victims of gender-based violence, as regulated in this chapter, contribute to the realization and realization of their constitutional rights to physical and moral integrity, freedom and security, equality and non-discrimination on the basis of sex.

3. Information and counselling services, immediate psychosocial care, telephone and online counselling, 24-hour legal counselling, reception services and comprehensive social assistance, consisting of legal, psychological and social counselling for victims of violence against women, will be essential services.

In the event of any situation which hinders the access or provision of such services, the competent public administrations shall take the necessary measures to ensure their normal functioning and their adaptation, if necessary, to the specific needs of the victims resulting from the situation of that exceptional situation.

The normal operation and provision of the system of monitoring by telematic means of compliance with precautionary measures and penalties prohibiting the approximation of gender-based violence shall also be ensured.

It is amended, with effect from 7 October 2022, by final provision 9.2 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

Article 18. Right to information.

1. Women victims of gender-based violence have the right to receive full information and counselling appropriate to their personal situation, without discrimination in access to them, through the services, agencies or offices available to the public administrations.

This information shall include the measures provided for in this Act concerning their protection and security, the rights and assistance provided for therein, and the place of provision of care, emergency, support and comprehensive recovery services.

2. It will ensure, through the necessary means, that women with disabilities who are victims of gender-based violence have comprehensive access to information on their rights and on existing resources. This information should be provided in accessible and understandable format to persons with disabilities, such as sign language or other forms or communication options, including alternative and augmentative systems.

3. In addition, the necessary means will be put in place to ensure that women victims of gender-based violence who, because of their personal and social circumstances, may have greater difficulty in gaining full access to information, are guaranteed the effective exercise of this right. The information shall be accessible to women who do not know Spanish or, where appropriate, the other official language of their territory of residence.

It is amended, with effect from 7 October 2022, by final provision 9.3 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

Article 19. The right to comprehensive care.

1. Women victims of gender-based violence have the right to social services for care, emergency, support and reception and comprehensive recovery. The organization of these services by the Autonomous Communities and Local Corporations will be in accordance with the principles of permanent care, urgent action, specialization of benefits and multidisciplinary professionality.

2. Multidisciplinary attention will include, in particular:

(a) Information to victims.

(b) Psychological care.

(c) Social support.

(d) Follow-up of women ' s rights complaints.

(e) Educational support for the family unit.

(f) Preventive training in the values of equality aimed at personal development and the acquisition of skills in non-violent conflict resolution.

(g) Support for training and employment.

3. The services shall adopt organisational formulas which, due to the specialization of their staff, due to their characteristics of convergence and integration of actions, guarantee the effectiveness of the above principles, ensuring, in any case, the availability, accessibility and quality of the principles. In any event, equitable territorial distribution of services will be ensured and their accessibility will be ensured for women in rural and other remote areas.

4. These services will work in coordination and in collaboration with the Security Forces, the Courts of Violence on Women, the health services and the institutions responsible for providing legal assistance to victims of the relevant geographical area. These services may request the judicial body to take such urgent measures as they deem necessary.

5. The right to comprehensive social assistance through these social services shall also be enjoyed by minors who are under the parental authority or custody of the abused person, or who live together in family contexts where acts of gender-based violence are committed. To this end, social services should have staff specifically trained to care for minors, in order to effectively prevent and prevent situations that may result in psychological and physical harm to children living in family environments where gender-based violence exists. In particular, they should have professionals in child psychology to care for children who are victims of gender-based violence, including vicarious violence.

6. The instruments and procedures for cooperation between the General Administration of the State and the Administration of the Autonomous Communities in the matters regulated in this article shall include commitments for the provision by the General Administration of the State of financial resources specifically related to the provision of services.

7. Equality bodies shall guide and evaluate programmes and actions carried out and shall issue recommendations for their improvement.

It is amended, with effect from 7 October 2022, by final provision 9.4 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

Article 19 bis. Right to health care.

1. The Public Health System shall guarantee to women victims of gender-based violence, as well as their children, the right to health care, with particular psychological and psychiatric care, and to follow up on the evolution of their health status until their full recovery, with regard to symptoms or psychological and physical sequelae resulting from the situation of violence suffered. Health services should also include child psychologists to care for minor children who are victims of vicarious violence.

2. These services will be provided, ensuring the privacy and privacy of women and respect, in any case, for the decisions they make regarding their health care.

3. Specific measures will also be established for the detection, intervention and assistance in situations of violence against women with disabilities, women with mental health problems, addictions or other problems or other cases of addictions derived from or added to violence.

It is added, with effect from 7 October 2022, by final provision 9.5 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

Text added, published on 07/09/2022, in force from 07/10/2022.

Article 20. Legal aid.

1. Victims of gender-based violence have the right to receive free legal advice immediately prior to the filing of the complaint, and free defence and representation by counsel and procurator in all administrative processes and procedures that have direct or indirect cause in the violence suffered. In such cases, the same legal authority shall assume the defence of the victim, provided that his or her right of defence is duly guaranteed. This right shall also assist the successors in the event of the death of the victim, provided that they are not involved in the facts. In any event, legal defence, free of charge and specialized, shall be guaranteed immediately to all victims of gender-based violence who request it.

2. In any event, when it comes to ensuring the defence and legal assistance of victims of gender-based violence, it will be done in accordance with the provisions of the Convention on the Rights of the Child. Act 1/1996 of 10 January 1996Free Legal Aid.

3. The Bar Associations, when requiring specialisation courses for the exercise of their official duty, shall ensure specific training that will help to ensure effective defence in the field of gender-based violence.

4. Likewise, the Bar Associations shall take the necessary measures to ensure the urgent appointment of legal counsel on their own initiative in proceedings involving gender-based violence and to ensure their immediate presence and assistance to victims.

5. The bar associations shall take the necessary measures for the urgent appointment of a procurator or prosecutor in proceedings for gender-based violence when the victim wishes to appear as a private charge.

6. The lawyer or lawyer appointed for the victim shall also have legal authority for the procedural representation of the victim until the prosecutor or attorney is appointed, until the victim has been charged in accordance with the following subparagraph. Until then, the lawyer or lawyer shall perform the duty of home registration for the purposes of notifications and transfer of documents.

7. Victims of gender-based violence may be charged as a particular charge at any time in the proceedings, but this will not allow for the retrotraction or repetition of proceedings already conducted before the personation, nor may it constitute a violation of the right of defence of the accused.

Paragraph 4 is amended and paragraphs 5 to 7 are added by Article 1 of Royal Decree-Law 9/2018 of 3 August. Ref. BOE-A-2018-11135

Paragraph 1 is amended by final provision 6 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Drafted paragraph 1 in accordance with the correction of errors in BOE No. 87, 12 April 2005. Ref. BOE-A-2005-5835

CHAPTER II

Labour rights and social security benefits

Article 21. Labour and social security rights.

1. The worker victim of gender-based violence shall have the right, as provided for in Workers' Statutethe reduction or reorganisation of their working time, geographical mobility, the change of workplace, the adaptation of their jobs and the support they require on account of their disability for their reinstatement, the suspension of the employment relationship with a job reserve and the termination of the employment contract.

2. In the terms provided for in General Social Security Act and on the Organic Law 4/2000 of 11 January 2000on the rights and freedoms of foreigners in Spain and their social integration, the suspension and termination of the employment contract provided for in the preceding paragraph will lead to legal unemployment. The period of suspension shall be considered as a period of effective contribution for the purposes of social security and unemployment benefits.

3. Enterprises that enter into interim contracts, to replace female victims of gender-based violence who have suspended their employment contract or exercised their right to geographical mobility or to change their workplace, shall be entitled to a 100 per cent bonus of the employer's social security contributions for common contingencies, for the entire period of suspension of the female worker replaced or for six months in the case of geographical mobility or change of workplace. When reinstatement occurs, it shall be carried out under the same conditions as at the time of the suspension of the employment contract, with reasonable accommodation to be provided for reasons of disability.

4. Absences or lack of punctuality to work due to the physical or psychological situation resulting from gender-based violence shall be considered justified and shall be remunerated, where determined by the social care services or health services, as appropriate, without prejudice to the fact that such absences are communicated by the worker to the company as soon as possible.

5. Women self-employed victims of gender-based violence who cease their activity to give effect to their protection or to their right to comprehensive social assistance shall be considered to be temporarily discontinued in accordance with the provisions of the Convention. Consolidated text of the General Social Security Act, approved by Royal Legislative Decree 8/2015 of 30 October 2015and shall be suspended for a period of six months, which shall be regarded as an effective contribution for the purposes of social security benefits. Likewise, their situation will be considered as assimilated to discharge.

For the purposes of the preceding paragraph, a contribution basis equivalent to the average of the quoted bases shall be taken during the six months preceding the suspension of the contribution obligation.

It is amended, with effect from 7 October 2022, by final provision 9.6 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

Article 22. Specific employment programme.

1. Within the framework of the annual employment plans referred to in Article 11 of the consolidated text of the Employment Act, approved by Royal Legislative Decree 3/2015, of 23 Octobera specific action programme will be developed for victims of gender-based violence registered as job seekers.

This programme will include measures to encourage the start of a new self-employment activity.

It is amended, with effect from 7 October 2022, by final provision 9.7 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

Article 23. Accreditation of situations of gender-based violence.

The situations of gender-based violence that give rise to the recognition of the rights regulated by this law shall be established by a conviction for any of the manifestations of violence against women provided for in this law, a protection order or any other judicial decision that provides for a precautionary measure in favour of the victim, or by the report of the Public Prosecutor indicating the existence of indications that the complainant is a victim of gender-based violence. Situations of violence against women may also be established by the report of social services, specialized services, or the competent public service reception services for victims of gender-based violence, or by any other title, provided that this is provided for in sectoral regulatory provisions regulating access to each of the rights and remedies.

In the case of minor victims, accreditation may also be carried out by official health documents for communication to the Public Prosecutor ' s Office or the judicial body.

The Government and the Autonomous Communities, within the framework of the Sectoral Conference on Equality, shall design, by common agreement, the basic procedures for the implementation of systems for the accreditation of situations of gender-based violence.

It is amended, with effect from 7 October 2022, by final provision 9.8 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

It is amended by Article 2 of Royal Decree-Law 9/2018 of 3 August. Ref. BOE-A-2018-11135

CHAPTER III

Rights of women civil servants

Article 24. Scope of rights.

A staff member who is the victim of gender-based violence shall be entitled to reduce or rearrange her working time, to geographical mobility of the workplace and to leave of absence as determined in her specific legislation.

Article 25. Justification of lack of assistance.

Total or partial absences from work due to the physical or psychological situation resulting from gender-based violence suffered by a female civil servant shall be considered justified in terms determined in their specific legislation.

Article 26. Accreditation of gender-based violence against women officers.

The accreditation of the circumstances giving rise to the recognition of the geographical mobility rights of the workplace, leave, and reduction or rearrangement of working time shall be carried out in accordance with the terms set out in Article 23.

CHAPTER IV

Economic rights

Article 27. Social assistance.

1. Where victims of gender-based violence lack a monthly higher income than 75 per cent of the minimum wage, excluding the proportional share of two extraordinary payments, they will receive one-time payment, provided that it is assumed that due to their age, lack of general or specialized preparation and social circumstances, the victim will have special difficulties in obtaining a job and will therefore not participate in the employment programmes established for their professional integration.

2. The amount of this aid shall be equivalent to six months' unemployment benefit. Where the victim of violence against women has been officially recognized as having a disability of 33 per cent or more, the amount shall be equivalent to 12 months ' unemployment benefit.

3. The aid, financed from the State General Budgets, will be granted by the administrations responsible for social services. The public employment service report on the predictability of the implementation of the employment programme, in the circumstances referred to in paragraph 1 of this Article, is to be included in the procedure for granting employment. It is to be noted that the implementation of the employment programme does not substantially affect the improvement of the employability of the victim.

Concurring circumstances of violence shall be established in accordance with article 23 of this Law.

4. In the event that the victim has family responsibilities, the amount of the benefit may reach 18 months of benefit, or 24 months if the victim or any of the relatives living with him or her is officially recognized as having a disability equal to or greater than 33 per cent, as provided for in the provisions for the implementation of this Act.

5. This aid shall be compatible with any of the aid provided for in the Act No. 35/1995 of 11 December 1995Assistance and Assistance to Victims of Violent Crimes and Sexual Freedom, as well as any other economic assistance of an autonomous or local nature granted for the situation of gender-based violence.

Paragraphs 2 and 5 are amended by Article 3 of Royal Decree-Law 9/2018 of 3 August. Ref. BOE-A-2018-11135

Article 28. Access to housing and public residences for the elderly.

Women victims of gender-based violence will be considered priority groups in access to sheltered housing and public residences for older persons, in terms determined by applicable legislation.

CHAPTER V

Right to reparation

It is added, with effect from 7 October 2022, by final provision 9.9 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

Text added, published on 07/09/2022, in force from 07/10/2022.

Article 28 bis. Scope and guarantee of the right.

Victims of gender-based violence have the right to redress, including financial compensation for damages resulting from violence, measures necessary for their complete physical, psychological and social recovery, symbolic reparation actions and guarantees of non-repetition.

It is added, with effect from 7 October 2022, by final provision 9.9 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

Text added, published on 07/09/2022, in force from 07/10/2022.

Article 28 ter. Measures to guarantee the right to reparation.

1. Victims of gender-based violence have the right to redress, including compensation referred to in the following paragraph, measures necessary for their complete physical, psychological and social recovery, symbolic reparation actions and guarantees of non-repetition.

2. Public administrations shall ensure that victims have effective access to appropriate compensation for damages, which shall ensure the economically assessable satisfaction of at least the following:

(a) Physical and psychological harm, including moral harm and harm to dignity.

(b) Loss of opportunities, including opportunities for education, employment and social benefits.

(c) Material damage and loss of income, including loss of profits.

(d) Social damage, understood as harm to the life project.

(e) Therapeutic, social and sexual and reproductive health treatment.

3. Compensation shall be paid by the person(s) who are civil or criminally responsible, in accordance with the regulations in force.

4. The public administrations shall ensure the complete physical, psychological and social recovery of victims through the network of comprehensive care appeals provided for in Title II. In addition, with the aim of ensuring symbolic recovery, they will promote the restoration of their dignity and reputation, the overcoming of any stigmatization situation and the right of suppression applied to Internet search engines and public media.

In addition, public administrations may provide additional assistance to victims who, because of the specific or serious consequences of violence, do not find an adequate or sufficient response in the network of care and recovery appeals. In particular, such victims may receive additional support to finance appropriate health treatments, including female genital reconstruction treatments, if necessary.

5. In order to comply with the guarantees of non-repetition, the public administrations, within their respective powers, shall promote the necessary measures to ensure that victims are effectively protected from reprisals or threats.

6. Public administrations will promote, through tributes and public outreach, collective commitment to violence against women and respect for victims.

It is added, with effect from 7 October 2022, by final provision 9.9 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

Text added, published on 07/09/2022, in force from 07/10/2022.

TITLE III

Institutional Guardianship

Article 29. The Government Delegation against Gender Violence.

1. The Government Delegation against Gender Violence, attached to the Ministry of Equality or to the department with competence in this area, will formulate public policies regarding gender violence to be developed by the Government and will prepare the Macro-Survey on Violence against Women. It will also coordinate and promote all actions in this field, working in collaboration and coordination with the administrations with competence in this field.

2. The person holding the Government Delegation against Gender Violence shall be entitled to intervene before the courts to defend the rights and interests protected by this Act in cooperation and coordination with the relevant administrations.

3. The specific status and functions of the person holding the Government Delegation against Gender Violence shall be determined by regulation.

It is amended, with effect from 7 October 2022, by final provision 9.10 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

Article 30. State Observatory on Violence against Women.

1. The State Observatory on Violence against Women will be established as a collegial body attached to the Ministry of Labour and Social Affairs, which will be responsible for advice, evaluation, institutional collaboration, preparation of reports and studies, and proposals for action on gender-based violence. These reports, studies and proposals will give special consideration to the situation of women at higher risk of gender-based violence or with greater difficulty in accessing services. In any case, the data contained in these reports, studies and proposals will be recorded disaggregated by sex.

2. The State Observatory on Violence against Women shall transmit to the Government and the Autonomous Communities, on an annual basis, a report on the evolution of violence against women in the terms referred to in article 1 of this Law, with a view to determining the types of offences that have been applied, and the effectiveness of the measures agreed upon for the protection of victims. The report will also highlight the need for legal reform to ensure that the implementation of the protection measures adopted can ensure the highest level of guardianship for women.

3. Their functions, their operating regime and their composition shall be determined by regulation, which shall in any event ensure the participation of the Autonomous Communities, local authorities, social partners, consumer and user associations, and women's organisations established throughout the territory of the State, as well as of the most representative employers' and trade union organizations.

Article 31. Security Forces and Corps.

1. The Government shall establish units within the State Security Forces and Forces specialized in the prevention of gender-based violence and in monitoring the implementation of judicial measures taken.

2. The Government, in order to make the protection of victims more effective, shall promote the necessary actions to ensure that the local police, in cooperation with the State Security Forces and Forces, cooperate in ensuring compliance with the measures agreed upon by the judicial bodies when these are some of the measures provided for in this Act or in the Act. Article 544 bis of the Criminal Procedure Act or in the Article 57 of the Criminal Code.

3. The actions of the Security Forces and Corps should take into account the Protocol on the Act of the Security Forces and Corps and on Coordination with the Judicial Bodies for the Protection of Domestic and Gender-based Violence.

4. The provisions of this Article shall apply in the Autonomous Communities which have police forces carrying out the functions of protecting persons and property and maintaining public order and security within the autonomous territory, as provided for in their Statutes, in the Organic Law 2/1986 of 13 Marchthe Security Forces and Corps, and their police laws, and all of this with the aim of making the protection of victims more effective.

Article 32. Collaboration plans.

1. The public authorities shall draw up collaborative plans to ensure the management of their actions in the prevention, assistance and prosecution of acts of gender-based violence, which shall involve health administrations, the administration of justice, the security forces and bodies, and social services and equality bodies.

2. In developing these plans, action protocols will be drawn up to determine the procedures to ensure comprehensive and comprehensive action by the various administrations and services involved, and to guarantee the evidentiary activity in the processes that are followed.

3. The administrations with health responsibilities will promote the implementation, continuous updating and dissemination of protocols containing uniform guidelines for health action, both in the public and private spheres, and in particular the Protocol approved by the Interterritorial Council of the National Health System.

Such protocols will promote prevention, early detection and continued intervention with women subjected to or at risk of gender-based violence.

The protocols, in addition to referring to the procedures to be followed, shall make explicit reference to relations with the Administration of Justice, in cases where there is a substantiated finding or suspicion of physical or mental harm caused by these attacks or abuses.

4. In the actions provided for in this article, special consideration shall be given to the situation of women who, because of their personal and social circumstances, may be at greater risk of gender-based violence or of greater difficulties in accessing the services provided for in this law, such as those belonging to minorities, immigrant women, women who are socially excluded, women with disabilities, older women or those living in rural areas.

It is amended, with effect from 7 October 2022, by final provision 9.11 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

Paragraphs 1 and 3 were drafted in accordance with the correction of errors in BOE No. 87, 12 April 2005. Ref. BOE-A-2005-5835

TITLE IV

Criminal Guardianship

Article 33. Suspension of sentences.

The second subparagraph of paragraph 1, 6a, of the Article 83 of the Criminal Codeas drafted by the Organic Law 15/2003is worded as follows:

‘If the offences are related to gender-based violence, the judge or court shall in any event make suspension conditional on the fulfilment of the obligations or duties provided for in rules 1a, 2a and 5a of this paragraph.’

Article 34. Commission of offences during the period of suspension of sentence.

Paragraph 3 Article 84 of the Criminal Codeas drafted by the Organic Law 15/2003is worded as follows:

‘3. In the event that the suspended sentence is placed in prison for the commission of offences related to gender-based violence, the offender's failure to comply with the obligations or duties provided for in rules 1a, 2a and 5a of Article 83(1) shall determine the revocation of the suspension of the execution of the penalty.'

Article 35. Replacement of sentences.

The third subparagraph of paragraph 1 of Article 88 of the Criminal Codeas drafted by the Organic Law 15/2003is worded as follows:

“In the event that the convicted person has been convicted of a gender-based violence offence, the prison sentence may be replaced only by work for the benefit of the community. In such cases, the judge or court shall, in addition to subjecting him to specific programmes of re-education and psychological treatment, impose additional obligations or duties under rules 1a and 2a of Article 83(1) of this Code.’

Article 36. Protection against injury.

The Article 148 of the Criminal Code which is worded as follows:

‘Injury referred to in paragraph 1 of the preceding article shall be punishable by imprisonment for a term of two to five years, taking into account the result caused or the risk caused:

1. If weapons, instruments, objects, means, methods or forms specifically dangerous to the life or health, physical or mental, of the injured person have been used in the aggression.

2. If he has mediated dismay or lewdness.

3. If the victim is under the age of 12 or incapable.

4. If the victim is or has been a wife, or a woman who is or has been linked to the perpetrator by a similar relationship of affection, even without cohabitation.

5.o If the victim is a particularly vulnerable person living with the perpetrator.’

Article 37. Protection from abuse.

The Article 153 of the Criminal Codeis worded as follows:

‘1. Anyone who, by any means or procedure, causes another mental impairment or injury not defined as an offence under this Code, or beats or ill-treats another person without causing injury to him or her, where the offended person is or has been a wife, or a woman who is or has been linked to him or her by a similar relationship of affection even without cohabitation, or a particularly vulnerable person living together with the perpetrator, shall be punished by imprisonment for a term of six months to one year or by work for the benefit of the community for thirty-one to eighty days and, in any case, deprivation of the right to possession and possession of weapons for one year and one day to three years, and, where the judge or court deems it appropriate for the interests of the minor or incompetent, disqualification for the exercise of parental authority, guardianship, guardianship, guardianship, custody or placement for up to five years.

2. If the victim of the offence referred to in the preceding paragraph is one of the persons referred to in article 173.2, except for the persons referred to in the preceding paragraph of this article, the perpetrator shall be punished by imprisonment for a term of three months to one year or work for the benefit of the community for a period of thirty-one to eighty days and, in any case, deprivation of the right to hold and bear weapons for a period of one year and one day to three years, and, where the judge or court considers it appropriate for the interests of the minor or incapacitated, disqualification from exercising parental authority, guardianship, guardianship, guardianship, custody or care for a period of six months to three years.

3. The penalties provided for in paragraphs 1 and 2 shall be imposed in the upper half of the sentence if the offence is committed in the presence of minors, or using weapons, or takes place in the common home or in the victim's home, or is carried out in breach of the penalty provided for in article 48 of this Code or a precautionary or security measure of the same nature.

4. By way of derogation from the foregoing paragraphs, the judge or court may, on the basis of a judgment, in the light of the author's personal circumstances and those of the parties involved in the performance of the act, impose the lesser penalty to a degree.'

Paragraphs 1 to 3 were drafted in accordance with the correction of errors in BOE No. 87, 12 April 2005. Ref. BOE-A-2005-5835

Article 38. Protection against threats.

Three paragraphs, numbered 4, 5 and 6, are added to the Article 171 of the Criminal Codewhich shall read as follows:

‘4. Anyone who threatens, in a mild manner, anyone who is or has been his wife, or a woman who is or has been linked to him for a similar relationship of affection even without cohabitation, shall be punished by imprisonment from six months to one year or by work for the benefit of the community for thirty-one to eighty days and, in any case, deprivation of the right to hold and bear arms for one year and one day to three years, and, where the judge or court deems it appropriate for the interests of the minor or incapacitated, special disqualification for the exercise of parental authority, guardianship, guardianship, guardianship or care for up to five years.

The same penalty shall be imposed on a person who in a light manner threatens a particularly vulnerable person living side by side with the perpetrator.

5. Any person who threatens with weapons or other dangerous instruments any of the persons referred to in article 173.2, except those referred to in the preceding paragraph of this article, shall be punished by imprisonment for a term of three months to one year or work for the benefit of the community for a period of thirty-one to eighty days and, in any case, deprivation of the right to hold and bear weapons for a period of one to three years, and, where the judge or court deems it appropriate for the interests of the minor or incapacitated, shall be particularly disqualified from exercising parental authority, guardianship, guardianship, custody or care for a period of six months to three years.

The penalties provided for in paragraphs 4 and 5 shall be imposed in the upper half of the penalty if the offence is committed in the presence of minors, or takes place in the common home or at the victim ' s home, or if it is carried out in breach of the penalty provided for in article 48 of this Code or a precautionary or security measure of the same nature.

6. By way of derogation from paragraphs 4 and 5, the judge or court may, on the basis of a judgement, in the light of the author's personal circumstances and the circumstances of the case, impose the lesser penalty in degree.'

Paragraph 5 was drafted in accordance with the correction of errors in BOE No. 87, 12 April 2005. Ref. BOE-A-2005-5835

Article 39. Protection against coercion.

The current content of Article 172 of the Criminal Code is numbered as paragraph 1 and a paragraph 2 is added to that Article as follows:

‘2. Any person who, in a light manner, coerces his wife or wife, or a woman who is or has been linked to him for a similar relationship of affection, even if not cohabitation, shall be punished by imprisonment for a term of six months to one year or by work for the benefit of the community for a period of thirty-one to eighty days and, in any case, deprivation of the right to hold and bear arms for a period of one year and one day to three years, and, where the judge or court deems it appropriate for the interests of the minor or incapacitated, special disqualification for the exercise of parental authority, guardianship, curatorship, custody or fostering for up to five years.

The same penalty shall be imposed on a person who slightly coerces a particularly vulnerable person living together with the perpetrator.

The penalty shall be imposed in the upper half of the sentence if the offence is committed in the presence of minors, or takes place in the common home or at the victim ' s home, or is carried out in breach of the penalty provided for in article 48 of this Code or a precautionary or security measure of the same nature.

Notwithstanding the foregoing paragraphs, the judge or court may, on the basis of a judgement, in the light of the author's personal circumstances and those involved in the performance of the act, impose the lesser penalty in degree.'

Drafted in accordance with the bug correction in BOE No. 87, 12 April 2005. Ref. BOE-A-2005-5835

Article 40. Conviction breakdown.

The Article 468 of the Criminal Code which is worded as follows:

‘1. Those who violate their sentence, security measure, imprisonment, precautionary measure, conduct or custody shall be punished by imprisonment for a term of six months to one year if they are deprived of their liberty, and by a fine of 12 to 24 months in other cases.

2. In any event, a penalty of imprisonment of six months to one year shall be imposed on those who violate a penalty of the kind provided for in article 48 of this Code or a precautionary or security measure of the same nature imposed in criminal proceedings in which the injured person is one of the persons referred to in article 173.2.’

Article 41. Protection against minor abuse.

Article 620 Spanish Criminal Code shall read as follows:

“They shall be punished by a fine of 10 to 20 days:

1. Those who lightly threaten another with weapons or other dangerous instruments, or take them out in a quarrel, other than in just defence, unless the act constitutes an offence.

2. Those who cause a minor threat, coercion, insult or unjust abuse to another, unless the act constitutes an offence.

The facts described in the above two issues shall be prosecuted only by complaint from the aggrieved person or his legal representative.

In the case of the second paragraph of this article, where the injured person is one of the persons referred to in article 173.2, the penalty shall be a permanent location of four to eight days, always at a different home and away from that of the victim, or work for the benefit of the community of five to ten days. In such cases the complaint referred to in the preceding paragraph of this Article shall not be enforceable, except for the prosecution of insults.”

Article 42. Prison administration.

1. The Prison Administration will conduct specific programmes for inmates convicted of crimes related to gender-based violence.

2. The Treatment Boards shall assess, in the course of progress, the granting of permits and the granting of conditional release, the monitoring and use of such specific programmes by the inmates referred to in the preceding paragraph.

TITLE V

Judicial Guardianship

CHAPTER I

Courts of Violence against Women

Article 43. Territorial organization.

Adding a article 87 bis in Organic Law 6/1985 of 1 July 1985of the Judiciary, with the following wording:

‘1. In each party there will be one or more courts of violence against women, based in the capital of that party and jurisdiction throughout its territorial scope. They shall take their designation from the municipality of their seat.

2. Notwithstanding the foregoing, it may exceptionally be established that courts of violence against women may extend their jurisdiction to two or more parties within the same province.

3. The General Council of the Judiciary may, after having informed the Government Chambers, agree that, in those districts where it is appropriate to deal with the existing workload, the cases referred to in article 87 ter of this Organic Law shall be dealt with by one of the courts of first instance and investigation, or of investigation, where appropriate, and that it shall be determined in this situation that only one of these bodies shall be aware of all these matters within the judicial party, either exclusively or knowing other matters as well.

4. In judicial parties where there is only one court of first instance and investigation, it is the court which takes over the matters referred to in Article 87b of this Law.’

Article 44. Jurisdiction.

Adding a article 87 ter in Organic Law 6/1985 of 1 Julyof the Judiciary, with the following wording:

‘1. The Courts for Violence against Women shall, in criminal proceedings, in accordance with the procedures and remedies provided for in the Spanish Criminal Procedure Actof the following cases:

(a) The investigation of criminal liability proceedings for offences under the titles of the Spanish Criminal Code concerning homicide, abortion, injury, injury to the foetus, offences against liberty, offences against moral integrity, against sexual freedom and compensation or any other offence committed with violence or intimidation, provided that they have been committed against anyone who is or has been his wife, or a woman who is or has been linked to the perpetrator for similar relationship of affectivity, even without cohabitation, as well as those committed against the descendants, whether of his own or of the wife or cohabitant, or upon minors or incompetent persons living with him or who are subject to the power, guardianship, guardianship, guardianship, foster or de facto care of the wife or cohabitant, where an act of gender-based violence has also occurred.

(b) The investigation of proceedings for criminal liability for any offence against family rights and duties, where the victim is one of the persons mentioned as such in the preceding paragraph.

(c) The adoption of the corresponding orders for the protection of victims, without prejudice to the powers conferred on the Judge of the Guard.

(d) The knowledge and judgement of the offences contained in Titles I and II Book III of the Penal Codewhere the victim is one of the persons referred to as such in point (a) of this paragraph.

2. Courts of Violence against Women may hear civil cases, in any event in accordance with the procedures and remedies provided for in the Civil Procedure Actof the following matters:

(a) Filiation, maternity and paternity.

(b) Marriage annulment, separation and divorce.

(c) those relating to parent-subsidiary relationships.

(d) Those aimed at the adoption or modification of measures of family importance.

(e) Those dealing exclusively with the custody and custody of minor children or with maintenance claimed by one parent against the other on behalf of minor children.

(f) Those about the need for consent to adoption.

(g) Those whose purpose is to oppose administrative decisions on the protection of minors.

3. Courts of Violence against Women shall have exclusive and exclusive jurisdiction in civil matters when the following requirements are met simultaneously:

(a) In the case of civil proceedings for the purpose of any of the matters referred to in paragraph 2 of this article.

(b) That any party to the civil proceedings is a victim of acts of gender-based violence, as referred to in paragraph 1 (a) of this article.

(c) That any of the parties to the civil proceedings is charged as the perpetrator, inducer or co-operator necessary for the conduct of acts of gender-based violence.

(d) Criminal proceedings have been brought before the Judge for Violence against Women for a crime or misdemeanour resulting from an act of violence against women, or an order for the protection of a victim of gender-based violence has been adopted.

4. If the judge finds that the acts brought to his attention do not constitute an expression of gender-based violence, he may inadmit the claim and refer it to the competent judicial body.

5. In all these cases mediation is prohibited.’

Article 45. Criminal appeals.

A new ordinal 4o is added to Article 82.1 of Organic Law 6/1985 of 1 July 1985of the Judiciary, with the following wording:

“Of the remedies provided by law against criminal decisions handed down by the provincial courts of violence against women. In order to facilitate the knowledge of these resources, and in the light of the number of existing cases, one or more of its sections shall be specialized in accordance with article 98 of the aforementioned Organic Law. This specialisation shall be extended to cases where the Provincial High Court is responsible for the trial in first instance of cases brought by the Provincial Courts for Violence against Women.’

Article 46. Civil remedies.

A new paragraph was added to the article 82.4 of Organic Law 6/1985 of 1 July 1985of the Judiciary, with the following wording:

“The Provincial High Courts shall also hear appeals under the law against decisions handed down in civil matters by the Provincial Courts for Violence against Women. In order to facilitate the knowledge of these resources, and in the light of the number of existing cases, one or more of its sections may be specialised in accordance with Article 98 of the aforementioned Organic Law.’

Article 47. Training.

The Government, the General Council of the Judiciary and the Autonomous Communities, within their respective spheres of competence, shall ensure specific training on gender equality and non-discrimination and gender-based violence in training courses for judges and magistrates, prosecutors, judicial secretaries, security forces and corps and forensic doctors. In any case, previous training courses will introduce the approach to the disability of victims and take into account vicarious violence.

It is amended, with effect from 7 October 2022, by final provision 9.12 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

Article 48. Court jurisdiction.

Paragraph 1 is amended Article 4 of Law 38/1988 of 28 December 1988de Demarcación y Planta Judicial, which is worded as follows:

‘1. The courts of first instance and investigation and the courts of violence against women have jurisdiction within the territory of their respective parties.

Notwithstanding this, and in view of the geographical, location and population circumstances, courts of violence against women may be set up to serve more than one judicial party.’

Article 49. Headquarters of the courts.

The Article 9 of Law 38/1988 of 28 December 1988de Demarcación y Planta Judicial, which is worded as follows:

‘The Courts of First Instance and Instruction and the Courts of Violence against Women are based in the capital of the party.’

Article 50. Courts of Violence against Women.

Article 15 bis is added in the Law 38/1988 of 28 December 1988de Demarcación y Planta Judicial, with the following wording:

‘1. The initial floor of the Courts for Violence against Women shall be as set out in annex XIII to this Law.

2. The implementation of the initial plant and the one that is further developed shall be carried out by Royal Decree in accordance with the provisions of article 20 of this Law and shall be in accordance with the following criteria:

(a) Courts for violence against women may be established in judicial parties where the workload so advises.

(b) In those judicial parties in which, in view of the volume of cases, the development of the judicial plant is not considered necessary, some of the investigating and first instance and investigation courts may be transformed into courts of violence against women.

(c) In addition, when considering, depending on the workload, that it is not necessary to establish a specific judicial body, it shall be determined, if there are several, which courts of inquiry or of first instance and of investigation, to take up knowledge of the issues of violence against women within the meaning of article 1 of the Organic Law on Measures for the Comprehensive Protection against Gender Violence in an exclusive capacity, together with the rest of those within the criminal or civil jurisdiction, depending on the nature of the body in question.

3. Judges shall serve the courts of violence against women which are based in the capital of the province and the other courts which are thus set out in Annex XIII to this Law.’

Article 51. Positions served by magistrates.

Paragraph 2 Article 21 of Law 38/1988 of 28 December 1988, de Demarcación y Planta Judicial will have the following wording:

‘2. The Minister of Justice may provide that the courts of first instance and of preliminary investigation or of first instance and investigation and the courts of violence against women shall be served by judges, provided that they are based in a judicial party of more than 150,000 inhabitants of law or experience de facto increases in the population exceeding that number, and the volume of competent burdens so requires.’

Article 52. Constitution of the Courts.

A new Article 46b is included in the Law 38/1988 of 28 December 1988de Demarcación y Planta Judicial, with the following wording:

‘1. The Government, within the framework of the General Budgets of the State Act, shall, after hearing the General Council of the Judiciary and, where appropriate, the Autonomous Community concerned, proceed in a phased manner and by Royal Decree to the constitution, reconciliation and transformation of examining courts and of first instance and to the investigation for the full effectiveness of the plant of courts of violence against women.

2. As long as the Autonomous Communities do not establish the seat of the Courts for Violence against Women, it shall be deemed to be situated in those populations which are set out in Annex XIII to this Law.’

Article 53. Notification of judgements handed down by courts.

A new paragraph is added in the Section 160 of the Criminal Procedure Actwith the following content:

“Where the investigation of the case has been carried out by a court of violence against women, the sentence shall be sent to the court for immediate testimony, indicating whether or not the case is final.”

Article 54. Specialities in the case of quick trials.

A new one is added Article 797 bis of the Criminal Procedure Act with the following content:

‘1. In the event that the jurisdiction falls to the Court of Violence against Women, the proceedings and decisions referred to in the preceding articles must be carried out and adopted during the hours of the hearing.

2. The judicial police must make the summonses referred to in article 796 before the Court of Violence against Women on the next working day, among those that are established by regulation.

However, if any, the detainee must be placed at the disposal of the Court of Investigation of the Guard, for the sole purpose of regularizing his personal situation, when it is not possible to file with the competent Court of Violence on Women.

3. For the purposes of the above-mentioned summonses, the Judicial Police shall determine the day and time of the appearance in coordination with the Court of Violence against Women. For this purpose, the General Council of the Judiciary, in accordance with article 110 of the Constitution, Organization of the Judiciary Act, issue appropriate regulations to ensure such coordination.’

Drafted in accordance with the bug correction in BOE No. 87, 12 April 2005. Ref. BOE-A-2005-5835

Article 55. Notification of sentences handed down by the Criminal Court.

Paragraph 5 is added in the Section 789 of the Criminal Procedure Actwith the following content:

‘5. Where the investigation of the case has been carried out by a court of violence against women, the sentence shall be sent to the court for immediate testimony. The declaration of finality and the judgment of second instance shall also be sent to him if the judgment itself is revocatory, in whole or in part, of the judgment previously delivered.’

Article 56. Specialities in the case of prompt misdemeanour trials.

A new paragraph 5 is added to the Section 962 of the Criminal Procedure Actwith the following content:

‘5. In the event that the competence to hear cases falls within the jurisdiction of the Court for Violence against Women, the Judicial Police shall make the summonses referred to in this article before the Court on the next working day. For the purposes of the above-mentioned summonses, the Judicial Police shall determine the day and time of the appearance in coordination with the Court of Violence against Women.

For this purpose, the General Council of the Judiciary, in accordance with article 110 of the Constitution, Organization of the Judiciary Act, issue appropriate regulations to ensure such coordination.’

CHAPTER II

Civil procedural rules

Article 57. Loss of objective competence when violence against women occurs.

A new one is added Article 49 bis in Law 1/2000 of 7 Januaryof Civil Procedure, which reads as follows:

‘Article 49a. Loss of competition when violence against women occurs.

1. Where a judge, who is hearing a civil proceeding at first instance, is informed of the commission of an act of violence as defined in article 1 of the Organic Law on Measures for the Comprehensive Protection against Gender Violence, which has led to the initiation of criminal proceedings or an order for protection, after verifying the compatibility of the requirements of paragraph 3 of the Article 87 ter of the Organic Law on the Judiciarymust be restrained by referring the case in the state in which it is found to the competent judge for violence against women, unless the oral trial stage has begun.

2. Where a judge hearing civil proceedings is aware of the possible commission of an act of gender-based violence, which has not led to the initiation of criminal proceedings, or to the issuance of an order for protection, after verifying that the requirements of paragraph 3 of the Article 87 ter of the Organic Law on the Judiciarymust immediately summon the parties to a hearing with the Public Prosecutor within 24 hours so that the Prosecutor may be informed of any relevant information on the facts. After that, the Prosecutor must immediately decide whether to report acts of gender-based violence or to apply for a protection order before the competent court for violence against women within 24 hours. If a complaint is lodged or a protection order is requested, the Prosecutor shall submit a copy of the complaint or application to the Court, which shall continue to hear the case until it is, if necessary, required to be restrained by the competent Judge for Violence against Women.

3. Where a judge on violence against women who is hearing a criminal case for gender-based violence is aware of the existence of a civil proceeding, and checks the compliance with the requirements of paragraph 3 of the Article 87 ter of the Organic Law on the Judiciaryshall require the Civil Court to be restrained, which shall immediately agree to be restrained and to refer the case to the requesting body.

For the purposes of the preceding paragraph, the injunction shall be accompanied by evidence of the initiation of pre-trial proceedings or the trial of misdemeanours, the order for admission of the complaint, or the order for protection adopted.

4. In the cases referred to in paragraphs 1 and 2 of this article, the Civil Court shall refer the cases to the Court of Violence against Women without applying the provisions of Article 48(3) of the Convention. Civil Procedure Actfrom that time on, the parties must appear before that body.

In these cases, the other rules of this section shall not apply, nor shall they be admissible, and the parties who wish to invoke the jurisdiction of the Court of Violence over Women must bear witness to any of the decisions handed down by that Court referred to in the final paragraph of the previous issue.

5. The Courts of Violence against Women shall exercise their powers in civil matters exclusively and exclusively, and in any event in accordance with the procedures and remedies provided for in the Convention. Civil Procedure Act.»

Drafted paragraphs 1, 2 and 3 in accordance with the correction of errors in BOE No. 87, 12 April 2005. Ref. BOE-A-2005-5835

CHAPTER III

Criminal procedural rules

Article 58. Powers in criminal proceedings.

The Article 14 of the Criminal Procedure Actwhich is worded as follows:

«Outside the cases they expressly and limitedly attribute the Constitution and the laws to certain Judges and Courts, shall be competent:

1. For the purpose of hearing and ruling on misdemeanour trials, the investigating judge, unless the jurisdiction of the judge for violence against women falls under the fifth paragraph of this article. However, he shall be aware of the misdemeanour trials described in articles 626, 630, 632 and 633 of the Spanish Criminal Codethe Justice of the Peace of the place where they were committed. They shall also be heard by the Justices of the Peace in cases of misdemeanours described in Article 620.1 and Article 2 of the Constitution. Spanish Criminal Codeexcept where the injured party is one of the persons referred to in article 173.2 of the same Code.

2. For the purposes of the investigation of cases, the investigating judge of the party in which the offence was committed, or the judge on violence against women, or the central investigating judge on offences determined by law.

3. For the purpose of hearing and ruling cases for offences to which the Act prescribes a penalty of imprisonment of not more than five years or a fine of any amount whatsoever, or any other offence of any kind, whether unique, joint or alternative, provided that the duration of such offences does not exceed 10 years, as well as for offences, whether incidental or not, attributable to the perpetrators of such offences or to other persons, where the commission of the offence or their evidence was related to them, the criminal judge of the district where the offence was committed, or the criminal judge of the district of the Court of Violence on Women in his case, or the central criminal judge in the area of his or her own, without prejudice to the competence of the investigating judge of the place of investigation of the place of commission of the offence to issue a sentence of conformity, or the judge of violence on women competent in his or her case, in accordance with the terms set out in article 801.

However, in cases where the criminal judge has jurisdiction, if the offence is one of those attributed to the Jury Court, the judge shall have knowledge and judgement.

4. For the purposes of hearing and ruling on cases in other cases, the Provincial High Court of the district where the offence was committed, or the Provincial High Court of the district of the Court of Violence on Women, if any, or the Criminal Division of the National High Court.

However, in cases where the Provincial High Court has jurisdiction, if the offence is one of those attributed to the Jury Court, the knowledge and judgement shall be the responsibility of the Court.

5. The Courts for Violence against Women shall have jurisdiction in the following matters, in any case in accordance with the procedures and remedies provided for in this Act:

(a) The investigation of criminal liability proceedings for offences under the titles of the Spanish Criminal Code concerning homicide, abortion, injury, injury to the foetus, offences against liberty, offences against moral integrity, against sexual freedom and compensation or any other offence committed with violence or intimidation, provided that they have been committed against anyone who is or has been his wife, or a woman who is or has been linked to the perpetrator for similar relationship of affectivity, even without cohabitation, as well as those committed against the descendants, whether of his own or of the wife or cohabitant, or upon minors or incompetent persons living with him or who are subject to the power, guardianship, guardianship, guardianship, foster or de facto care of the wife or cohabitant, where an act of gender-based violence has also occurred.

(b) The investigation of proceedings for criminal liability for any offence against family rights and duties, where the victim is one of the persons mentioned as such in the preceding paragraph.

(c) The adoption of the corresponding orders for the protection of victims, without prejudice to the powers conferred on the Judge of the Guard.

(d) The knowledge and judgement of the offences contained in Titles I and II Book III of the Penal Codewhere the victim is one of the persons referred to in point (a) of this paragraph.’

Article 59. Territorial jurisdiction.

A new one is added Article 15 bis of the Criminal Procedure Actas follows:

‘In the case of some of the offences or misdemeanours whose investigation or knowledge falls to the Judge for Violence over Women, the territorial jurisdiction shall be determined by the place of the victim's domicile, without prejudice to the adoption of the protection order, or urgent measures under article 13 of this Law which the Judge may take at the place where the acts are committed.’

Article 60. Competition by connection.

A new one is added Article 17 bis of the Criminal Procedure Actas follows:

“The jurisdiction of the Courts for Violence against Women shall extend to the investigation and knowledge of related offences and offences provided that the connection originates in any of the cases provided for in points 3 and 4 of article 17 of this Law.”

CHAPTER IV

Judicial measures for the protection and security of victims

Article 61. General provisions.

1. The protection and security measures provided for in this chapter shall be compatible with any of the precautionary and security measures that may be taken in civil and criminal proceedings.

2. In all proceedings relating to gender-based violence, the competent judge shall in any case decide, on his own initiative or at the request of the victims, children, persons living with or under their care or custody, the Public Prosecutor ' s Office or the administration to which the victim ' s care services or reception depend, on the relevance of the adoption of the precautionary and insurance measures provided for in this chapter, in particular those set out in articles 64, 65 and 66, determining their time frame and compliance regime and, where appropriate, the additional measures required.

Paragraph 2 is amended by final provision 3.2 of Organic Law 8/2015 of 22 July. Ref. BOE-A-2015-8222.

Article 62. From the protection order.

Once the request for the adoption of a protection order has been received, the Judge for Violence against Women and, where appropriate, the Judge for the Guard shall act in accordance with the provisions of the Article 544 ter of the Criminal Procedure Act.

Article 63. From data protection and limitations to advertising.

1. Proceedings and proceedings relating to gender-based violence shall protect the privacy of victims, in particular their personal data, those of their descendants and those of any other person under their custody or custody.

2. The competent judges may, on their own initiative or at the request of a party, agree that the hearings shall be held in camera and that the proceedings shall be reserved.

Article 64. Measures to remove or suspend communications.

1. The judge may order the compulsory departure of the accused for gender-based violence from the home in which the family unit has been living or has its residence, as well as the prohibition to return to it.

2. The judge may exceptionally authorize the protected person to arrange, with a public agency or society where it exists and which includes among its activities that of renting houses, the exchange of the assigned use of the family home of which they are co-owners, for the use of another dwelling, for the time and under the conditions to be determined.

3. The judge may prohibit the accused from approaching the protected person, which prevents him from approaching the protected person in any place where he is, as well as from approaching his home, place of work or any other place frequented by him.

The use of instruments with the appropriate technology to verify their non-compliance immediately may be agreed.

The judge shall fix a minimum distance between the accused and the protected person, which may not be exceeded, on warning of criminal responsibility.

4. The removal measure may be agreed whether the person concerned, or those who are intended to be protected, have previously left the place.

5. The judge may prohibit the accused from communicating with such person or persons as may be indicated, on the warning of criminal responsibility.

6. The measures referred to in the preceding paragraphs may be agreed cumulatively or separately.

Drafted paragraph 2 in accordance with the correction of errors in BOE No. 87, 12 April 2005. Ref. BOE-A-2005-5835

Article 65. Measures to suspend parental authority or custody of minors.

The judge may suspend the exercise of parental authority, custody, foster care, guardianship, guardianship or de facto custody for the accused for gender-based violence in respect of minors dependent on him.

If the judge does not agree to the suspension, he shall in any event decide on the manner in which parental authority shall be exercised and, where appropriate, custody, care, guardianship, wardship or de facto custody of minors. It shall also take the necessary measures to ensure the safety, integrity and recovery of minors and women and shall regularly monitor their progress.

It is amended by final provision 3.3 of Organic Law 8/2015 of 22 July. Ref. BOE-A-2015-8222.

Article 66. The measure suspending the regime of visits, stay, relationship or communication with minors.

The judge shall order the suspension of the regime of visits, stay, relationship or communication of the accused for gender-based violence with respect to minors dependent on him. If, in the best interests of the child, the judge does not agree to the suspension, the judge shall in any event rule on the manner in which the regime of stay, relationship or communication of the accused for gender-based violence shall be exercised in respect of the minors who are dependent on him or her. It will also take the necessary measures to ensure the safety, integrity and recovery of minors and women through specialized care services and will regularly monitor their progress, in coordination with those services.

It is amended, with effect from 7 October 2022, by final provision 9.13 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

It is amended by final provision 3.4 of Organic Law 8/2015 of 22 July. Ref. BOE-A-2015-8222.

Article 67. The measure suspending the right to possess, carry and use weapons.

The judge may agree, in respect of those charged with offences related to violence referred to in this Act, to suspend the right to possess, bear and use weapons, with the obligation to deposit them in accordance with the provisions of the regulations in force.

Article 68. Guarantees for the adoption of measures.

The restrictive measures of rights contained in this chapter shall be adopted by means of a reasoned order appreciating their proportionality and necessity, and in any event with the intervention of the Public Prosecutor's Office and respecting the principles of contradiction, hearing and defence.

Article 69. Maintenance of safety and security measures.

The measures in this chapter may be maintained after the final judgment and during the processing of any appeals. In this case, the judgment must state the continuation of such measures.

CHAPTER V

Prosecutor against Violence against Women

Article 70. Functions of the Prosecutor against Violence against Women.

An Article 18 quater is added to the Law 50/198 of 30 December 1981Regulation of the Organic Statute of the Public Prosecutor's Office, as follows:

‘1. The Attorney-General of the State shall appoint, after hearing the Fiscal Council, as a delegate, a Prosecutor against Violence against Women, with the rank of Chamber Prosecutor, who shall perform the following functions:

(a) To conduct the proceedings referred to in article 5 of the Organic Statute of the Public Prosecutor ' s Office, and to intervene directly in criminal proceedings of particular significance as assessed by the State Prosecutor General concerning offences involving acts of gender-based violence covered by article 87 ter.1 of the Constitution; Organization of the Judiciary Act.

(b) To intervene, by delegation of the Attorney-General of the State, in civil proceedings under article 87 ter.2 of the Constitution; Organization of the Judiciary Act.

(c) To monitor and coordinate the activities of the sections against violence against women, and to collect reports thereon, informing the Chief Prosecutor of the Office of the Procurator-General in which they are integrated.

(d) To coordinate the criteria for the conduct of the various public prosecutors ' offices in the area of gender-based violence, and to that end may propose to the Attorney-General of the State the issuance of the corresponding instructions.

(e) To prepare, on a biannual basis, and submit a report to the State Prosecutor for referral to the Supreme Court Chamber Prosecutors ' Board and the Fiscal Council on the procedures followed and proceedings conducted by the Public Prosecutor ' s Office in the area of gender-based violence.

2. For his proper performance he shall be assigned the professionals and experts necessary to assist him permanently or occasionally.’

Article 71. Sections against violence against women.

The second and third subparagraphs of paragraph 1 are replaced by the following: Article 18 of Law 50/1981 of 30 December 1981by regulating the Organic Statute of the Public Prosecutor by the following text:

“In the Public Prosecutor's Office of the National High Court and in each Prosecutor's Office of the High Courts of Justice and Provincial High Courts, there shall be a Juvenile Section entrusted with the functions and powers assigned to the Public Prosecutor's Office by the Organic Law on the Criminal Responsibility of Minors and another Section on Violence against Women in each Prosecutor's Office of the High Courts of Justice and Provincial High Courts. These Sections shall be assigned to the Prosecutors who belong to their respective staffs, preferably those who, by reason of previous duties, courses or other similar circumstances, have specialized in the matter. However, where the needs of the service so require, they may also act in other fields or subjects.

The Office of the Prosecutor of the High Courts of Justice and the Provincial High Courts may have permanent secondments to be determined by regulation.

The following functions are attributed to the Section against Violence against Women:

(a) To intervene in criminal proceedings for acts constituting offences or misdemeanours whose competence is assigned to the Courts for Violence against Women;

(b) To intervene directly in civil proceedings, the jurisdiction of which is vested in the Courts of Violence against Women.

In the Section Against Violence against Women, a record of the procedures that are still related to these facts must be kept, which will allow the public prosecutor to consult when they are aware of a procedure from which they have jurisdiction, for that purpose in each case.’

Article 72. Delegates of the Department of Public Prosecutions.

Rewording of paragraph 5 Article 22 of Act No. 50/1981 of 30 December 1981Regulation of the Organic Statute of the Public Prosecutor, which is worded as follows:

‘5. In those Prosecutors in which the number of cases in which he or she was aware of the case so advised and whenever appropriate for the organization of the service, following a report by the Fiscal Council, delegates of the Head may be appointed to assume the leadership and coordination functions specifically entrusted to him or her. The organizational staffing table shall determine the maximum number of delegates from the Office of the Chief of Public Prosecutions who may be appointed to each Office of the Prosecutor. In any event, each Prosecutor ' s Office shall have a Head Office delegate who shall assume the functions of direction and coordination, as provided for in this section, in relation to offences related to gender-based violence, crimes against the environment, and prison surveillance, exclusively or in cooperation with other matters.

Such delegates shall be appointed and, where appropriate, relieved by a decision of the Attorney-General of the State, on a reasoned proposal of the respective Chief Prosecutor, after hearing the Board of Public Prosecutions. Where the decision of the Attorney General of the State is inconsistent with the proposal of the respective Chief Prosecutor, it must be reasoned.

In order to cover these positions, prior to the proposal of the relevant Chief Prosecutor, a call will be made between the Prosecutors of the staff. The proposal shall be accompanied by a list of the other Prosecutors who have applied for the post, with the merit claimed.’

Drafted in accordance with the bug correction in BOE No. 87, 12 April 2005. Ref. BOE-A-2005-5835

Additional provision one. Pensions and aids.

1. Anyone convicted, by a final judgement, of committing an intentional crime of murder in any form or injury shall lose the status of beneficiary of the widow ' s pension due to him or her within the public pension system where the victim of such offences is the person who caused the pension, unless, where appropriate, reconciliation between them.

In such cases, the widow's pension which should have been recognised shall increase orphan's pensions, if any, provided that such an increase is provided for in the legislation governing the social security system concerned.

2. A person who was convicted, by a final judgement, of an intentional crime of murder in any form or injury when the offence was committed by his spouse or ex-counsel, or was or had been linked to him by a similar relationship of affection, even without cohabitation, shall in no case be entitled to an orphan ' s pension from which his children could be beneficiaries within the Public Pension System, unless, in his case, he had mediated reconciliation between them.

3. It shall not be regarded as an indirect victim of the aid provided for in the Act No. 35/1995 of 11 December 1995Assistance and Assistance to Victims of Violent Crimes and Sexual Liberty, who was convicted of an intentional crime of murder in any form, when the offence was committed by his spouse or ex-spouse or person with whom he was or had been stablely linked for similar affectiveness, regardless of his sexual orientation, for at least two years prior to death, unless they had had common descent, in which case mere cohabitation will suffice.

Paragraph 1 is amended by additional provision 30 of Law 40/2007 of 4 December. Ref. BOE-A-2007-20910

Second additional provision. Action protocols.

The Government and the Autonomous Communities that have assumed jurisdiction in the field of justice will organize forensic services in the area that each has its own jurisdiction, so that they have comprehensive forensic assessment units responsible for designing protocols for comprehensive and comprehensive action in cases of gender-based violence. These protocols should pay particular attention to vicarious violence.

It is amended, with effect from 7 October 2022, by final provision 9.14 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

Additional provision three. Amendment of the Organic Law regulating the right to education.

One. Points (b) and (g) of article 2 of Organic Law 8/1985 of 3 July 1985the right to education shall be worded as follows:

(b) Training in respect for fundamental rights and freedoms, equality between men and women and in the exercise of tolerance and freedom within the democratic principles of coexistence.

(g) Training for peace, cooperation and solidarity among peoples and for conflict prevention and for the peaceful resolution of conflicts and non-violence in all areas of personal, family and social life.”

Two. Three new letters are added to paragraph 1 of the article 31 of Organic Law 8/1985 of 3 July 1985Regulation on the right to education, which shall read as follows:

'(k) Women's organizations established throughout the territory of the State.

(l) The Women ' s Institute.

(m) Personalities of recognized standing in the struggle to eradicate gender-based violence.”

Three. Paragraph 1 (e) Article 32 of Organic Law 8/1985 of 3 July 1985the right to education shall be worded as follows:

'(e) provisions concerning the development of equal rights and opportunities and the promotion of real and effective equality between men and women in education.'

Four. Paragraph 1 article 33 of Organic Law 8/1985 of 3 July 1985Regulation on the right to education shall read as follows:

‘1. The State School Council shall draw up and publish annually a report on the educational system, where the various aspects of the system, including the possible situation of violence in the educational community, should be collected and assessed. Measures to prevent violence and promote equality between men and women will also be reported by the education authorities.’

Five. A new seventh indent is inserted in paragraph 1 of the article 56 of Organic Law 8/1985 of 3 July 1985the right to education, with the following wording:

“A person, elected by the members of the School Council of the Centre, who promotes educational measures that promote real and effective equality between men and women.”

Six. A new point (m) is added in the article 57 of Organic Law 8/1985 of 3 July 1985the right to education, with the following wording:

"(m) Propose measures and initiatives to promote co-existence at the centre, equality between men and women and the peaceful resolution of conflicts in all areas of personal, family and social life."

Additional provision four. Amendment of the Organic Law on the General Planning of the Educational System.

One. Article 1(1)(b) is amended as follows: Organic Law 1/1990 of 3 October 1990, of the General Planning of the Educational System, which shall be worded as follows:

"(b) Training in respect for fundamental rights and freedoms, equality between men and women and in the exercise of tolerance and freedom within the democratic principles of coexistence."

Two. point (e) is amended and point (l) is added to Article 2(3) of the Organic Law 1/1990 of 3 October 1990General Planning of the Educational System, which shall be worded as follows:

"(e) The promotion of democratic behaviour habits and skills and techniques in conflict prevention and peaceful resolution.

(l) Training for conflict prevention and for the peaceful resolution of conflicts in all areas of personal, family and social life."

Three. Article 34(3) is amended as follows: Organic Law 1/1990 of 3 October 1990, of the general organization of the education system, which shall be worded as follows:

‘3. The teaching methodology of specific vocational training will promote the integration of scientific, technological and organisational content. It will also encourage students to learn for themselves and to work as a team, as well as training in conflict prevention and the peaceful resolution of conflicts in all areas of personal, family and social life."

Additional provision 5. Amendment of the Organic Law on the Quality of Education.

One. A new point (b) is added, with the resultant shift of the current points, and three new points (n), (n) and (o) in Article 1 of the Treaty. Organic Law 10/2002 of 23 December 2002, of Quality of Education, with the following content:

"(b) The removal of obstacles to full equality between men and women.

(n) Training in respect for fundamental rights and freedoms, equality between men and women and in the exercise of tolerance and freedom within the democratic principles of coexistence.

(ñ) Training for conflict prevention and peaceful resolution and non-violence in all areas of family and social personal life.

(o) The development of affective capacities."

Two. Two new points (e) and (f) are added, with the result that the current points are moved, in Article 12(2) of the Treaty. Organic Law 10/2002 of 23 December 2002, of Quality of Education, with the following content:

"(e) To exercise oneself in the prevention of conflicts and in the peaceful resolution of conflicts.

(f) Developing their affective capacities."

Three. Three new points (b), (c) and (d) were added, with the result that the current points were moved, in Article 15(2) of the Treaty. Organic Law 10/2002 of 23 December 2002, of Quality of Education, with the following content:

"(b) To acquire skills in the prevention of conflicts and in the peaceful resolution of conflicts that enable them to develop autonomously in the family and domestic sphere, as well as in the social groups in which they relate.

(c) Understanding and respecting gender equality.

(d) Develop their affective capacities."

Four. Three new points (b), (c) and (d) are added, with the result that the current points are moved from Article 22(2) of the Treaty. Organic Law 10/2002 of 23 December 2002, of Quality of Education, with the following content:

'(b) To know, value and respect the equal opportunities of men and women.

(c) To interact with others without violence, peacefully resolving conflicts.

(d) Develop their affective capacities."

Five. Paragraph 1(f) is amended and a new paragraph 5 is added to Article 23 of the Convention. Organic Law 10/2002 of 23 December 2002, of Quality of Education, which is worded as follows:

'1. (f) Ethics and equality between men and women.'

‘5. The Ethics course will include specific content on equality between men and women."

Six. Two new points (b) and (c) were added, with the result that the current points were moved, in Article 34(2) of the Treaty. Organic Law 10/2002 of 23 December 2002, of Quality of Education, with the following content:

"(b) To consolidate personal, social and moral maturity, enabling them to act responsibly, autonomously and peacefully to anticipate and resolve personal, family and social conflicts.

(c) Promote real and effective equality between men and women and critically analyse and assess inequalities between them."

Seven. A new paragraph 3 is added to Article 40 of the Treaty. Organic Law 10/2002 of 23 December 2002, of Quality of Education, with the following content:

‘3. In order to promote effective equality between men and women, educational administrations shall ensure that all curricula and educational materials recognize the equal value of men and women and are drawn up from non-discriminatory budgets for women. They shall also promote respect for equal rights and obligations."

Eight. Two new points (e) and (f) are added to Article 52(2) of the Treaty. Organic Law 10/2002 of 23 December 2002, of Quality of Education, with the following content:

"(e) Develop skills in the peaceful resolution of conflicts in personal, family and social relationships.

(f) To promote respect for the dignity of individuals and for equality between men and women."

Nine. Article 56(d) is amended as follows: Organic Law 10/2002 of 23 December 2002, of Quality of Education, which is worded as follows:

«(d) The tutorship of the student to direct his learning, convey values and help them, in collaboration with the parents, to overcome their difficulties and peacefully resolve their conflicts.»

Ten. A new point (g) is added, with the result that the current point (g) will be moved to a new point (h) in Article 81(2) of the Treaty. Organic Law 10/2002 of 23 December 2002, of Quality of Education, with the following content:

'(g) A person who promotes educational measures that promote real and effective equality between men and women, resident in the city where the centre is located and elected by the school council of the centre.'

Eleven. Point (k) is amended in Article 82(1) of the Organic Law 10/2002 of 23 December 2002, of Quality of Education, which is worded as follows:

"(k) Propose measures and initiatives to promote co-existence at the centre, equality between men and women and the peaceful resolution of conflicts in all areas of personal, family and social life."

Twelve. A new point (g) is added to Article 105(1) of the Organic Law 10/2002 of 23 December 2002, of Quality of Education, which is worded as follows:

"(g) Ensure compliance with and implementation of educational measures and initiatives aimed at promoting real equality between women and men."

Drafted paragraph 1 in accordance with the correction of errors in BOE No. 87, 12 April 2005. Ref. BOE-A-2005-5835

Additional provision 6. Amendment of the General Advertising Act.

One. Article 3(a) of Regulation (EU) No 1303/2013 is amended as follows: Act No. 34/1988 of 11 November 1988General of Advertising, which shall be worded as follows:

‘It is unlawful:

(a) Publicity that violates the dignity of the person or violates the values and rights recognized in the Constitutionin particular those referred to in Articles 18 and 20(4). The foregoing provision shall be understood to include advertisements presenting to women in an abusive manner, either by using their bodies or parts directly as mere objects decoupled from the product intended to promote, or their image associated with stereotyped behaviours that violate the fundamentals of our system, helping to generate the violence referred to in the Organic Law on Measures of Integral Protection against Gender Violence.’

Two. A new paragraph 1a is added to Article 25 of the Treaty. Act No. 34/1988 of 11 November 1988, Advertising General, containing the following:

‘1a. Where advertising is considered unlawful because it affects the abusive or discriminatory use of the image of women, they may request the advertiser to cease and rectify:

(a) The Government ' s Special Delegation against Violence against Women.

(b) The Women ' s Institute or its equivalent in the autonomous sphere.

(c) Legally constituted associations whose sole purpose is to defend the interests of women and do not include as partners legal persons for profit.

(d) The holders of a legitimate right or interest.’

Three. An additional provision is added to the Act No. 34/1988 of 11 November 1988, Advertising General, containing the following:

‘A cessation action where an advertisement is considered unlawful because it affects the abusive or discriminatory use of the image of a woman shall be exercised in the manner and in the terms provided for in Articles 26 and 29, except in respect of the legitimation of the person and institution referred to in Article 25.1a of this Law, in addition to the Public Prosecutor’s Office.’

Additional provision 7. Amendment of The Workers' Statute Act.

One. A new paragraph 7 is inserted in Article 37 of the Treaty. The Workers' Statute ActConsolidated text adopted by Royal Legislative Decree 1/1995 of 24 March 1995with the following content:

‘7. A worker victim of gender-based violence shall have the right, in order to give effect to her protection or to her right to comprehensive social assistance, to reduce working hours with a proportional reduction in wages or to rearrange working hours, through the adaptation of working hours, the application of flexible working hours or other forms of working time arrangements used in the enterprise.

These rights may be exercised in the terms laid down in the collective agreements or agreements between the company and the workers' representatives, or in accordance with the agreement between the company and the worker concerned. In the absence of such a right, the worker shall be entitled to exercise her rights, and the rules laid down in the preceding paragraph, including those relating to the resolution of discrepancies, shall apply.’

Two. A new paragraph 3a is inserted in Article 40 of the Treaty. The Workers' Statute ActConsolidated text adopted by Royal Legislative Decree 1/1995 of 24 March 1995with the following content:

"3a) A worker who is a victim of gender-based violence and who is forced to leave the job in the locality where she has been providing her services, in order to give effect to her protection or to her right to comprehensive social assistance, shall have a preferential right to another job, of the same professional group or equivalent category, which the company has a vacancy in any other of its workplaces.

In such cases, the undertaking shall be obliged to inform the employee of vacancies that exist at that time or those that might occur in the future.

The transfer or change of workplace shall be of an initial duration of six months, during which the undertaking shall have the obligation to reserve the job previously occupied by the worker.

At the end of this period, the worker may choose between return to her previous job or continuity in the new one. In the latter case, the abovementioned reservation obligation shall lapse.’

Three. A new point (n) is inserted in Article 45(1) of the Treaty. The Workers' Statute ActConsolidated text adopted by Royal Legislative Decree 1/1995 of 24 March 1995with the following content:

'(n) By decision of the worker who is forced to leave her job as a result of being a victim of gender-based violence.'

Four. A new paragraph 6 is inserted in Article 48 of the Treaty. The Workers' Statute ActConsolidated text adopted by Royal Legislative Decree 1/1995 of 24 March 1995with the following content:

‘6. In the case referred to in Article 45(1)(n), the period of suspension shall have an initial duration not exceeding six months, unless it appears from the proceedings for judicial protection that the effectiveness of the victim's right to protection requires continuity of the stay, in this case the judge may extend the stay for periods of three months, with a maximum of eighteen months.'

Five. A new point (m) is inserted in Article 49(1) of the Treaty. The Workers' Statute ActConsolidated text adopted by Royal Legislative Decree 1/1995 of 24 March 1995with the following content:

'(m) By decision of the worker who is forced to leave her job definitively as a result of being a victim of gender-based violence.'

Six. The second subparagraph of Article 52(d) is amended as follows: The Workers' Statute ActConsolidated text adopted by Royal Legislative Decree 1/1995 of 24 March 1995with the following content:

‘Absences due to legal strike for the duration of the strike, the exercise of activities of legal representation of workers, accidents at work, maternity, risk during pregnancy, illnesses caused by pregnancy, childbirth or lactation, leave and leave, illness or non-work accident, where the leave has been agreed by the official health services and has a duration of more than twenty consecutive days, or those motivated by the physical or psychological situation resulting from gender-based violence, accredited by the social care services or health services, as appropriate, shall not be counted as absences of assistance for the purposes of the preceding paragraph.’

Seven. Article 55(5)(b) is amended as follows: The Workers' Statute ActConsolidated text adopted by Royal Legislative Decree 1/1995 of 24 March 1995with the following content:

'(b) that of pregnant workers, from the date of commencement of pregnancy until the beginning of the period of suspension referred to in point (a); that of workers who have applied for one of the permits referred to in Article 37(4) and (5) of this Law, or who are enjoying them, or have applied for the leave provided for in Article 46(3) thereof; and that of women workers who have been victims of gender-based violence for the exercise of the rights to reduce or rearrange their working time, geographical mobility, change of workplace or suspension of employment relationship, under the terms and conditions recognized in this Law.'

Additional provision 8th. Amendment of General Social Security Act.

One. A paragraph 5 is added to Article 124 of the General Social Security ActConsolidated text adopted by Royal Legislative Decree 1/1994 of 20 June 1994with the following content:

‘5. The period of suspension subject to the reservation of the job referred to in Article 48(6) of the Treaty Workers' Statuteit shall be regarded as an effective contribution period for the purposes of the corresponding social security benefits for retirement, permanent incapacity, death or survival, maternity and unemployment."

Two. Paragraph 1.1(e) and Article 208(1.2) of the Convention are amended. General Social Security ActConsolidated text adopted by Royal Legislative Decree 1/1994 of 20 June 1994with the following content:

'1.1.e) By voluntary decision of the worker, in the cases provided for in Articles 40, 41.3, 49.1.m and 50 of the Workers' Statute.

1.2 Where their employment relationship is suspended by virtue of the employment regulation file or court decision taken in the course of a insolvency proceedings or in the case referred to in Article 45 (1) (n) of the Workers' Statute.»

Three. Article 210(2) of the General Social Security ActConsolidated text adopted by Royal Legislative Decree 1/1994 of 20 June 1994with the following content:

‘2. For the purposes of determining the period of paid employment referred to in the preceding paragraph, account shall be taken of all contributions which have not been counted for the recognition of an earlier right, both at the contributory and at the assistance level. However, recognition under the suspension of the employment relationship provided for in Article 45 (1) (n) of the Convention shall not be regarded as an earlier right. Workers' Statute.

Contributions corresponding to the period of payment of the benefit provided by the managing body or, where applicable, the undertaking shall not be counted, except where the benefit is received by virtue of the suspension of the employment relationship provided for in Article 45(1)(n) of Regulation (EEC) No 1408/71. Workers' Statuteas provided for in Article 124.5 of this Law.’

Four. Article 231(2) of the Convention is amended General Social Security ActConsolidated text adopted by Royal Legislative Decree 1/1994 of 20 June 1994with the following content:

‘2. For the purposes provided for in this Title, an activity commitment shall be taken by the applicant or beneficiary of benefits to actively seek employment, to accept appropriate placement and to take part in specific motivational, information, guidance, training, retraining or vocational integration actions to increase their employability, and to fulfil the other obligations provided for in this Article.

For the purposes of implementing the provisions of the preceding paragraph, the competent Public Employment Service shall take into account the status of a victim of gender-based violence, in order to temper, if necessary, the fulfilment of the obligations arising from the undertaking entered into.’

Five. A new additional provision is introduced in the General Social Security ActConsolidated text adopted by Royal Legislative Decree 1/1994 of 20 June 1994with the following content:

‘Additional provision for forty-second. Accreditation of legal unemployment situations.

The legal situation of unemployment provided for in Articles 208.1.1e and 208.1.2 of this Law, when they relate respectively to Articles 49.1m and 45.1n of the Law, The Workers' Statute Actshall be established by written notice from the employer on the termination or temporary suspension of the employment relationship, together with the protection order in favour of the victim or, failing that, together with the report of the Public Prosecutor indicating the existence of indications as to the status of a victim of gender-based violence.’

Drafted paragraph 3 in accordance with the correction of errors in BOE No. 87, 12 April 2005. Ref. BOE-A-2005-5835

Additional provision 9th. Amendment of the Civil Service Reform Measures Act.

One. Paragraph 3 Article 1 of Act 30/1984 of 2 August 1984of Measures for the Reform of the Civil Service, shall be as follows:

‘3. They are regarded as the basis of the statutory regime for civil servants issued under the protection of the Article 149.1.18.a of the Constitutionand therefore applicable to staff of all public administrations, the following provisions: Articles 3.2.e) and (f); 6; 7; 8; 11; 12; 13.2, 3 and 4; 14.4 and 5; 16; 17; 18.1-5; 19.1 and 3; 20.1.a), (b), first subparagraph, (c), (e), (g) in the first to fourth subparagraphs, and (i), 2 and 3; 21; 22.1, with the exception of the last two paragraphs; 23; 24; 25; 26; 29, with the exception of the last subparagraph of paragraphs 5, 6 and 7 thereof; 30.5; 31; 32; 33; third, 2 and 3, fourth, twelfth and fifteenth additional provisions; second, eighth and ninth transitional provisions.’

Two. A new paragraph 3 is added to the Article 17 of Law 30/1984 of 2 August 1984of Measures for the Reform of the Civil Service.

‘3. Within the framework of the agreements signed by the public administrations with the aim of facilitating mobility among their officials, special consideration shall be given to cases of geographical mobility of female civil servants who are victims of gender-based violence."

Three. A point (i) is added to paragraph 1 of Article 20 of Act 30/1984 of 2 August 1984Measures for the Reform of the Civil Service, with the following content:

(i) A female employee who is the victim of violence against women who is forced to leave the job in the locality where she has been providing her services, in order to give effect to her protection or to her right to comprehensive social assistance, shall have a preferential right to occupy another job specific to her Body or Scale and of similar characteristics that is vacant and of need to be provided. In such cases, the competent public administration in each case shall be obliged to inform you of the vacancies of necessary provision located in the same locality or in the localities which the interested party expressly requests.’

Four. A new paragraph 8 is added to the Article 29 of Law 30/1984 of 2 August 1984Measures for the Reform of the Civil Service, with the following content:

‘8. Excessive violence against women officers.

Public officials who are victims of gender-based violence, in order to give effect to their protection or their right to comprehensive social assistance, shall have the right to apply for leave of absence without the need for a minimum period of prior service and without any period of stay being applied. During the first six months they shall be entitled to reserve the place of employment they hold, and that period shall be computable for promotion, triennium and passive rights.

However, where it appears from the proceedings for the protection of the victim that the effectiveness of the right to protection requires it, the period during which, according to the preceding paragraph, the reservation of the job shall be entitled, with the same effect as those referred to in that paragraph, may be extended for a period of three months, with a maximum of eighteen.’

Five. A new paragraph 5 is added to the Article 30 of Law 30/1984 of 2 August 1984of Measures for the Reform of the Civil Service with the following content:

‘5. In cases where female officers who are victims of gender-based violence are therefore absent from their jobs, these total or partial absences of assistance will be considered justified by time and under conditions determined by social care or health services, as appropriate.

Women civil servants who are victims of violence against women, in order to give effect to their protection or their right to comprehensive social assistance, shall be entitled to reduced working hours with a proportional reduction in remuneration, or to reschedule working hours, by adjusting working hours, applying flexible working hours or other forms of working time arrangements which may be applicable, as provided for in these circumstances by the competent public administration in each case.’

Drafted paragraphs 1.3 and 2.3 in accordance with the correction of errors in BOE No. 87, 12 April 2005. Ref. BOE-A-2005-5835

Additional provision 10th. Amendment of Organization of the Judiciary Act.

One. The second paragraph of paragraph 1 is amended article 26 of Organic Law 6/1985 of 1 July 1985of the Judiciary, which is worded as follows:

‘Article 26.

Courts of First Instance and Instruction, Commercial, Violence against Women, Criminal, Administrative, Social, Juvenile and Prison Supervision.’

Two. The heading of Chapter V is amended Title IV of Book I of Organic Law 6/1985 of 1 Julyof the Judiciary, which is worded as follows:

‘Chapter V. The Courts of First Instance and Instruction, the Commercial, the Criminal, the Violence against Women, the Dispute, the Social, the Prison and Juvenile Supervision.’

Three. Paragraph 1 is amended article 87 of Organic Law 6/1985 of 1 July 1985of the Judiciary, which is worded as follows:

‘Article 87.

1. The investigating courts shall, in criminal proceedings:

(a) The investigation of cases involving offences for which the Provincial High Courts and the Criminal Courts are responsible, except for cases falling within the jurisdiction of the Courts for Violence against Women;

(b) It is also for them to render a judgement in accordance with the indictment in cases established by the Act.

(c) The knowledge and judgement of misdemeanour trials, except for those within the competence of the Justices of the Peace, or of the Courts of Violence against Women.

(d) ''habeas corpus'' procedures.

(e) The remedies provided for by law against decisions handed down by the party ' s courts of peace and questions of competence between them.

(f) The adoption of the order for the protection of victims of violence against women when they are acting as guards, provided that it cannot be adopted by the Court for Violence against Women.”

Three bis. A new subparagraph is added to paragraph 2 of the Article 89 bis of the Organic Law on the Judiciarywith the following content:

“In order to facilitate the hearing of cases brought by the Courts of Violence against Women, and in the light of the number of cases in existence, one or more courts shall specialize in each province, in accordance with article 98 of this Law.”

Four. Paragraph 1 is amended article 210 of Organic Law 6/1985 of 1 July 1985of the Judiciary, which is worded as follows:

‘1. The Judges of the First Instance and of Instruction, the Commercial, the Criminal, the Violence against Women, the Dispute, the Minors and the Social are replaced among themselves in the populations where there are several of the same jurisdictional order, in the form agreed by the Governing Chamber of the High Court of Justice, on a proposal of the Board of Judges.’

Five. A new subparagraph is added in paragraph 3 in the Article 211 of Organic Law 6/1985 of 1 July 1985of the Judiciary, which is worded as follows:

‘The Judges on Violence against Women shall be replaced by the Judges of Instruction or of First Instance and Instruction, in accordance with the order established by the Governing Chamber of the respective High Court of Justice.’

11th additional provision. Evaluation of the implementation of the Act.

The Government, in collaboration with the Autonomous Communities, shall, three years after the entry into force of this Organic Law, prepare and submit to the Congress of Deputies a report assessing the impact of its application on the fight against gender-based violence.

Additional provision twelfth. Amendments to Spanish Criminal Procedure Act.

A fourth additional provision is added to the Spanish Criminal Procedure Act with the following content:

‘1. The references made to the examining magistrate and to the judge of first instance in paragraphs 1 and 7 of Article 544 ter of this Law, as drafted by the Law 27/2003 of 31 Julythe order for the protection of victims of domestic violence shall be deemed to have been made, if necessary, to the judge for violence against women.

2. The references made to the Judge of the Guard in Title III of Book IV, and in Articles 962 to 971 of this Law, shall, where appropriate, be construed as references to the Judge of Violence over Women.’

Additional provision thirteenth. Fund allocation.

In order to assist in the implementation of the services provided for in article 19 of this Law, and to ensure interterritorial equity in their implementation, a fund to which the Autonomous Communities may accede will be provided for the two years following the entry into force of this Law, in accordance with the objective criteria to be determined at the respective Sectoral Conference. However, the Autonomous Community of the Basque Country and the Autonomous Community of Navarre will be governed, in these financial aspects, by their special regimes of Economic Concert and Convention.

The Autonomous Communities, in the exercise of their powers, shall, in the year following the adoption of this Law, carry out a diagnosis jointly with the Local Authorities on the impact of gender-based violence in their Community, as well as an assessment of the needs, resources and services required to implement Article 19 of this Law.

The allocation of the Fund shall be made in accordance with the provisions of the respective General Budget Acts of the State.

Fourteenth additional provision. Report on funding.

Without prejudice to the financial liability of the Autonomous Communities, as provided for in the Act No. 21/2001 of 27 December 2001regulating the fiscal and administrative measures of the new system of financing of the Autonomous Communities of the Common System and Cities with Statute of Autonomy, and in accordance with the principle of institutional loyalty in the terms of Article 2.1(e) of Organic Law 8/1980 of 22 September 1980The competent ministries, on the proposal of the relevant inter-territorial bodies, shall prepare reports on the economic impact of the implementation of this Act. These reports will be submitted to the Ministry of Economy and Finance, which will forward them to the Fiscal and Financial Policy Council.

Drafted in accordance with the bug correction in BOE No. 87, 12 April 2005. Ref. BOE-A-2005-5835

Additional provision 15th. Housing agreements.

Through agreements with the competent authorities, the Government will be able to promote specific processes for awarding shelter to victims of gender-based violence.

Additional provision 16th. Coordination of Public Employment Services.

In the development of Law 56/2003 of 16 December, of Employment, will take into account the necessary coordination of the Public Employment Services, in order to facilitate access to the labour market of the victims of gender violence when, due to the exercise of the right of geographical mobility, they are forced to move their home and the same implies change of Autonomous Community.

Additional provision 17th. Schooling.

The educational authorities shall take the necessary measures to ensure the immediate schooling of children in the event of a change of residence motivated by violence against women.

Eighteenth additional provision. Courts of Violence against Women.

Annex XIII is added to the Law 38/1988 of 28 December 1988the Demarcation and Judicial Plant, the text of which is annexed to this Organic Law.

Nineteenth additional provision. Maintenance guarantee fund.

In the context of protection against economic violence as provided for in this Act, the State shall ensure the payment of recognized and unpaid maintenance for children under age in a legally approved agreement or in a judicial decision, through specific legislation that will specify the system of coverage in such cases and that, in any case, it will take into account the circumstances of victims of gender-based violence.

In order to strengthen measures to support victims of economic violence, the Government will amend the current regulation of the Pension Guarantee Fund to improve its accessibility, efficiency and financial endowment, by amending Royal Decree 1618/ 2007, of 7 December, on the organization and operation of the Food Guarantee Fund.

It is amended, with effect from 7 October 2022, by final provision 9.16 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

Additional provision 20th. Change of surname.

The Article 58 of the Civil Registration Actof 8 June 1957, read as follows:

‘2. Where exceptional circumstances exist, and despite the absence of the requirements set out in that article, the change may be granted by Royal Decree on a proposal from the Ministry of Justice, with a hearing by the Council of State. If the applicant for the authorisation to change his surnames is subject to gender-based violence and in any other case where the urgency of the situation so requires, the change may be granted by order of the Ministry of Justice, in accordance with the terms laid down in the Regulation.’

Additional provision twenty-first. Macro-survey of violence against women.

The Government Delegation against Gender Violence will conduct and publish the results of the Macro-Voice against Women Survey provided for in article 29 of this law at a minimum three-year intervals.

It is added, with effect from 7 October 2022, by final provision 9.15 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

Drafted in accordance with the bug correction published in BOE No. 239 of 5 October 2022. Ref. BOE-A-2022-16189

Text added, published on 07/09/2022, in force from 07/10/2022.

Transitional provision 1st. Implementation of measures.

Civil or criminal proceedings relating to gender-based violence pending the entry into force of this Act shall continue to be the responsibility of the bodies which have been seized of them until their conclusion by final judgement.

Transitional provision 2nd. Transitional law.

In the proceedings concerning facts covered by this Law which are being processed upon their entry into force, the courts or tribunals which are hearing them may adopt the measures provided for in Chapter IV of Title V.

Single derogation provision.

All regulations of equal or lower rank are repealed and are opposed to the provisions of this Act.

Final provision one. Policy references.

All references and references contained in criminal procedural laws to investigating judges must also be understood as referring to judges on violence against women in matters within their competence.

Final provision two. Competential empowerment.

This Act is governed by the provisions of article 149.1, 1a, 5a, 6a, 7a, 8a, 17a, 18a and 30a of the Constitution. the Spanish Constitution.

Final provision three. Nature of this Law.

This Act is of the nature of an Organic Law, except for the following provisions: Title I, Title II, Title III, Articles 42, 43, 44, 45, 46, 47, 70, 71, 72, as well as the first, second, sixth, seventh, eighth, ninth, eleventh, thirteenth, fifteenth, sixteenth, seventeenth, eighteenth, nineteenth and twentieth additional provisions, the second transitional provision and the fourth, fifth and sixth final provisions.

Final provision four. Regulatory empowerment.

1. The Government is empowered to issue, within six months of the publication of this Act in the Official State Gazette, such provisions as may be necessary for its implementation.

The Ministry of Justice shall take the necessary measures within that period to establish the courts for violence against women and to bring the structure of the Public Prosecutor's Office into line with the provisions of this Act.

2. Within six months of the entry into force of this Organic Law, the General Council of the Judiciary shall issue the necessary regulations for the ordering of the reports, the adaptation of the guard services to the existence of the new courts for violence against women, and the coordination of the judicial police with the aforementioned courts.

Final provision five. Regulatory amendments.

The Government shall amend the Act within six months of its adoption. Article 116(4) of Royal Decree 190/1996 of 9 February 1996approving the Prison Regulations, making it compulsory for the Prison Administration to carry out the specific treatment programmes for inmates referred to in this Act. Within the same time limit, the Royal Decree 738/1997 of 23 May 1997adopting the Regulation on aid to victims of violent crimes and sexual freedom, and Royal Decree 996/2003 of 25 July 2003adopting the Regulation on free legal aid.

Within the period referred to in the preceding paragraph, the State and the Autonomous Communities shall, within the scope of their respective powers, adapt their regulations to the provisions of this Law.

Drafted in accordance with the bug correction in BOE No. 87, 12 April 2005. Ref. BOE-A-2005-5835

Final provision six. Amendment of Act 1/1996 of 10 January 1996Free Legal Aid.

Paragraph 5 is amended Article 3 of Law 1/1996 of 10 January 1996Free Assistance, which shall read as follows:

‘5. Nor will it be necessary for victims of gender-based violence to prove that they have no recourse when applying for specialized free legal defence, which will be provided immediately, without prejudice to the fact that if they are not subsequently recognized as entitled to it, they must pay the lawyer the fees earned by their intervention.’

Final provision seven. Entry into force.

This Organic Law shall enter into force on the 30th day following its publication in the Official Gazette of the State, except as provided for in Titles IV and V, which shall enter into force six months after the date of its publication.

Therefore,

I command all Spaniards, private individuals and authorities to keep and enforce this organic law.

Madrid, 28 December 2004.

JUAN CARLOS R.

The President of the Government,

JOSÉ LUIS RODRIGUEZ ZAPATERO

ANNEX

‘ANNEX XIII

Courts of Violence against Women

Written according to the bug correction published in BOE No. 87 of 12 April 2005. Ref. BOE-A-2005-5835