Spain
13.11.02
Urgent Interventions
Press Release - Spain: OMCT expresses its concern about violence against women in Spain at the 29th Session of the UN Committee Against Torture
PRESS RELEASE
The World Organisation Against Torture (OMCT) expresses its concern regarding violence against women in Spain at the Twenty-Ninth Session of the United Nations Committee Against Torture
Geneva, 13 November 2002
The UN Committee Against Torture will today continue its examination of the implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by Spain. In its alternative country report entitled "Violence against Women in Spain", which has been submitted to the Committee, the World Organisation Against Torture (OMCT) expresses its grave concern at the widespread violence against women in the private and community spheres.
Although the Spanish Constitution provides for equality between women and men, and Spain has signed several international treaties guaranteeing equality between the sexes, the reality for women in Spain is far from the ideal of equality.
OMCT is deeply concerned by the prevalence of domestic violence in Spain. There is no comprehensive legislation in Spain concerning domestic violence and the existing protective mechanisms, remedies and support services available to victims of this violence are inadequate. Where judicial protection is available to the victim, judges often resist granting the protection because they consider the measures restrictions on freedom of movement (preventing the aggressor from approaching the victim, etc.) or the orders are not complied with by the aggressor. OMCT encourages the Spanish government to draft additional, comprehensive legislation for the prevention and eradication of domestic violence. These measures should be based on the guidelines proposed by the Special Rapporteur on Violence Against Women (U.N. doc. E/CN/.4/1996/53, Add.2) and should include the development of quasi-judicial remedies such as restraining and protective orders as well as the allocation of increased resources for the housing and reintegration of women who have been victims of domestic violence.
OMCT also observes with regret that Spain is both a destination and transit country for trafficked women. Although the Spanish government has taken some steps to combat trafficking in women, there are inadequate services available to victims of this form of violence who are often arrested and deported for their illegal entry into the country. While the government sometimes grants special temporary residency permits to victims of trafficking in order to enable them to remain in the country for the duration of proceedings against their traffickers, these permits are contingent upon the willingness of the victim to cooperate in the investigation or to serve as a witness. OMCT recommends that the government adopt comprehensive anti-trafficking legislation that enshrines the rights of trafficking victims to appropriate protection and assistance. These rights should not be made contingent upon the willingness of the victim to lodge a complaint or to participate as a witness in proceedings against traffickers.
Furthermore, OMCT is troubled by the treatment of Roma women in Spain. These women suffer from discrimination on several levels as members of the Roma minority and as women generally. Reports indicate that Roma women are disproportionately monitored and arrested by the police in Spain. Moreover, 85 percent of Roma women charged with a criminal offence are held in preventative detention, generally an exceptional measure in Spain.
OMCT is equally concerned by violence against women in Spain at the hands of state agents, especially with respect to cases arising out of the frequent problems in the Basque region. There have been several reports by women claiming torture and ill treatment while in detention. Specifically, women have claimed that while in detention, they were forced to undress, their breasts and genitals were touched, they were threatened with rape, and in one instance, the woman was forced to touch the genitalia of the police officers interrogating her. This sexual violence perpetrated by state agents is a blatant violation of Spain’s international commitments to prevent torture and ill treatment in prisons and other detention facilities.
Overall, OMCT’s report concludes that while Spain has a duty under international law to act with due diligence to prevent, investigate, prosecute and punish all forms of violence against women, irrespective of whether this violence is committed by public or private individuals, this obligation has not been adequately implemented at the national level.
For copies of the alternative report on violence against women in Spain or for further information on OMCT’s programme on Violence against Women please contact Lucinda O’Hanlon on + 41 22 809 4939 or loh@omct.org.
The World Organisation Against Torture (OMCT) expresses its concern regarding violence against women in Spain at the Twenty-Ninth Session of the United Nations Committee Against Torture
Geneva, 13 November 2002
The UN Committee Against Torture will today continue its examination of the implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by Spain. In its alternative country report entitled "Violence against Women in Spain", which has been submitted to the Committee, the World Organisation Against Torture (OMCT) expresses its grave concern at the widespread violence against women in the private and community spheres.
Although the Spanish Constitution provides for equality between women and men, and Spain has signed several international treaties guaranteeing equality between the sexes, the reality for women in Spain is far from the ideal of equality.
OMCT is deeply concerned by the prevalence of domestic violence in Spain. There is no comprehensive legislation in Spain concerning domestic violence and the existing protective mechanisms, remedies and support services available to victims of this violence are inadequate. Where judicial protection is available to the victim, judges often resist granting the protection because they consider the measures restrictions on freedom of movement (preventing the aggressor from approaching the victim, etc.) or the orders are not complied with by the aggressor. OMCT encourages the Spanish government to draft additional, comprehensive legislation for the prevention and eradication of domestic violence. These measures should be based on the guidelines proposed by the Special Rapporteur on Violence Against Women (U.N. doc. E/CN/.4/1996/53, Add.2) and should include the development of quasi-judicial remedies such as restraining and protective orders as well as the allocation of increased resources for the housing and reintegration of women who have been victims of domestic violence.
OMCT also observes with regret that Spain is both a destination and transit country for trafficked women. Although the Spanish government has taken some steps to combat trafficking in women, there are inadequate services available to victims of this form of violence who are often arrested and deported for their illegal entry into the country. While the government sometimes grants special temporary residency permits to victims of trafficking in order to enable them to remain in the country for the duration of proceedings against their traffickers, these permits are contingent upon the willingness of the victim to cooperate in the investigation or to serve as a witness. OMCT recommends that the government adopt comprehensive anti-trafficking legislation that enshrines the rights of trafficking victims to appropriate protection and assistance. These rights should not be made contingent upon the willingness of the victim to lodge a complaint or to participate as a witness in proceedings against traffickers.
Furthermore, OMCT is troubled by the treatment of Roma women in Spain. These women suffer from discrimination on several levels as members of the Roma minority and as women generally. Reports indicate that Roma women are disproportionately monitored and arrested by the police in Spain. Moreover, 85 percent of Roma women charged with a criminal offence are held in preventative detention, generally an exceptional measure in Spain.
OMCT is equally concerned by violence against women in Spain at the hands of state agents, especially with respect to cases arising out of the frequent problems in the Basque region. There have been several reports by women claiming torture and ill treatment while in detention. Specifically, women have claimed that while in detention, they were forced to undress, their breasts and genitals were touched, they were threatened with rape, and in one instance, the woman was forced to touch the genitalia of the police officers interrogating her. This sexual violence perpetrated by state agents is a blatant violation of Spain’s international commitments to prevent torture and ill treatment in prisons and other detention facilities.
Overall, OMCT’s report concludes that while Spain has a duty under international law to act with due diligence to prevent, investigate, prosecute and punish all forms of violence against women, irrespective of whether this violence is committed by public or private individuals, this obligation has not been adequately implemented at the national level.
For copies of the alternative report on violence against women in Spain or for further information on OMCT’s programme on Violence against Women please contact Lucinda O’Hanlon on + 41 22 809 4939 or loh@omct.org.