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What it is

Protects minors in Spain from all forms of violence

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 10 June 2020. Introduced by: Gobierno.

Official title: Organic Government bill on comprehensive protection of childhood and adolescence against violence.

Source: Congreso de los Diputados, file 121/000022· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law defines violence as any action, omission or negligent treatment that harms a minor, including physical and psychological abuse, school bullying, cyberbullying, gender violence Violence a woman suffers from a current or former partner because she is a woman., sexual exploitation and human trafficking. It also defines good treatment as treatment that respects minors' rights and promotes mutual respect.
  2. Anyone who sees signs of violence against a minor must report it immediately to the competent authority. The duty is stricter for healthcare, school, sports and leisure, social services and child protection professionals, who must notify social services and, if there is danger, the Security Forces or the Public Prosecutor.
  3. Minors who are victims of violence have the right to clear information, to be heard with no age limit, to comprehensive care, to defend their rights in court and to free legal aid, regardless of their means.
  4. All schools, public or private, must apply protocols against bullying, cyberbullying, abuse, gender violence, suicide and self-harm, and must have a welfare and protection coordinator who serves as the main point of contact for students.
  5. To work or volunteer in regular contact with minors, people must prove they have no criminal record for sexual offenses or human trafficking, using a certificate from the Central Register of Sex Offenders and Human Trafficking. If such a record appears later, the employee must stop working or change positions, and the volunteer must leave the activity.
  6. The Criminal Code is toughened: serious crimes against minors now expire when the victim turns 35, the offender's forgiveness no longer ends criminal liability if the victim is under 18, and new crimes punish those who use the Internet to promote suicide, self-harm or eating disorders among minors.
  7. In criminal proceedings, the testimony of minors under 14 and of people with disabilities needing special protection is taken as pre-constituted evidence, meaning it is recorded during the investigation phase and played at trial, so they testify only once and avoid secondary victimization.
  8. A Central Register of information on violence against children is created, to which public administrations, the General Council of the Judiciary and the Security Forces must send data, and an annual report on the situation will be published.

Who it affects

  • Children and teenagers in Spain: They receive protection from all forms of violence and new rights to be heard, informed and assisted.
  • Families and parents: They can receive support and training in positive parenting, and should know that violent punishment is rejected by the law.
  • Healthcare, school, sports and leisure, and social services professionals: They have a stricter duty to immediately report any sign of violence against a minor.
  • Companies, organizations and volunteers working with minors: They must require a certificate of no sexual offense or trafficking record before hiring or accepting volunteers.
  • Schools and child protection centers: They must apply action protocols and appoint welfare and protection coordinators.

Words worth knowing

Ciberacoso (cyberbullying)
Harassing someone through the Internet or a cell phone.
Victimización secundaria (secondary victimization)
The extra harm a victim suffers from how institutions and the legal process treat them, not from the crime itself.
Prueba preconstituida (pre-constituted evidence)
A witness statement recorded during the investigation phase, with safeguards, which is later played at trial so the witness does not have to testify again.
Silencio administrativo (administrative silence)
What is considered decided when the administration does not answer in time; here, if it does not respond within three months, the record cancellation request is deemed denied.
Patria potestad (parental authority)
The set of rights and duties parents have over their minor children, such as caring for, educating and representing them.
gender violence
Violence a woman suffers from a current or former partner because she is a woman.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced10 June 2020Someone registers the text in the Congreso.
  2. Admitted16 June 2020The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments19 June 2020Groups propose changes.
  4. Committee15 October 2020A committee goes through the text in detail.
  5. Plenary7 April 2021All 350 deputies vote.
  6. Senate15 April 2021The Senate can pass it, amend it or veto it.
  7. BOE20 May 2021It is published in the Official State Gazette (BOE) and comes into force.
See the 10 official steps on a timeline
Jun 2020Sept 2020Dec 2020Mar 202111. 10 June 2020: Presentación22. 16 June 2020: Comisión Derechos Sociales y Políticas Integrales de la Discapacidad Publicación desde 16/06/2020 hasta 19/06/202033. 16 June 2020: Calificación44. 19 June 2020: Comisión Derechos Sociales y Políticas Integrales de la Discapacidad Enmiendas desde 19/06/2020 hasta 15/10/202055. 15 October 2020: Comisión Derechos Sociales y Políticas Integrales de la Discapacidad Informe desde 15/10/2020 hasta 18/03/202166. 18 March 2021: Comisión Derechos Sociales y Políticas Integrales de la Discapacidad Dictamen desde 18/03/2021 hasta 07/04/202177. 7 April 2021: Pleno Aprobación desde 07/04/2021 hasta 15/04/202188. 15 April 2021: Senado desde 15/04/2021 hasta 12/05/202199. 12 May 2021: Pleno Enmiendas o veto del Senado desde 12/05/2021 hasta 20/05/20211010. 20 May 2021: Concluido - (Aprobado con modificaciones) desde 20/05/2021 hasta 22/06/2021

20 May 2021

How did the plenary vote?

More votes in favour 297 yes · 52 no

Voted on: Joint vote on the Organic Bill on comprehensive protection of childhood and adolescence against violence, due to its organic nature.

This law had 56 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 25 of sitting 100· updated 11 Nov

Each dot is a seat. Tap one, or use the arrow keys, to see who it is.

Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Euskal Herria Bildu, Republicano, Socialista, Vasco (EAJ-PNV), Mixto, Ciudadanos, Gcup-ec-gc, GPlu and Popular en el Congreso. Against, most of VOX.

By province: in 51 most voted in favour; in 1, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 51
  • Against: 1
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu5
5 in favour
Republicano13
13 in favour
Socialista120
120 in favour
Vasco (EAJ-PNV)6
6 in favour
Mixto10
10 in favour
Ciudadanos9
9 in favour
Gcup-ec-gc35
35 in favour
GPlu12
12 in favour
Popular en el Congreso88
87 in favour · 1 did not vote
VOX52
52 against

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Published in the BOE: Organic Law 8/2021, of June 4, on comprehensive protection of childhood and adolescence against violence.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.