A/HRC/29/8
56.
Regarding the fight against gender-based violence, the Spanish policy was based on
promoting responsible, united and sustained action with the participation of all public
institutions and civil society associations. Measures taken in the previous few years were
the creation of the Observatory for domestic gender-based violence, the adoption of gender
based laws, and the International Strategy to eradicate Violence Against Women 2013–
2016. The delegation also mentioned efforts to improve the training of police officers,
health-care professionals, social workers and judicial officers with a victim’s approach.
With regard to the judiciary, the delegation recalled the reform of the Penal Code and a
draft law on the legal status of victims. Spain was also working to enhance the visibility of
other forms of violence, such as trafficking and the sexual exploitation of women and girls,
female genital mutilation and forced marriage.
57.
Concerning the migration situation in the autonomous cities of Ceuta and Melilla,
the delegation stated that there were two different legal proceedings established by law
regarding the return of foreigners who had entered Spanish territory. Both respected a series
of guarantees, such as the right to request international protection, the provision of free
legal aid, access to interpreters and non-return in the case of pregnant women where health
risks were involved. The delegation added that operations to prevent the entry of foreigners
into Spain were a different situation, which occurred during border patrols in Ceuta and
Melilla. Denials of entry were exerted by Spain as a sovereign right within the framework
of its obligations as a member of the European Union. The delegation of Spain informed
the Working Group that attempts to enter Spain by those borders were ongoing, on a mass
scale and violent and that they constituted a problem of internal security and public order.
In any intervention, the authorities always took into consideration the principle of
proportionality and opportunity and the possibility that, among the people concerned, there
could be persons in a vulnerable situation who required assistance.
58.
The delegation referred to a question related to the incorporation of a provision in
the Protection of Public Safety Bill to amend the Migration Law. The purpose of the
amendment was to recognize the specificity of Ceuta and Melilla from the geographical,
border and security perspectives. The amendment was being debated in parliament,
including consultations with international expert bodies. The amendment, if adopted, would
comply with international obligations regarding access to international protection and nonrefoulement.
59.
Rwanda appreciated the policies adopted to promote equality of opportunity for
women and the laws and policies on the sexual exploitation of children and adolescents and
on trafficking in persons.
60.
Senegal welcomed the various initiatives taken for the implementation of the
recommendations made in the first cycle, especially on violence against women, the
situation of rural women, equal opportunities and education.
61.
Serbia noted with satisfaction the comprehensive national report of Spain and its
cooperation with the Ombudsman and other representatives of civil society.
62.
Sierra Leone commended the drawing up of a Framework Protocol for the
Protection of Victims of Trafficking and the recent appointment of a National Rapporteur
on human trafficking.
63.
Slovakia acknowledged efforts to eliminate gender discrimination and combat
human trafficking and asked for more information on the training of prosecutors working in
the field of combating racism.
64.
Slovenia welcomed information on institutional strengthening in the area of hate
speech and discrimination and the stated intention to restore social protection measures and
assistance to those most disadvantaged by the financial crisis.
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