Legal Framework

Known as the International Bill of Rights for Women. It defines what constitutes discrimination and establishes a national agenda to end it.

Included in the 2030 Agenda, it seeks to achieve real and effective equality between women and men and the empowerment of all women and girls worldwide.

It is the first binding legal instrument in Europe that establishes a comprehensive framework to prevent, protect and prosecute gender-based violence. It obliges States to promote changes in sociocultural behaviours in order to eradicate prejudices and customs and traditions that justify violence, promoting education on an equal footing. It criminalizes various forms of violence, including stalking, female genital mutilation, forced marriage, and forced abortion or sterilization.

In its article 14, it proclaims the interdiction of discrimination on the basis of sex. In its article 9.2, it entrusts the public authorities with the guarantee of real and effective equality. Article 39.2 states that “the law shall make possible the investigation of paternity.”

Fundamental milestone in Spanish legislation. Its approach stands out for being integral and multidisciplinary, from the preventive, educational, health, labor, social and judicial fields.

The techniques can be applied to any woman over 18 years of age and with full capacity to act, regardless of her marital status or sexual orientation. The donation is an altruistic and confidential act. The identity of the donors must be preserved by the banks of gametes. This is one of the rules that participates in the prohibition of surrogate pregnancy in Spain, considering it a form of reproductive violence against women: Article 10 declares null and void the contracts of surrogate pregnancy (“surrogate motherhood”), whether expensive or gratuitous; the filiation of the sons and daughters born is always determined by childbirth.

It obliges the public authorities to integrate the principle of equal treatment and opportunities in all their policies and actions.It establishes the obligation to negotiate and apply Equality Plans in companies, regulating their diagnosis, objectives and measures.It requires companies to promote working conditions that prevent sexual harassment and harassment on the basis of sex, obliging them to design action protocols. It introduces innovative measures to protect the exercise of the rights of reconciliation of personal, family and working life. It promotes the balance between women and men in appointments to senior positions, administration and electoral lists.

It establishes free abortion for deadlines (up to week 14) and later for medical reasons. It obliges the public authorities to include affective and sexual education in schools and to guarantee access to contraceptive methods.

Consider consent as the central axis. The distinction between abuse (without violence or intimidation) and sexual assault is removed. All conduct that violates sexual freedom without consent is considered sexual assault. Those behaviors that generate an intimidating, hostile or humiliating environment through sexual expressions, behaviors or propositions are punished. It expressly introduces chemical submission and the use of drugs or drugs to nullify the will of the victim as aggravating

Known as the "Parity Act", it obliges public institutions and large companies to ensure that no sex exceeds 60% or is less than 40% in their decision-making bodies. The electoral lists must be prepared with a "zipper" composition (alternating men and women) in all the calls. The principle of parity applies to the Constitutional Court, the Council of State, the Court of Auditors, the General Council of the Judiciary (CGPJ) and the Fiscal Council. It requires this proportion in the Council of Ministers, in the interministerial commissions, and in the appointment of senior positions of the General Administration of the State.

Autonomous Body endowed with its own legal personality to ensure a solid institutional response to feminist claims. It assumes competence in Spain as the body responsible for applying the principle of equal treatment and opportunities between women and men, according to the European directives on the subject.

He progressively extended the leave of the parent other than the biological mother until he was equal to 16 weeks. It introduced the obligation for companies to keep a salary record with the average values of salaries, supplements and extra-salary perceptions, disaggregated by sex. It amended the Workers’ Statute to facilitate conciliation, allowing the adaptation and distribution of working time (including teleworking).

Companies must demonstrate demonstrable and relevant results in the implementation of equality policies, including the balanced presence of women and men at all levels and management bodies, the design of fair wage measures, conciliation and the prevention of harassment. The badge has an initial validity of three years and is listed in a public register. Award-winning companies can use the logo in their business and corporate communications.

Its objective is to ensure the effective implementation of the principle of equality between women and men in the field of public administration of the State.

It regulates equality plans and their registration. It establishes the obligation for companies with 50 or more working people to elaborate and apply an Equality Plan, as well as its registration in the corresponding registry.

It establishes mechanisms to ensure transparency in remuneration and avoid the pay gap, including the obligation to keep a salary record and carry out remuneration audits. All companies, regardless of their size, must prepare and keep up-to-date a record of salaries, supplements and extra-salary perceptions of their entire workforce, including managers and senior positions. To determine whether the posts are of equal value, adequacy criteria, nature of functions, educational, professional and training conditions required, as well as physical and environmental requirements, are used.

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