Committee on Elimination of

Discrimination against Women

Chamber A, 888^th & 889^th Meetings (AM & PM)

AS WOMEN’S ANTI-DISCRIMINATION COMMITTEE BEGINS REVIEW OF COUNTRY REPORTS, SPAIN

BOASTS SWEEPING LEGISLATIVE CHANGES, FACING PROBLEMS ‘WITHOUT EMBARRASSMENT’

Spain had made sweeping moves to empower and legally protect women since Prime Minister Jose Luis Zapatero took office in 2004, including enactment of laws to erase gender inequality and gender-based violence, as well as action plans to help the country’s most socially and economically vulnerable women gain access to health care, education, employment and housing, Spain’s first ever Minister of Equality, Bibiana Aido Almagro, said this afternoon.

“We are aware that violations of women’s rights will not disappear just because we do not talk about them, so we have chosen to make our problems fully visible and to face them without embarrassment,” Ms. Aido said.

Presenting her country’s sixth periodic report to the Committee on the Elimination of Discrimination against Women, Ms. Aido, who headed the 12-member Spanish delegation, said her Government wanted to build a fair and sustainable society.  That required putting equality policies into practice.

The 2007 Law of Effective Equality between Women and Men introduced into the legal framework basic concepts for gender mainstreaming, combating gender discrimination and harassment, as well as legal consequences of discriminatory behaviour such as the right to effective reparation and compensation, and legal processes, she said.  It also created administrative bodies to develop equality policies and had resulted in amendments to 27 other laws concerning such issues as employment, social security, health, education, asylum and the armed forces to reflect a gender perspective. 

The 2004 Law for Integrated Protection Measures against Gender Violence provided a legal response to the most brutal proof of inequality between the sexes, she said, stressing that violence against women was still an intolerable reality, regardless of a society’s economic development.  “The fact that this was the very first law passed by the Council of Ministers [since Mr. Zapatero took office] showed not only the Government’s concern for the problem, but also that for the first time gender violence would be considered as a problem of public interest, that it had stopped being a personal or private matter and had passed to the top of our country’s political agenda,” she said.

She said the Law aimed to prevent violence and assist victims, while introducing such innovative steps as specialized courts to address violence perpetrated by men, a system of electronic devices to monitor aggressors and a Royal Decree to set up employment programmes to help victims of violence re-enter the professional world.  Since its passage, financial and technical resources to help abused women had expanded, as had the number of abuse claims filed, while the number of murdered women had dropped.  Still, much more must be done.  During its upcoming European Union presidency, Spain would lobby for common indicators and strategies throughout Europe to combat violence against women.

While lauding those steps, experts of the Committee -– which monitors States parties’ compliance with the Convention on the Elimination of All Forms of Discrimination against Women -– took issue with the limited rights and opportunities for Roma and migrant women in Spain and statistics on them, gender stereotyping in the media, and the low percentage of women in business boardrooms, just over 8 per cent at present.  Some experts expressed concern over the country’s status as a transit nation for women trafficked for sexual exploitation, and asked if women victims of trafficking –- overwhelmingly foreign women from Latin America, Eastern and Central Europe, and Africa -- were in fact receiving the protection and assistance they needed.

Responding to those concerns, delegates said the Government’s anti-trafficking project had 62 specific programmes and a 44 million euro budget for 2009 to combat mafias, protect victims, assist them free of charge in their own language and raise social consciousness about the problem.  The Government was also gathering statistics on the matter to better understand its scope.  It had many measures to assist Roma women, among them free legal counsel, integration programmes that taught Roma women good practices for health care, sanitation, food and nutrition, and strategies to positively reinforce Roma images in school and encourage Roma children to attend extra curricular activities. 

The Committee will meet again in Chamber A at 10 a.m., on Thursday, 23 July to consider Bhutan’s seventh periodic report.

Background

The Committee on the Elimination of Discrimination against Women (CEDAW) met today to consider the sixth periodic report of Spain (document CEDAW/C/ESP/6.)

The Spanish delegation was headed by Bibiana Aido Almagro, Minister of Equality.  It also included, from the Ministry of Equality:  Isabel Martínez, Secretary General for Equality Policy; Fernando Fernández Arias, Chief, International Relations Section; Cecilia Payno, International Relations Section; Virginia Sánchez, Press Officer; and Miguel Lorente, Government Representative for Violence against Women; as well as María Jesús Alonso, Ambassador at Large for Gender Issues, Ministry of Foreign Affairs; Jesús Casas, General Director, Ministry of Environment, Rural Issues and the Sea; Rosario Ruiz, Ministry of Justice; Dolores Linares, Adviser, Ministry of Health; Maria del Puy, Secretary of State, Ministry of Interior; and Elisa de Santos, Counsellor, Embassy of Spain in Washington, D.C.

Introduction of Report

Presenting the report to the Committee, which monitors States parties’ compliance with the Convention on the Elimination of All Forms of Discrimination against Women, Ms. AIDO said she was Spain’s first Minister of Equality.  The Ministry’s creation last year had been a principal milestone in the political process launched in 2004 that had made equality a primary political activity of the Government.  The Ministry had been created in accordance with recommendations made in the Beijing Platform for Action and by the committee to implement gender equality policies and mainstream gender into all Government activity.

In the past five years, Spain had enacted innovative gender-related legislation, created concrete gender policies and specific action plans, and mainstreamed gender issues into Government activities at home and abroad, she said.  During the previous parliamentary session, lawmakers had passed laws on same-sex marriage, gender violence and effective equality between men and women.  During the current parliamentary session, lawmakers would consider a draft law on equality of treatment and non-discrimination, on which her Ministry was working.

Ms. Aido expressed her pride in being part of the first Government with sexual parity in Spain’s history; it had more female than male ministers.  Spain’s two Vice Presidents -- one focused on politics, the other on the economy and finance -- were women, as were Spain’s Defence Minister and President of the Constitutional Court.  That parity had not just translated into more women in politics, but also a change in the political priorities.  Spain had significantly advanced women’s political participation.  In all State institutions, the National Parliament, the Autonomous Regions’ Legislative Assemblies and local government, women’s presence was approaching balanced representation, established by the Law of Effective Equality, which stated that neither sex should have less than 40 per cent or more than 60 per cent representation.  Since passage of that law, 2,000 women counsellors had joined local government.  Women’s representation in business boardrooms, however, had risen at a slower pace, from 3 per cent in 2005 to more than 8 per cent at present.

When the Zapatero Administration had assumed office in 2004, the first draft law presented to Spain’s Parliament had been the Law for Integrated Protection Measures against Gender Violence, providing a legal response to the most brutal proof of inequality between the sexes, she said.  Violence against women remained an intolerable reality despite society’s economic development. 

“The fact that this was the very first law passed by the Council of Ministers showed not only the Government’s concern for the problem, but also that for the first time gender violence would be considered as a problem of public interest, that it had stopped being a personal or private matter and had passed to the top of our country’s political agenda,” she said.

That law aimed to prevent, protect and adequately assist all victims, punish aggressors, and eradicate gender violence, she said.  It introduced innovative measures such as an integrated judicial approach, which included, among other elements, the creation of specialized courts to address violence perpetrated by men.  The law was complex and put responsibility on all national, regional and local administrations and on society at large to become involved.

Since the law took effect, the General State Administration had invested more than 1 billion euros on measures to combat violence perpetrated by men, among them, a system of electronic devices to monitor aggressors, she said.  The Government recently passed a Royal Decree to create specific employment programmes for victims of violence to help them re-enter the professional world.  Greater efforts were needed to train professionals, especially judges, who dealt with women victims, and to create greater social awareness and involvement.

The 2007 Law of Effective Equality between Women and Men, which built on the Law against Gender Equality, sought to achieve genuine equality between men and women, combat direct and indirect sexual discrimination, and remove obstacles and social stereotypes that stood in their way, she said.  The law was multidimensional and had led to the modification of 27 other laws, among them, the electoral law, the worker’s statute and other laws concerning employment, social security, health, education, asylum, the armed forces and State security forces.  Other legislation, such as the penal and tax laws, would also be reformed to reflect a gender perspective. 

The Law of Effective Equality introduced basic concepts into the legal framework, such as the principle of mainstreaming, direct and indirect discrimination, sexual harassment, and gender-based harassment, she said.  And it established legal consequences of discriminatory behaviour, the right to effective reparation and compensation, and the ability to intervene in legal processes in cases where the principle of equality had been contravened.  Further, the Law created new administrative structures for developing equality policies, such as the Delegate Commission for Equality Policies and the Inter-ministerial Commission for Equality, which coordinated the Strategic Plan for Equality of Opportunities.  All ministerial departments had Equality Units, and there were gender-impact reports on all new laws, decrees and Government plans.

For the first time, the State budget this year included a gender impact assessment report, she said.  The Sectorial Conference of Equality met regularly to coordinate the work of the Autonomous Regional Governments, many of which had passed their own equality laws.  The Council for Women’s Participation worked with women’s organizations and non-governmental organizations.  In March 2010, Parliament would review the Law of Effective Equality, which recognized the right to social protection and the responsibility of companies to negotiate equality plans to end gender-based workplace discrimination.  To enforce those rights, the Work and Social Security Inspectorate, in cooperation with the Autonomous Regional Governments, had launched a 2008-2011 action plan to monitor equality between men and women in business. 

Fifty per cent of Spain’s female population was now economically active, she said, and efforts would continue to boost that figure to 60 per cent, as established by the Lisbon Strategy for all European Union countries.  Since inception of the Law of Effective Equality, 80 per cent of fathers had taken advantage of the two-week paternity leave, which would be extended to one month in 2011.  Spanish legislators were working on a draft law concerning sexual and reproductive health and voluntary termination of pregnancy, which aimed to bolster legal guarantees for women who chose to terminate their pregnancies, and the professionals who cared for them.  It also aimed to reduce the number of unwanted pregnancies and abortions, which had increased in the past decade.  Lawmakers were also planning to draft a national strategy on sexual and reproductive health, which promoted sex education and greater access to contraception.

She said that the draft Law of Equality of Treatment and Non-Discrimination sought to eliminate all forms of discrimination on the grounds of race, religion, age, disability or sexual orientation.  It would include a gender perspective and it would define “multiple discrimination”.  Laws in themselves, however, were not enough.  Spain had enacted various action plans as well, including on human rights; equality of opportunities, which focused on women’s empowerment and gender mainstreaming; and on combating trafficking in human beings for sexual exploitation, which focused on awareness, prevention, education and training, victims’ assistance and protection, and legal and procedural measures.   

Spain had also ratified the 2005 Council of Europe Convention on Action against Trafficking in Human Beings, she said.  It would provide women victims of trafficking free legal aid in their own language, housing, social assistance and a monetary allowance for 30 days.  The federal Government, in coordination with the Autonomous Regional Governments, was working to develop suitable protocols and build social awareness of the issue, including through prevention measures in the countries of origin of the female victims.  To assist immigrant women and other socially and economically vulnerable women, the Council of Ministers had passed such measures as the Plan to Favour Equality between Men and Women in the Rural Environment, and action plans for women with disabilities, migrant and immigrant women victims of gender violence, and Roma women, with a particular focus on access to health, education, employment and housing.

Spain was deeply committed to the Millennium Development Goals as a way to improve the lot of women worldwide and to create a fairer, more equal world, she said.  Spain had made a clear commitment to international cooperation and development.  Its official development assistance (ODA) had risen to 126 million euros.  The 2009-2012 Spanish Master Plan for Cooperation had committed to earmark 9 per cent of ODA for gender concerns and 6 per cent for health, with a particular emphasis on sexual health and reproductive policies.  Spain had also developed an action plan to implement United Nations Security Council resolution 1325 (2000) on women, peace and security, and it had incorporated the subsequent Council resolution 1820 (2008). 

Spain had significantly increased voluntary contributions to various funds and programmes dedicated to equality and women’s empowerment, she said.  For example, last year it had created a multi-donor fund through the United Nations Development Fund for Women (UNIFEM) to promote and finance gender-equality policies in countries in development, with an initial contribution of 50 million euros.  During its term as President of the European Union during the first half of 2010, Spain intended to make equality a main goal of its work programme.

In closing, she said that “We are aware that violations of women’s rights will not disappear just because we do not talk about them, so we have chosen to make our problems fully visible and to face them without embarrassment”.  The Spanish Government wanted to build a fair and sustainable society.  That required putting equality policies into practice.

Experts’ Comments and Questions

CORNELIS FLINTERMAN, expert from the Netherlands, lauded Spain’s creation of the Ministry of Equality and passage of the Organic Law 3/2007 on Effective Equality for Men and Women.  Was there a timeframe to withdraw legislation governing succession to the Spanish Crown and thereby set an example for other States parties?  For that reason, were the earlier rules on titles of mobility considered discriminatory?  How did the federal Government in Madrid ensure full implementation of the Convention nationwide?  What measures could the Government take if a specific autonomous region was falling behind? 

MAGALYS AROCHA DOMINGUEZ, expert from Cuba, asked about the number of complaints the Women’s Institute had processed regarding discrimination.  How was the effort to eliminate discrimination against young women coordinated among the relevant ministries?  Since the 2007 Organic Law on Effective Equality was quite recent, why was Spain drafting a new law on equality of treatment and non-discrimination?  The country report stated that public statistics must include gender variables, but there was a visible lack of some indicators on rural women, gypsy women, immigrant women and women with disabilities.  She asked the delegation to elaborate on statistics in that regard and programmes to help those women.

VICTORIA POPESCU, expert from Romania, asked if the Law on Effective Equality was national in scope.  Did it apply to the autonomous regions?  What happened in those regions that had not adopted their own equality policies?  Did the various Government ministries dealing with gender issues reach out at the local level, and how were they coordinated to ensure a cohesive approach?  Was there a coordinating and monitoring mechanism for the Strategic Plan for Equality of Opportunities, and what penalties existed for non-compliance with the plan?  Referring to paragraph 1 of the Convention’s article 4, she asked for concrete examples of temporary special measures for Roma and migrant women, and women with disabilities.

Country Response

Ms. AIDO said that according to the Spanish Constitution, consent from parliament and society was needed to change the rules governing succession to the Spanish Crown.  At present, there was no consensus to take on the necessary constitutional reform. 

Another delegate said the first law on titles of nobility clearly established that men and women had the same rights of succession and that gender could not be used as grounds for discrimination.  The second law dealt with issues of Royal Decree concerning excluding women from titles of nobility.  It had in fact been applied retroactively, effective 27 July 2005.

Concerning gender legislation in autonomous regions, another delegate said that the regions had similar rules concerning such areas as education and public policy.  The Law on Effective Equality imposed responsibilities on national, regional and local Governments.  Autonomous communities could draw up their own equality laws, and some had done so.  The autonomous community of Andalusia had also reformed its electoral law, which was slightly different from the federal electoral law. 

In terms of articles of the Convention being incorporated into Spanish law, another delegate said the sentence 12/2008 of the Constitutional Court aimed to equally balance the number of women and men holding constitutional law posts.  Sentence 59/2008 of the Constitutional Court referred to article 153/1 of the Criminal Court, which established harsher penal sanctions for men than for women who were found guilty of assault or domestic violence.  The Constitutional Court found that men’s conduct tended to be harsher than women’s, thus the longer sentences for men. 

Regarding the need for a new equal treatment law, Ms. Aido said her Ministry was working on that legislation and it was conducting a comparative law study.  The aim was to standardize the level of protection for all forms of discrimination nationwide. 

Concerning the Women’s Institute, another delegate said it was competent to lend free legal assistance to women on such issues as divorce and discrimination in the workplace.  Periodically, statistics were published, most recently on legal assistance.  They would be included in the periodic report to be drafted in March.  The Ministry of Equality was working with the diverse range of women’s associations in Spain to achieve women’s empowerment and equal rights.

Experts’ Comments and Questions

YOKO HAYASHI, expert from Japan, asked how Spain combated stereotypes in the media and society, particularly concerning Roma women.  What was the role of the Advisory Commission?  Could a woman bring a claim to anyone or any mechanism if she suffered from sexism in the media? 

FERDOUS ARA BEGUM, expert from Bangladesh, commended Spain for laws and access to justice concerning violence against women.  But violence against women, particularly migrant, foreign and Roma women had not decreased.  She asked for statistics on women killed by their husbands, which were lacking in the report, and on the studies undertaken by the Women’s Institute on gender-based violence.  Were there shelters for women in rural areas and were their services free?  How were elderly women protected from violence, abuse and neglect, particularly since illiteracy exacerbated their difficult circumstances?

SILVIA PIMENTEL, expert from Brazil, asked why women were still dying from gender-based violence, when Spain had adopted effective laws and sanctions against violence.  The patriarchal and chauvinist mentality of men was still prevalent.  Was there a specific strategy to change men’s mentalities? 

SAISUREE CHUTIKUL, expert from Thailand, said the country report stated that in 2006, there had been 546 complaints concerning sexist advertisements in the media.  How many complaints had there been in 2007, 2008 and thus far in 2009?  What action had been taken by the Government to address those complaints?  She asked for examples of criteria used to detect sexist ads.  Did the term “sexist” cover all forms of discrimination against women?  Did it cover the discriminatory display of women and other vulnerable groups in advertisements?  The country report stated that advertisers had approved the “action guide” to end discrimination.  Did that include their code of conduct? 

Were prostitution and trafficking addressed in separate laws or together in one law, and were both considered crimes?  Did the definition of trafficking concern prostitution and not other areas?  Were prostitutes and victims of trafficking housed in the same shelters?   Did the shelters serve as a one-stop shop for comprehensive service?  Did police treating women victims receive suitable training in the area of psychological counselling?  How did the Government address the demand side of trafficking and prostitution?  The country report stated that most prostitutes and victims of trafficking were foreigners.  What were their countries of origin?

On prevention, protection and punishment of trafficking in human beings, Committee Chairperson, NAELA MOHAMED GABR, expert from Egypt, asked for more details on sanctions against perpetrators.  As a transit country for human trafficking, she asked for more details on shelters for victims of violence and training for those who brought perpetrators to justice. 

Country Response

Ms. AIDO said Spain had made much headway in breaking down stereotypes in a short period of time.  It had more female than male ministers.  The Government was committed to further advancing that process.  Many instruments were now in place to eliminate gender stereotypes, including in the media.  She was well aware that following the adoption of the Law against Gender Violence, it had been essential to make the public aware of it.  The Government and the media had an important role in that regard.  All professionals working with abused women agreed that there was a “before” the law and “after” the law phase.  Following the law’s adoption, there were more resources to assist abused women.  The number of claims being filed had increased and the number of murdered women had dropped.  Still, much more must be done.  Society at large and family and friends must remain alert to violent situations and potentially violent situations.  During Spain’s European Union presidency, it would lobby for common indicators and strategies throughout Europe to combat violence against women.

Concerning trafficking in women, particularly for sexual exploitation, she said Spain had ratified the Council of Europe Convention on Action against Trafficking in Human Beings.  Spain was used as a transit country for sexual slavery.  Ninety per cent of women prostitutes in Spain were foreigners, and most were kidnapped or fooled into prostitution.   The Government’s anti-trafficking project aimed to combat mafias, protect victims and raise social consciousness and awareness about the problem.  It had a 44 million euro budget for 2009, and 62 specific programmes.  Victims were assisted in their own language.  The Government was gathering statistics on the matter to better understand its scope.

Another delegate said there had been a 20 per cent drop in violence against women since inception of the Law against Gender Violence.  Spain had a hotline for men wanting to learn more about equality policies or new ways to express their masculinity.  Since the Law’s inception, more men had been jailed for gender-based violent crimes and the average sentence for murder had increased by 14 per cent.  Clearly, there was a change in the institutional response to the crime that was linked to protection measures.  Spain had a nationwide network of safe houses for women victims of violence, where they could seek refuge and recuperate.  The shelters were managed by autonomous communities.  They provided free services for all women irrespective of their origin or status.

Regarding the definition of trafficking, another delegate said that had not been clearly defined in Spain’s criminal law in the past.  The Government’s planned reform would deem human trafficking a specific crime, regardless of the nationality of the victim.  By law, Spain provided free legal assistance to victims of trafficking.  Lawyers in the Ministry of Justice received continuous education on trafficking crimes and victims, as did civil servants, forensic pathologists and other professionals involved in assisting victims and bringing perpetrators to justice.

Another delegate said Spain was a transit country for trafficking women, particularly for sexual exploitation, from Brazil, other parts of South America and Africa.  It was a destination country for trafficking victims from Colombia, the Dominican Republic, Russian Federation, Ukraine, Czech Republic, Morocco and Nigeria, among other countries.  More than half the prostitutes in Spain were from South America, one third were from Europe -- mainly Eastern and Central Europe -- and the rest were from Africa, particularly Nigeria and Morocco. 

Experts’ Comments and Questions

RUTH HALPERIN-KADDARI, expert from Israel, noted that according to the country report the percentage of women in boardrooms was just 9 per cent.  Did the Law of Effective Equality apply to the private sector?  Were there any Roma women in senior and other Government posts?

Country Response

Ms. AIDO said companies with more than 250 employees had to develop equality plans.  The Government offered assistance to smaller companies to have incentives to motivate a greater presence of women and to strike a proper work-life balance.  Increasingly, businesses were developing equality plans. 

Another delegate said the Law of Effective Equality did not create quotas for women, but it had tried in the past year to encourage more equality for Roma women and give more prominence for those working to help them.  The Institute for Roma Culture was active in that regard. 

Experts’ Comments and Questions

DORCAS COKER-APPIAH, expert from Ghana, asked the delegation to clarify the measures adopted to address the high drop-out rate of Roma girls from school.  How did the State ensure that autonomous communities implemented measures adopted for positive action and support for Roma, migrant and immigrant women?  She asked for more information on migrant women’s access to education.

VICTORIA POPESCU, expert from Romania, asked for data disaggregated by region on unemployment among men and women.  Had the Government adopted gender-sensitive measures to address the different impact on men and women of the global financial crisis?  Had the crisis impacted the gender pay gap?  How many complaints had been filed in courts and how many of them had been resolved?

YOKO HAYASHI, expert from Japan, said the country report noted that 90 per cent of women chose part-time work due to time constraints in balancing family and work life.  What was the Government doing to promote full-time employment among women, and what incentives was it giving to businesses to hire women on a full-time basis?   What kinds of civil lawsuits had been filed in that regard? 

MAGALYS AROCHA DOMINGUEZ, expert from Cuba, noted the high degree of discrimination against Roma and gypsy children in school and their high drop-out rate.  What programmes existed to overcome those stereotypes and the high drop-out rate?  She asked the delegation to comment on reports by non-governmental organizations over shortfalls in sexual education and reproductive health services for disabled women.

Country Response

Regarding labour matters, a delegate said Spanish women had joined the labour market much later than other women in the European Union.  As the number of women in academia had increased, the number of economically active women had risen from 39 per cent in 2004 to 51 per cent in 2009.  Men’s unemployment was 18 per cent; women’s unemployment was 16 per cent. 

Another delegate said in March, the General Secretariat of Employment and the Immigration Ministry published a report on the labour market, which she could make available to the Committee.  It showed that women were suffering less from the crisis, including immigrant women, whose employment rate continue to grow.  Women’s participation in the workplace had continued in all fields.  But the gender pay gap remained.  Data published by the Secretariat included 2008 statistics, showing that there were 10 million working.  Of the 1.5 million unemployed women, more than half were between 30 and 54 years of age.  The collapse of Spain’s construction industry, a largely male-dominated industry, had prompted the Government to engage in dialogue with trade unions, and employers associations had been valuable in identifying pay gap issues.  On Friday, the Government created labour inspectors in schools to ensure that recruitment professionals were taking into account social demands and to ensure that sex-based discrimination was addressed.

Another delegate said that in 1978, 9 per cent of the overall population in Spain and 68 per cent of its Roma population was illiterate.  Illiteracy was now negligible among the overall population, and 16 per cent for Roman women and 9 per cent for Roma men.  In Roma families, where many older relatives were illiterate, there was a low incentive for children to attend school.  The Government had worked to changed that by introducing enforcement of positive Roma images in school and encouraged them to attend extra curricular activities.  At present, 90 per cent of Roma children finished primary school and went on the attend high school.  

Another delegate said 54 per cent of recipients of education, social service and health-care programmes for Roma people’s development were women.  There were 30 programmes in the 2008 budget.  There were 2 million rural women in Spain, 2 per cent of whom had some links to a family farm.  As part of plan for women in rural areas, an observatory was created.  Ninety per cent of Spain’s population lived in urban areas.  The Government promoted microcredit services and the promotion of artistic and artisan projects of women in rural areas.  Businesses with best practices in gender equality were awarded prizes in the form of bonuses and preferential contracts with the Government.  

Ms. AIDO said as part of the Law on Effective Equality, pregnant women were more protected than ever in the labour market, with paid maternity leave.  She shared the experts’ concern over the rise in the number of voluntary terminations of pregnancy.  Spain was poised to adopt new regulations to replace the abortion act enacted 25 years ago in order to end prison sentences for those women and better protect them through a broad package of health, training and education services and guarantees. 

Experts’ Comments and Questions

RUTH HALPERIN-KADDARI, expert from Israel, said there was no information in the country report about litigation services available to women on custody, family, protection and other issues.  Was legal mediation encouraged in Spain?  Had Spain implemented safeguards about mediation that might sometimes be dangerous for women since they tended to enhance power differences, such as in cases of domestic violence?  Was shared custody of children now the preferred arrangement following divorce?  What measures were in place to ensure that was the best solution?  Had the Government conducted research to understand the risks involved in such legal reforms?  Were de facto relationships given the same rights as formal marriages?  Was that true for Roma women in relationships conducted under Roma norms?  She referred to cases in which Roma women had complained they were not entitled to pension benefits because they were not considered to be widows under Spanish law.

Country Response

A delegate said regarding legal aid for women following a separation or divorce, under the 1996 Legal Aid Act, generous Government assistance was provided to women who lacked the economic means to pay for a lawyer.  That was given to Roma and other non-Spanish women.  Article 6 of the Legal Aid Act guaranteed free advice and an exemption from paying a deposit for lawyer services.   Spain was very generous in that regard.  Work was under way on a Spanish mediation project in line with European Union standards.  Spain’s present legislation regulated the distribution of assets and household responsibilities following a divorce.  Regulations had been adopted to provide financial guarantees for women when the father of their children was delinquent on child support payments.

Experts’ Comments and Questions

SILVIA PIMENTEL, expert from Brazil, said that the Gypsy Secretariat had stated that gypsy women often died early due to poor nutrition and health practices, including the practice of self medication.  What was being done to address that? 

Country Response

A delegate stressed the importance of taking gypsy cultures into consideration and said Government programmes focused on training staff to understand that culture.  Government integration programmes were largely geared toward Roma women, and they focused on teaching Roma women the importance of and guidelines of good care, sanitation, food and nutrition.

In concluding remarks, Ms. AIDO said Spain had accepted article 20 of the Convention.

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