United Nations, Department of Economic and Social Affairs, Population Division (2024). World Population Prospects 2024, Online Edition. Estimates 2024.
Proportion of women aged 16 and older experiencing sexual violence perpetrated by someone other than an intimate partner at least once in their lifetime. Source: 2019 Macro-survey on violence against women, Madrid, 2021
Proportion of ever-partnered women aged 16 and older experiencing intimate partner physical and/or sexual violence at least once in their lifetime. Source: 2019 Macro-survey on violence against women, Madrid, 2021
Proportion of ever-partnered women aged 18–74 years experiencing intimate partner physical and/or sexual violence in the last 12 months. Source: 2019 Macro-survey on violence against women, Madrid, 2021
(1) Consolidate policies on preventing violence against women, notably by reinforcing the identification of vulnerable situations and the prevention of recidivism; (2) Strengthen the Observatory of Femicide; (3) Conduct an assessment of the domestic legal framework to combat gender-based violence against women and of the implementation thereof, with a view to strengthening its efficiency; (4) Take the necessary legislative measures to recognize femicide in the law; (5) Engage with the European Union for the prompt adoption of a draft law on artificial intelligence that includes measures to mitigate and prevent the high risks posed in terms of violence against women, in line with pioneering Organic Law No. 10/2022; (6) Evaluate the child protection policy, direct and indirect violence suffered by children and the legal consequences in terms of parental authority; (7) Take into account new forms of violence, such as cyberharassment and hate speech, and the need for specific legislation, as well as violence affecting minorities, such as forced marriage and female genital mutilation.
(1) Adopt the necessary legal amendments to remove all exceptions to the legal minimum age of marriage of 18 years of age and strengthen its efforts to combat child and forced marriage; (2) In reiteration of its previous concluding observations and in line with the Committee's communication No. 47/2012 and communication No. 154/2020, ensure that guardianship and visitation rights without supervision are not granted to fathers in cases in which the rights, well-being and safety of children may be jeopardized (CEDAW/C/ESP/CO/7-8, para. 39 (a), and CEDAW/C/58/D/47/2012 and CEDAW/C/84/D/154/2020); (3) Improve the legal framework relating to the right of succession of spouses to protect women and prevent the negative economic consequences of widowhood for them; (4) Take the necessary measures to prevent and redress harmful practices within the family, such as forced marriage and female genital mutilation.
(1) Ensure the prompt adoption of the draft organic law on trafficking and exploitation of human beings and strengthen its focus on prevention and protection against trafficking, continuing its close collaboration with civil society; (2) Continue to evaluate and strengthen public policies to combat human trafficking and sexual exploitation, particularly in terms of victim identification procedures and simplification of the procedures for access to justice, and strengthen support for women who are victims of trafficking; (3) Prevent and combat trafficking of migrant women who become victims of forced labour and ensure application of the principle of non refoulement to guarantee protection against gender-based violence against women; (4) Adopt, without delay and as a matter of urgency, legislation to prevent the sexual exploitation of women, through control, abuse and/or situations of superiority or need or vulnerability, to perform any work or service, including benefits of a sexual nature; (5) Adopt a comprehensive definition of pimping to make possible the adequate prosecution of those who exploit prostitution, as recommended in its previous concluding observations (CEDAW/C/ESP/CO/7-8, para. 23 (d)).
Spain's constitutional framework supports gender equality and provides mechanisms to address it, but it does not contain specific provisions related to violence against women and girls.
Spain has a stand-alone law addressing gender-based violence, which is one of the most comprehensive in Europe: the Organic Law 1/2004 of 28 December on Comprehensive Protection Measures against Gender-Based Violence.
The National Plan for Awareness and Prevention of Gender-Based Violence (Plan Nacional de Sensibilización y Prevención de la Violencia de Género) was approved by the Spanish Council of Ministers on December 15, 2006. This plan serves as a strategic framework to raise awareness and prevent gender-based violence through education, public campaigns, and community involvement.
State Pact Against Gender-Based Violence (Pacto de Estado contra la Violencia de Género): While not an "action plan" in the traditional sense, this pact has been the cornerstone of Spain's fight against gender-based violence since 2017, with plans for renewal as of 2024.
Estrategia Estatal para Combatir las Violencias Machistas 2022-2025: This State Strategy serves as a planning instrument for public policies aimed at preventing and combating all forms of violence against women. It emphasizes a comprehensive approach to address various manifestations of gender-based violence.
Spain prohibits gender and sexual harassment through a combination of laws establishing a multi-layered legal framework covering harassment in professional, educational, private, and general contexts.
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Criminal Code (Articles 184–185): Penalizes sexual harassment, unwanted sexual advances, coercion, or conduct creating an intimidating, hostile, or degrading environment.
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Organic Law 3/2007 (Articles 7 and 48): Prohibits sexual and gender-based harassment in workplaces and educational settings; requires institutions and employers to implement preventive measures and equality plans.
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Royal Decree 901/2020: Regulates equality plans and their registration, ensuring companies monitor and prevent harassment.
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Organic Law 10/2022 (Comprehensive Guarantee of Sexual Freedom): Expands protections to all contexts, covering harassment, sexual abuse, and coercion, ensuring comprehensive protection of sexual freedom.
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Organic Law 1/2004: Complementary protections for harassment in intimate partner contexts.
Spain criminalizes marital rape under its criminal law, following reforms to ensure sexual violence protections apply regardless of marital or intimate partner status, through the following legal provisions:
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Criminal Code (Art. 178-180) where sexual acts without consent are considered rape or sexual abuse regardless of the relationship between the partnes.
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Organic Law 10/2022 which reinforces that all sexual acts must be explicitly consented, and clarifies that coercion, intimidation, or exploitation of vulnerability constitutes sexual assault.
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Organic Law 1/2002 focused on intimate partner violence, including physical, psychological and sexual violence, providing protective measures for victims.
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Civil Code, Article 66: Spouses are equal in rights and duties.
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Civil Code, Article 68: Spouses must respect, assist each other, and share domestic responsibilities.
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Divorce Law (Law 15/2005): Establishes no-fault divorce; either spouse can request divorce regardless of gender. Provides for equitable division of assets, alimony, and child custody based on the child’s best interests and financial circumstances.
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Civil Code, Article 154: Both parents have equal rights and duties in child-rearing, irrespective of marital status.
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Law 3/2007 on Gender Equality in Financial Settlements: Ensures post-divorce economic agreements uphold equality, including compensation for spouses who contributed disproportionately to the family.
In Spain, the minimum legal age of marriage is 18 years old for men and women.
Female Genital Mutilation is Prohibited in Spain under criminal and protection laws.
Spain has a comprehensive national governance structure to prevent and respond to violence against women, coordinated by the Ministry of Equality. The Ministry is responsible for proposing and implementing policies to achieve gender equality, prevent and eradicate VAW, and eliminate discrimination based on sex, ethnicity, religion, sexual orientation, gender identity, age, disability, or other personal or social conditions.
Key bodies within the Ministry include:
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Secretariat of State for Equality and for the Eradication of Violence against Women: Oversees development and implementation of policies on gender equality and VAW.
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Government Delegation against Gender Violence: Proposes, coordinates, and advises on government measures to prevent and respond to VAW.
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Institute of Women: Autonomous agency promoting gender equality and facilitating women’s participation in political, cultural, economic, and social life.
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Women’s Participation Council: Collegiate advisory body channeling proposals from women’s rights NGOs to inform government policies.
Additionally, the State Observatory on Violence against Women (Observatorio Estatal de Violencia sobre la Mujer, regulated under Royal Decree 237/2023) collects and analyzes VAW data, monitors policy implementation, and coordinates with regional governments and civil society to enhance service delivery.