Principle of Equal Opportunities

• Equality is ineffective if opportunities and conditions are unfavorable for some.
• The Principle of Equal Opportunities aims to guarantee the right to Equality in social practice.

Legal Framework

• The Spanish Constitution (Article 14, 1978) states all Spaniards are equal before the law.
• Despite legal equality, women may not realize their right to Equality in practice.
• Imbalances and male dominance in society hinder equal opportunities for women.
• Legally, women can hold positions of responsibility, but social conditions may prevent it.

Constitutional Principles of Equality

• Article 1.1 establishes equality as a core value in the legal system.
• Article 9.2 promotes conditions for effective individual and group equality, removing obstacles and allowing for positive actions.
• Article 10 establishes dignity and free personality development as the foundation of legal and political order.
• Article 23.2 concerns equal access to public positions and functions.
• Article 31.1 prohibits discrimination in fiscal obligations.
• Article 32 establishes equality in marriage.
• Article 35.1 prohibits discrimination based on sex in employment.
• Article 39.2 establishes equality of children before the law regardless of parentage.

Challenges to Equality

• Traditional values limit individual freedoms, especially for women, perpetuating discrimination.
• Discrimination can be blatant or subtle.
• Public authorities in Spain are obligated to develop equality policies for women and men following Article 9.2 of the Constitution.
• Equality policies aim to ensure real and effective equality.
• Two approaches exist: specific or sectorial and transversal policies.
• Specific equality policies are "traditional," while transversal policies are "gender mainstreaming".
• Both policy types aim to guarantee equal opportunities.

Specific Gender Policies

• Specific Equality policies recognize existing inequalities between men and women, linking them to the social construction of gender and historical discrimination.
• They involve compensatory actions to equalize the situation of women with that of men, though men's identity and social standing are considered the norm.
• These policies may adapt women to the socio-economic reality without changing the reality itself to reflect women's changes.
• They include increased awareness, improved situations, societal awareness, intervention methodologies, and gender reflection.

Implementation and Key Laws

• The Constitution of 1978 establishes equality, with equality policies emerging in Spain from 1983.
• The Institute of Women was created in 1983.
• The Organic Law 1/2004, of December 28, on Comprehensive Protection Measures against Gender Violence, is a key law.
• It advances the fight against violence against women, integrating preventive, intervention, and protective measures.

Support Measures for Victims Include

• The right to reduce work hours, geographical mobility, job suspension, and contract termination, with unemployment benefits.
• Reinsertion programs for victims and economic aid based on age and family responsibilities.
• Work absences due to aggression (up to 6 months) are considered effective contributions to Social Security benefits.
• Aid for training to escape economic dependence.
• Priority access to official protection housing.
• Additional bonuses for companies that hire them.
• Standardization of services for abused women across communities and municipalities.
• Adaptation of shelters into comprehensive recovery centers with psychological therapy, legal assistance, social and educational support.

Justice System Measures

• Creation of over 400 courts with civil and criminal jurisdiction to combat domestic violence.
• Creation of the figure of the Prosecutor against Gender Violence.
• Stricter penalties: harsher penalties for threats and coercion against vulnerable individuals.
• Increased penalties for injuries and violations of security measures.
• Suspension of visitation rights for aggressors when family violence is revealed.
• Modification of the Free Legal Assistance Law, to guarantee free defense in domestic violence cases.

Education System Measures

• A mandatory course "Education for Equality and against Gender Violence" in Secondary Education.
• New members in School Councils to promote educational measures for equality.

New Organizations

• A Government Delegation against Gender Violence, an adjunct position in the Ombudsman's Office, and an Observatory of independent figures.
• A National Observatory of Violence against Women.

Healthcare System Measures

• Actions for early detection and development of awareness programs and training for healthcare personnel.
• Establish healthcare protocols for prevention, early detection, and continuous intervention.
• Creation of a Commission within the Interterritorial Council of the National Health System.

Other Measures

• Public awareness prevention and sensitization campaigns.
• Discriminatory or demeaning advertising using women's bodies is considered illegal.
• Modification of cessation or rectification actions for advertising, legitimizing institutions and associations.

Organic Law 3/2007, of March 22, for Effective Equality

• It focuses on preventing discrimination and proactive policies for equality.
• It adopts the principle of mainstreaming, integrating a gender perspective into all state policies.
• Measures include positive action and gender mainstreaming.
• The Strategic Plan of Equal Opportunities and an Inter-ministerial Equality Commission are implemented.
• Gender impact reports are expanded, and periodic evaluations of equality are required.
• Specific measures include processes for selecting and providing jobs within the General State Administration.
• Effective equality in private companies through hiring, public subsidies, and in reference to their administration.
• It recognizes the right to balance personal, family, and work life.
• Collective bargaining should include measures for equality within businesses.
• Balanced representation in political participation at state, regional, and local levels is required.
• Electoral law is modified to ensure balanced representation.

General Novelties for Equality Implementation

• Aims to achieve real and effective equality.
• Recognition of rights derived from the principle of equal treatment.
• Applies to all individuals and entities in Spanish territory.
• It influences all areas of life.
• Integrates the principle of equality and gender perspective.
• Establishes procedural guarantees for safeguarding the right to equality.
• Legitimizes public institutions and organizations for the defense of equality.
• Establishes a general framework for adopting positive actions.
• Incorporates measures to eliminate inequality.
• Balanced representation of both sexes in positions of responsibility and electoral regulations is assured.

Specific Novelties for Equality Implementation

• Creation of an Inter-ministerial Equality Commission.
• Creation of the Council for Women's Participation.
• Establishes the use of non-sexist language.
• Introduces the sex variable in studies and statistics.
• Establishes the creation of a Strategic Plan for Equal Opportunities.
• Regulates Equality Plans in companies.
• Creates a business distinction in matters of equality.
• Establishes measures to prevent sexual harassment.
• Recognizes the right to balance personal, family, and work life.
• Creates autonomous paternity leave.
• Creates a new maternity benefit of 42 days.
• Improves economic benefits for risk during pregnancy.
• Protects the risk during lactation.
• Establishes the obligation to avoid discrimination.

Law 39/1999, of November 5, Promoting Work-Life Balance

• This law introduces legislative changes so workers can engage in family life, which contributes to equal opportunity.

Strategic Equality Opportunity Plan (2008-2011)

• Approved in December 2007, the plan aims to promote effective equality between men and women.
• Main associations and organizations participated.
• The Plan lasts four years.
• It is based on two principles: non-discrimination and equality.
• It revolves around twelve fundamental axes like political participation, economic, responsibility, equation, innovation, knowledge, health, image, attention to diversity and social inclusion, gender violence, and the protection of the right to equality.

Equality Opportunity Observatory

• Created by Royal Decree 1686/2000, it collects, analyzes, and disseminates information on the situation of women.
• It proposes policies to improve it.
• It acts as a permanent body for collecting and analyzing information.
• It formulates recommendations and proposals.
• It participates in international institutions.
• Receives information on measures taken in public administrations.
• It evaluates the impact of policies on women.
• It constitutes a forum for exchanging and communicating.
• It proposes initiatives to monitor the treatment of women in the media.
• It proposes diagnostic studies on the situation of women.
• It monitors social policies.
• Disseminates information on various aspects.