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The rights of survivors of gender-based violence in Spain: practical advice and resources

Gender-based violence is an extreme manifestation of discrimination, inequality, and imbalanced power dynamics. Spain has been at the forefront of defining and addressing gender-based violence through progressive legislation and establishing high standards of care for women who have endured such violence.

This article explores critical aspects of supporting women who have survived gender-based and domestic violence.

Gender-based violence and domestic violence: What’s the difference?

Gender-based violence (Violencia de Género): This refers to abuse directed at a woman because of her gender. It can occur in private or public settings, including at home, work, or in public life.

Domestic violence (Violencia Doméstica): This refers to any form of abuse within a family, regardless of the survivor’s gender or age. For instance, it could include a mother’s violence towards her child or abuse by grandchildren against their grandparents..

Who is Considered a Survivor of Gender-Based Violence?

According to Organic Law 1/2004, a survivor of gender-based violence is a woman who has experienced:

Physical or psychological violence.
Threats, coercion, or violations of sexual or personal freedom.
Other abusive actions by a partner (current or former), even without cohabitation.

This also includes cases where violence is directed at a woman’s minor children to harm her.

How to Confirm the Fact of Violence

Recognition as a survivor of gender-based violence requires one of the following documents:

A guilty verdict or a court-issued protection order.
A certificate from the prosecutor's office or social services.
Documentation from specialised services confirming the violence.

Further details are available on the official website.

Survivors’ Rights in Spanish Law

1. The Right to Be Informed

Survivors have access to information through:

016 Helpdesk: Free, confidential legal assistance and urgent psychosocial support available 24/7.
Phone: 016.
Email: [email protected].
WhatsApp: 600 000 016 (text only).

Additional services for those with hearing or speech impairments:

Phone: 900 116 016.
Telesor and SVIsual services (internet required).
Сервіс візуального перекладу SVIsual.
WhatsApp: 600 000 016.

The service operates in 53 languages, including Ukrainian and Russian.

In emergencies, calls are redirected to 112.
For general inquiries about women’s equality, contact the Women’s Institute.
Minors are directed to the Child and Adolescent Helpline (ANAR).

The Ministry of Gender Equality website provides interactive maps with resources from state and NGO services.

2. The right to comprehensive social assistance

Survivors are entitled to:

Social services.
Emergency assistance.
Psychological support.
Temporary housing.
Rehabilitation programmes.

Support focuses on urgency, specialisation, and continuity, aiming to:

Restore survivors’ psychological stability.
Provide advice on rights and safety measures.
Offer temporary or emergency housing.
Support vocational training and employment.

3. The right to free legal aid

Survivors are entitled to immediate, free legal representation regardless of financial status. This includes:

Free legal counselling.
Representation during judicial and administrative processes.
Exemption from court fees and prepayments.
Assistance with notarial documents (with discounts).

4. Protection of Labour Rights

Survivors are entitled to:

Job security.
The option to terminate employment due to relocation.

5. Social protection

Survivors receive tailored social protection measures based on individual needs.

6. The right to file a complaint

Survivors can report violence to authorities, potentially leading to criminal proceedings.

7. The right to request a restraining order

A restraining order against a perpetrator is a judicial decision issued by a competent authority in cases where there is compelling evidence of a crime and an objective risk to the survivor. This decision is made to ensure the survivor’s protection during the criminal proceedings.

Obtaining a restraining order confirms the status of a survivor of gender-based violence and serves as a basis for exercising the rights established under Organic Law 1/2004. The restraining order may include one or more of the following measures:

Eviction of the perpetrator from the family home.
Prohibition on residing in a specific locality.
Prohibition on approaching the survivor and/or her relatives within a court-determined distance.
Prohibition on contacting the survivor in any manner (e.g., correspondence, phone calls).
Prohibition on approaching certain places, such as the survivor’s workplace or her children’s school.
Concealment of the survivor’s residential details.
Provision of judicial protection at court facilities.
Seizure of weapons and prohibition on their possession.

Civil measures may also be applied, including:

Granting the right to use the family home, furniture, and household items.
Determining custody and living arrangements for minor children.
Establishing visitation and communication arrangements with children.
Setting child support payments.
Implementing any other measures necessary to protect children and prevent harm to them.

This list of measures is not exhaustive.

Rights of Ukrainian women with temporary protection in Spain

Ukrainian women holding temporary protection status in Spain are granted the same rights as Spanish citizens, as this status serves as a form of residence permit.

The right to international protection

The right to asylum

Refugee status is recognised for women who have experienced gender-based violence or have a well-founded fear of persecution based on membership in a specific social or gender group. Women may apply for asylum if they are outside their country of origin and unable or unwilling to seek its protection due to these risks.

Forms of gender-based persecution include:

Violence by a partner or former partner.
Female genital mutilation (FGM).
Forced marriages.
Sexual violence.
Trafficking for sexual exploitation.

To qualify for asylum, the fear of persecution must be substantiated with evidence of mistreatment, including sexual violence. When evaluating persecution claims, gender identity and sexual orientation are considered under the broader concept of a social group.

Subsidiary protection

Women who do not meet the asylum criteria but face a real risk of severe harm upon return to their country may be granted subsidiary protection. Severe harm includes: