Organic Law 1/2004 Gender Violence

• The document is the Organic Law 1/2004, of December 28, on Comprehensive Protection Measures against Gender Violence.
• It was published in the BOE number 313 on December 29, 2004.
• Its reference is BOE-A-2004-21760.

Preliminary Title

• Article 1 details the law's purpose is to act against violence that is a manifestation of discrimination, inequality, and power relations of men over women.
• The violence is exerted by those who are or have been spouses or who are or have been linked to women by similar relationships of affection, even without cohabitation.
• Article 2 lists that comprehensive protection measures are established with the aims of preventing, punishing, and eradicating this violence and assisting the women, their minor children, and those under their guardianship, or custody.
• Gender violence includes any act of physical and psychological violence, including attacks on sexual freedom, threats, coercion, or arbitrary deprivation of liberty.
• Gender violence also includes violence is exercised on their family members or related minors by the people indicated in the first section with the aim of causing harm or damage to women.
• Article 2 details the guiding principles to strengthen measures to raise citizen awareness of prevention, providing public authorities with effective instruments in the educational, social, health, advertising, and media.
• It looks to consecrate the rights of women victims of gender violence, enforceable before the Public Administrations, to ensure rapid, transparent, and effective access to the services established for that purpose.
• The goal is to reinforce social services focusing on information, attention, emergency, support, and comprehensive recovery, as well as establishing a system for more effective coordination of existing services at the municipal and regional levels.
• There should be guaranteed rights in the workplace and civil service to reconcile the requirements of the employment relationship and public employment with the circumstances of female workers or civil servants who suffer gender violence.
• Its purpose is to guarantee economic rights for women victims of gender violence, in order to facilitate their social integration, and to establish an integral system of institutional protection.
• The legislation looks to coordinate resources and instruments of all kinds from the various public authorities to ensure the prevention of acts of gender violence and, where appropriate, adequate punishment for those responsible.

Title I: Awareness, Prevention and Detection

• Article 3 references awareness Plans to be made and driven at a State level, with a budget.
• The plan should introduce social values based on human rights and equality for all individuals and promote the training and recycling of professionals.

Chapter III: Healthcare

• Article 15 points out that Healthcare Administrations will promote actions of healthcare professionals for early detection of gender violence and optimize healthcare sector’s contribution in combating this type of violence.
• Sensitization programs should improve early diagnosis, assistance and rehabilitation.

Title II: Rights of Women Victims of Gender Violence

• Article 17 guarantees gender violence victims’ rights without discrimination.
• Information, comprehensive social assistance, and legal assistance contribute to the effectiveness of equality and non-discrimination.
• Article 18 covers a gender violence victim’s right to adequate information and advice without discrimination.
• Article 19 expresses the victim’s right to social services, emergency services, support, shelter, and comprehensive recovery following principles of permanence, urgency, specialized services, and professional skills.
• Article 20 provides victims the right to free legal advice before filing a complaint and free defense and representation by a lawyer and solicitor in administrative proceedings caused directly/indirectly from the violence.

Chapter II: Labor Rights and Social Security

• Article 21 states woman victim of gender violence has the right to reduce or reorder their working time, geographical mobility, change of work center, adaptation of their job, and support he or she needs due to disability for their reincorporation.
• A woman victim of gender violence has the right to suspend or terminate employment contract.

Chapter III: Rights of Civil Servants

• Article 24 says a female civil servant victim of gender violence is entitled to reduce or reorder their working hours, geographical mobility of work center and leave of absence.
• Article 25 explains that total or partial absences from work motivated by victim’s physical or psychological situation are considered justified.

Chapter IV: Economic Rights

• Article 27 describes that, lacking financial means, a victim can receive single payment aid.

Chapter V: Right to Reparation

• Article 28 references that Gender violence victims have the right to reparation.
• Article 28 bis says victims are guaranteed effective access to compensation for damages, satisfaction, and social treatment.

Title III: Institutional Protection

• Article 29 states the role of Government Delegation against Gender Violence is to draw up the Macro-survey of Violence against Women and coordinate actions in the field.
• Article 30 highlights the function of the State Observatory of Violence against Women is to assess and follow up gender violence and propose action.