State Reports - CEDAW - Spain - CEDAW/C/ESP/4 (1998)

Convention on the Elimination

of All Forms of Discrimination

against Women

In accordance with article 18 of the Convention on the Elimination of All Forms of Discrimination against Women, the Government of the Kingdom of Spain hereby submits its fourth periodic report on measures adopted between 1995 and 1998 to give effect to the provisions of the Convention.

This report has been prepared according to the general guidelines on the form and content of reports. It is organized by article of the Convention and includes, under each article, a description of the relevant legislative reforms and social situation. It also contains supporting statistics and some final conclusions.

The general framework for an analysis of the equality of opportunity between men and women in Spain is provided by the Constitution of 6 December 1978. According to article 1.1 of the Constitution the higher values of the Spanish legal order are liberty, equality, justice and political pluralism.

(1) On the one hand, they are considered to be general legal principles and, as such to be a basis for the law as established by the Spanish Civil Code. Accordingly, and in the almost unanimous opinion of specialists, they are the guiding principles of the entire legal system. This means that they are of a cross-cutting nature with respect to any provision of Spanish legislation.

(2) On the other hand they are part of that legislation, for they are not mentioned on the preamble to the Constitution but in the actual articles. The interpretation of the Spanish Constitutional Court has been that specific articles of the Constitution have normative force and may even be considered to prevail over prior legislation where there is a conflict between the two.

Although this analysis applies to the issue of equality in general, it must be borne in mind that the argument has implications for the issue of equality of opportunity between men and women. Thus, this equality is viewed as a cross-cutting aspect of the entire legal system and, at the same time, as an underlying assumption in some cases and a new development in others, demonstrating the consistency of Spanish legislation.

However, it should be explained that a definition of the higher values of our legal system is outlined in other Constitutional provisions which, in a sense, give a complete picture of equality of opportunity between men and women.

In this regard, article 9 of the Spanish Constitution makes it incumbent upon the public authorities to ensure equality and, more specifically, article 14 explicitly prohibits, inter alia, gender-based discrimination.

These two provisions and article 10, which concerns the protection of human dignity and inherent human rights, are the basis for all legislative and sociological developments with respect to equality of opportunity between men and women.

The Constitution which includes these substantive provisions also establishes the territorial organization of the Spanish State, which is an important factor in an analysis of the distribution of powers. Article 137 of the Constitution, establishes that Spain is organized territorially into municipalities, provinces and any autonomous communities that may be constituted and that all these bodies shall enjoy self-government for the management of their respective interests. Article 143 states that "in the exercise of the right to self-government recognized in article 2 of the Constitution, bordering provinces with common historic, cultural and economic characteristics, island territories and provinces with historic regional status may accede to self-government and form Autonomous Communities in conformity with the provisions contained in this Title and in the respective Statutes", and article 147 states that "the Statutes shall constitute the basic institutional rules of each Autonomous Community and the State shall recognize and protect them as an integral part of its legal order".

The powers of each autonomous community must be indicated in the Statutes of Autonomy and are set forth in article 148 of the Constitution, while article 149 lists the matters over which the State holds exclusive jurisdiction, including, inter alia, international relations.

Spain ratified the Convention on the Elimination of All Forms of Discrimination against Women in 1983 and, that same year, established the Institute for Women's Issues, which has developed proposals and policies on equality through the Plans of Action for Equal Opportunities for Men and Women.

The Institute for Women's Issues cooperates with the autonomous communities through the Sectoral Women's Conference, which is chaired by the Minister of Labour and Social Affairs (to which the Institute is answerable) and in which the Ministry of Public Administration and the 17 autonomous communities, each with its own mechanisms for equality, participate.

The Institute for Women's Issues has two governing bodies: the Governing Council and the Directorate-General. The Council is made up of representatives of the Ministries of Public Administration, Foreign Affairs, Defence, Industry and Energy, Justice, Agriculture, the Economy and Finance, Education and Culture, the Environment, the Interior, Health and Consumer Affairs and of the Office of the President, and is presided over by the Minister of Labour and Social Affairs. The latter appoints six additional members known for their personal and professional record of work for gender equality.

The Governing Council is responsible for implementing the coordinated policy of the different Ministries concerning women's affairs, considering the objectives to be achieved and approving the annual performance plan, the annual report on management and operation, and the preliminary budget estimates and investments. The Directorate-General is responsible for representing and running the Institute for Women's Issues and has an organizational structure appropriate to those functions.

The Third Plan of Action for Equal Opportunities, which was adopted on 7 March 1997 and will continue until the year 2000, introduced integrated measures between all State bodies, the autonomous communities and civil society. Equality of opportunity between men and women is viewed from a gender-mainstreaming perspective in which the entire society is involved and given responsibility for achieving equality, thus ensuring that equality is not seen exclusively as a women's problem.

1. The development of specific measures to combat gender-based discrimination and to increase women's participation in all aspects of society.

2. The development of the principle of cross-cutting, which ensures that every activity involves the protection and guarantee of the principle of equal treatment, both in Spain and in comprehensive activities of cooperation with other Governments.

These goals are pursued in the context of a changing society and of developments in Europe, bearing in mind Spain's commitment to all the women in other parts of the world who face threats and who do not enjoy the same rights or status as women in our own society.

On the basis of those assumptions, numerous legislative reforms and policies have been introduced during the period covered by this report in order to promote equality of opportunity between men and women. Although the third periodic report was submitted in March 1996, which coincided with elections and therefore with a change of Government in Spain, the information it contained related to the period 1991-1995. The information included in this fourth report cover the period from January 1996 to September 1998. It must be borne in mind that, in addition to legislative and social reforms, there has been a major effort to incorporate a cross-cutting gender perspective into all Government activities during this period.

Although some of the information included under this section will be repeated in the detailed analysis of individual articles of the Convention, the purpose here is to provide general information on the current situation of women in Spain, which explains and justifies many of the measures adopted and legislative reforms enacted.

In Spain, a Population and Housing Census is carried out every 10 years. According to the most recent census, that of 1991, women make up 51 per cent of the total population and account for the majority of the population over the age of forty; below that age, men are in the majority.

Women are less numerous in rural areas than in urban areas, accounting for 49.78 per cent of the population in the former and 51.57 per cent in the latter.

Most widowed persons are women. There are 1,954,256 widows and 443,119 widowers, the former accounting for 81.52 per cent and the latter for only 18.48 per cent of all widowed persons.

The birth rate continues to decline, as it has done for the past few years. The average number of children per woman has fallen from 1.32 in 1992 to 1.12 in 1998. This decline in the birth rate is most evident among women under the age of 30.

Women marry at a younger age than men. In fact, the great majority of people who marry under the age of 25 are women, whereas men make up the majority of those who marry above that age.

Since the adoption of the Divorce Act in July 1981, there has been a progressive increase in separation and divorce decrees, and 86.85 per cent of single-parent families are headed by a woman. It must also be borne in mind that the greater the number of children, the more likely it is that a woman has primary responsibility for the family.

Women spend more time on housework than men and have less time for their own needs, study, gainful employment and leisure. Women spend seven times more time on housework per se than do men; in quantitative terms, this amounts to 4 hours, 24 minutes for women and 37 minutes for men.

Despite these statistics, however, there is a trend towards change and, as time passes, women and men are moving closer to an equal distribution of their time. In 1993, there was a considerable increase in men's participation in household tasks and a simultaneous decrease in the differences between the amount of time spent on study and gainful employment by men and women.

Although the report provides more detailed statistics on this topic, generally speaking, 895,200 women and 361,100 men in Spain are illiterate; this corresponds to 71.26 per cent and 28.74 per cent of the total illiterate population, respectively.

However, it should also be noted that the majority of university students are women, although there are variations by type of program at the undergraduate and graduate levels. Thus, women are in the majority in the health sciences (67.28 per cent), the humanities (66.89 per cent) and law and social sciences (57.45 per cent) but in the minority in the technical fields (22.66 per cent) and the experimental sciences (48.55 per cent).

Although women make up the majority of university students, they account for only 46.82 per cent of doctoral candidates; they make up the majority (57.48 per cent) of teachers at all levels.

Despite a recent increase in the number of women on the job market, their participation remains inadequate as compared with that of men.

The female employment rate has risen and is currently at 37.2 per cent; however, this is still 26.18 per cent less than that of men. Many women leave the job market after age 30; it should be noted that the higher the level of education of Spanish women, the higher their rate of employment.

In 1996, the employment rate was 26.22 for women and 52.55 per cent for men; the female employment rate rose by 3.8 per cent in 1997 and 1998. The gap between female and male employment rates is smallest in the service sector, where 80 per cent of Spanish women work; women make up 44.92 per cent and men 55.08 per cent of all workers in this sector.

Among self-employed persons, women are in the majority (58.92 per cent) only in the area of domestic service. Women account for 31.50 of all full-time and 75.16 per cent of part-time workers in this group.

More women work in the public than in the private sector; on average, women earn about 30 per cent less than men.

Women's life expectancy has risen since 1990; according to the most recent statistics, it is 81.03 years as compared to 73.28 years for men.

The most common causes of death among women are circulatory problems (46.21 per cent), tumours (20.52 per cent) and respiratory disease (7.65 per cent).

Approximately 50 per cent of women consume alcohol to some extent, but only 0.2 per cent can be characterized as heavy or excessive drinkers.

Women make up 16.17 per cent of all persons treated for drug addiction; the majority of them (95.35 per cent) are addicted to heroin. Most women admitted to treatment for drug use are between the ages of 20 and 34.

Women account for 18.63 per cent of persons diagnosed with acquired immunodeficiency syndrome (AIDS). This reflects a progressive increase since 1989, when the percentage was 16.38 per cent.

Lastly, women exercise less than men; 14.5 per cent of women and 27.2 per cent of men do so several times per month or per week.

In all political parties, women make up less than 50 per cent of the membership. Women's participation in political life has been increasing progressively but is still insufficient at the international, State and local levels.

Women account for the majority (50.25 per cent) of civil servants, including teachers, and 44.45 of civil servants other than teachers. It must be borne in mind that at level A, the highest, only 29.48 per cent of employees are women whereas at level D, that of support staff, they account for 52.90 per cent of employees.

Women receive only 29.56 per cent of all work permits issued to foreigners; however, in the case of foreigners from developing countries, they receive the majority of such permits.

Women make up 10 per cent of the total prison population. Offenses against public health are the most frequently committed by women (57.71 per cent), followed by offenses against public decency (30.82 per cent).

The last few years have seen a progressive increase in complaints of abuse of wives by their husbands. There were 16,378 such complaints in 1996, 18,535 in 1997 and 12,194 between January and August 1998.

Complaints of offences against sexual freedom have also increased during the past few years, reaching 4,860 in 1996, 5,950 in 1997 and 4,178 between January and August 1998.

	1996	1997	1998^a

Abuse (domestic violence)	16 378	18 535	12 194
Complaints of offences against sexual freedom	4 860	5 950	4 178

Between 1996 and 1998, there was an increase in non-governmental organization (NGO) funding of programmes to promote women's entry into society, employment and self-employment, literacy and education; the comprehensive care of women victims of violence; disease prevention and improved health for women; and dissemination of information concerning, and protection of the exercise of, women's human rights.

During this period, 354 NGOs financed 604 programmes to promote women's entry into society as a whole.

Protection has been provided not only to single-parent families, but also to gypsy and rural women.

Over 100,000 consultations have been provided through a toll-free hotline which functions around the clock.

The Institute for Women's Issues documentation centre has increased its holdings; its catalogue currently includes 13,917 books and reports.

Also worthy of mention is the strengthening of the Comprehensive Plan of Basic Social Services Benefits, which includes projects for, inter alia, the provision of equipment to social services centres, shelters, hostels and information and other services, on the basis of the agreements concluded between the Ministry of Social Affairs, the Autonomous Communities and local communities.

In 1996, 987 projects were financed through the Plan. In 1997, due to increased funding for that purpose in recent years, that number rose to 1,024.

The basic statistics show that during the period covered by this report, there has been a major increase in budgetary, human and material resources to ensure equality of opportunity between men and women in Spain in fulfilment of the commitments made by the Spanish Government and pursuant to the provisions of the Convention. What follows is an analysis of compliance with each of the articles thereof.

For the purposes of the present Convention, the term "discrimination against women" shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.

The concept of non-discrimination on account of sex is spelled out in article 14 of the Spanish Constitution (Spaniards are equal before the law and may not in any way be discriminated against on account of birth, race, sex, religion, opinion or any other condition or personal or social circumstance) and expanded in other articles of the Constitution concerning fundamental rights and freedoms, such as the right to participate on equal terms in public affairs (article 23), the right to education (article 27), the right to marry on a basis of full legal equality (article 32), the right to employment (article 35), as well as the protection of the family and the social function of motherhood (article 39), the right to health care (article 43), the right to a healthy environment (article 45) and the right to decent housing (article 47).

Moreover, Spain has signed and ratified international instruments that stress and guarantee equality; they include the Convention on the Elimination of All Forms of Discrimination against Women; the Convention on the Rights of the Child; the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights; the Optional Protocol to the International Covenant on Civil and Political Rights and the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty; the Convention on the Political Rights of Women; the Convention on the Nationality of Married Women; and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

These rights are all protected by law and the Constitution establishes a specific preferential and summary procedure for their protection, which is set forth in article 53.

With regard to the obligation of public institutions to act in accordance with the provisions of the Convention, during the period under review, the powers of autonomous communities in the area of equal opportunities have been maintained and promoted. These communities' machineries for the promotion of equality are part of the Sectoral Women's Conference which, as agreed at the second Sectoral Women's Conference, which was held on 29 October 1996 in Madrid, is responsible, inter alia, for evaluating and following up the commitments entered into at the Fourth World Conference on Women.

States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake:

(a)To embody the principle of the equality of men and women in their national constitutions or other appropriate legislation if not yet incorporated therein and to ensure, through law and other appropriate means, the practical realization of this principle;

(b)To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women;

(c)To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination;

(d)To refrain from engaging in any act or practice of discrimination against women and to ensure that public authorities and institutions shall act in conformity with this obligation;

(e) To take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise;

(f) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women;

(g) To repeal all national penal provisions which constitute discrimination against women.

As already indicated, the text of the Spanish Constitution specifically provides for the principle of equality and non-discrimination on account of sex; thus it can be said that current Spanish legislation is not discriminatory. Since the preparation of the third periodic report, work has continued on policies designed to promote the equal participation of women in society in terms of rights and equality of opportunity, the aim being to ensure that equality is genuine and not merely a matter of form.

In the area of legislation, amendments have been made in the following areas: criminal law, employment legislation, labour legislation, social reforms, including not only reforms that have already been approved but those pending approval.

I. As far as already approved reforms are concerned, the following should be noted:

The aim of the new Penal Code (Organic Law 10/95 of 23 November), which came into force on 25 May 1996, is to advance towards real and effective equality; this is in keeping with the duty which the Constitution imposes on public authorities.

Although the new Penal Code cannot be considered the best legal instrument for accomplishing this task, it can contribute thereto by introducing safeguards against discriminatory situations.

In addition to norms that provide for specific protection against discriminatory acts, a significant new development in the effort to achieve equality has been the new legislation governing offences against sexual freedom, whose premise is that the legal right protected is not the virtue of women but the sexual freedom of everyone.

The new legislation completely eliminates the violation that was inherent in the concept of a woman's virtue.

One of the new provisions introduced in the 1995 Penal Code has been the characterization of sexual harassment as a crime: anyone who solicits sexual favours for themselves or for a third party by taking advantage of their superior status in the workplace, as a teacher, or deriving from a similar relationship, stating or hinting that they might cause harm to the victim in connection with the expectations which the latter may have in the context of that relationship, shall be liable to a term of imprisonment of 12 to 24 weekends or to a sentence of 6 to 12 months for the crime of sexual harassment (article 184).

The new text of article 184 of the Penal Code characterizes sexual harassment as an independent offence provided that a relationship of subordination exists between harasser and victim and provided that there is evidence that rejection by the victim of the harasser's sexual advances would be prejudicial to that relationship.

The fact that a relationship of subordination has to exist between harasser and victim means that the new text of the Penal Code no longer covers the concept of sexual harassment in the workplace, namely, harassment that occurs between colleagues. Complaints of alleged sexual harassment in the workplace can only be lodged as unfair harassment, in cases of verbal offences, or as sexual assault or attack, in cases of physical contact.

Currently, there are few complaints of sexual harassment. The first sentence for sexual harassment was recently handed down (S.27 of April 1998, Barcelona court of first instance).

Crimes relating to prostitution are governed by articles 187 to 194 of the new Penal Code of 1995. Under the new regulation, inducing minors or mentally deficient persons into prostitution, using them as performers in public shows and coercing them by taking advantage of a situation of superiority or need are, for the first time, characterized as offences (arts. 187, 188 and 189).

Moreover, article 191 of the new Code provides that, in order to take legal action in connection with these offences, a complaint must be lodged by the victim, the victim's legal representative or the Ministry of Justice.

The fact that the Ministry of Justice can take action not only in cases relating to the protection of minors or mentally deficient persons but even where the victim is an adult is an important innovation.

The innovation of the new text of the Penal Code of May 1995 is that it characterizes as an offence liable to six months to two years of imprisonment or, alternately, a fine in place of a sentence of 6 to 12 months, serious discrimination in employment on the grounds of opinion, religion, ethnicity, beliefs, race or nationality, gender, sexual orientation, family situation, ill health, disability, avowed legal or trade union representation of workers, being related to other staff members, or use of any of the official languages of the Spanish State (art. 314).

The new text of article 314 gives broader protection to workers of both sexes from possible discrimination at work since it fully covers all situations in which workers could be discriminated against. Nevertheless, the new wording makes the possibility of reporting discrimination contingent upon such discrimination being serious and on the existence of a prior administrative order; this indicates a limitation on the good intentions of the law, since the determination of the seriousness or otherwise of the facts is inevitably based on subjective criteria.

In practice, this article has not been used to hand down any sentences in matters of equality.

Pursuant to the final provision of the first part of Act 35/1995 of 11 December concerning assistance to victims of violent crimes, the Government adopted the regulations on assistance to victims of violent crimes and of violations of sexual freedom (R.D.738/97 of 23 May) for the development and implementation of the Act.

The regulations cover specific questions provided for by the Act, basically concerning procedures, determination of proportions and sums of money, as well as the membership and functioning of the National Commission on Aid and Assistance to the Victims of Violent Crimes and of Violations of Sexual Freedom; the Institute for Women's Issues is a member of this newly established administrative body that is solely responsible for dealing with any complaints that might be made throughout the country with respect to violent crimes and violations of sexual freedom.

The Council of Ministers adopted on 10 October 1997 a draft organic law on the reform of title VIII, chapter II of the Penal Code which is still pending in Parliament. The proposed amendments are as follows:

A definition of sexual harassment that is broader than the current wording of article 184 is proposed; it includes sexual harassment in the workplace, defined as harassment occurring between persons where there is no superior/subordinate relationship.

Prostitution is one of the areas affected by the reform of the current Penal Code. As in the case of sexual harassment, article 187 and subsequent articles broaden the definition and introduce new offences. Thus, under the new text, a penalty shall be imposed on any person who induces, promotes or facilitates prostitution of adults, whether or not by trickery, coercion, intimidation, or by taking advantage of the victim's vulnerable position. Where there is a combination of all these circumstances, a heavier penalty is imposed.

Moreover, unlike the previous codes, article 182.2 defines trafficking in human beings for the purpose of sexual exploitation, both within and outside the national territory, as a crime.

Any behaviour intended to persuade minors and mentally deficient persons to enter into prostitution or to continue practising it, shall result in a heavier penalty. Moreover, the reproduction, sale, distribution, exhibition or possession of pornographic material, as well as the existence of shows where such minors are made to perform are punishable offences since they violate the decency of such minors.

Lastly, articles 188 bis 1 and 189 bis 2 define what is considered, within the meaning of title VIII, as acts of prostitution and acts of corruption. Thus, acts of prostitution are sexual acts carried out indiscriminately with one or more persons for a consideration or other types of remuneration or promise of economic gain. Acts of corruption are acts intended to introduce minors or mentally deficient persons at an early age to sexual activity and sexual acts, the intensity, persistence or continuity of which is likely to change the normal development of their personality.

In addition to the draft law adopted by the Council of Ministers, attention is drawn, with regard to the protection of the victims of abuse, to the preliminary draft of the organic law on the reform of the Criminal Code and the Code of Criminal Procedure, currently at the proposal phase. The purpose of the amendments is to ensure that procedural and substantive criminal law addresses instances of domestic violence and takes into account the needs of the victims of such violence. The following are the amendments proposed under the preliminary draft:

In addition to the provision of the Penal Code that bars the perpetrator from residing in or approaching specific areas, the preliminary draft expressly prohibits the perpetrator from approaching the victim in or outside her or his home for the duration of the sentence. Apart from depriving the perpetrator of his or her rights, this measure is also an accessory penalty for violent offences (art. 57 of the Penal Code).

Article 13 of the Code of Criminal Procedure concerning the preliminary steps that a judge may take when he or she has knowledge of the commission of an offence is also to be amended to provide for the issuance of a restraining order as a precautionary measure. A new article - 544 bis - thus provides for a restraining order on those released on bail.

It is proposed that the current text of article 153 of the Penal Code (domestic violence), which covers only physical abuse, should be amended to include mental abuse.

It is proposed to amend articles 617 and 620 of the Penal Code in order to provide for mechanisms to ensure that the penalties imposed on perpetrators reflect the economic damage that their actions cause to the victims.

Articles 620 of the Penal Code and 104 of the Code of Criminal Procedure are amended to reflect the fact that the offence of ill-treatment shall be officially prosecuted.

This Act regulates incentives in the field of social security and tax incentives in order to promote hiring for indefinite periods and job stability, repeals the Act of 30 July 1992 on urgent measures, except for transitional provision No. 2, and encourages the hiring for indefinite periods of women who have been unemployed for a long time in occupations and trades in which women are under-represented. In accordance with this objective, we are carrying out a legislative reform which favours the employment of women by promoting their integration into the workforce. While this is not a reform that is specifically directed against discrimination, it should be understood that, inasmuch as it promotes employment, it fosters equality of opportunities between men and women and, therefore, has been included in this section.

Article 3.1 Contracts initially concluded for an indefinite period in accordance with the current regulation shall grant entitlement, while they are in effect, to the following rebates on the social security contributions paid by employers for shared contingencies according to the groups affected (...).

(b) In the case of unemployed persons under 30 years of age who are registered with the Employment Office, the rebate shall be 40 per cent for a period of 24 months after being hired.

When such hiring involves women in order to provide services in occupations or trades in which women are under-represented, the rebate shall be 60 per cent for a period of 24 months after they have been hired.

Article 3.2 The conversion of temporary contracts and fixed-term contracts into contracts for indefinite periods shall grant entitlement, while they are in effect, to the following rebates on the social security contributions paid by employers for shared contingencies:

(a) (...) when conversion involves women who provide services in activities or trades in which they are under-represented or whose contracts are converted into indefinite ones in order to provide services in such activities or trades the rebate shall be 60 per cent during the 24 months following conversion.

In order to identify the occupations and trades in which women are under-represented, the Order of 16 September 1998 was approved to promote stable employment for women in occupations and professions where there is a smaller proportion of employed women, identifying those that are excluded from the incentives indicated in Act No. 64/1997 of 26 December (article 3 (a)).

The Order of 10 September 1998 was also adopted in order to promote the hiring of women for indefinite periods in professions and occupations in which there is a smaller proportion of women. Its purpose is to identify the occupations and trades in which women have a low rate of employment in order to apply the rebates provided for under the labour reform to the hiring of women in such occupations:

Sixty per cent of the social security contributions paid by employers for common contingencies, both with regard to initial hiring as well as the conversion of temporary contracts into indefinite ones (article 3, paragraphs 1 and 2, of Act No. 64/1997).

Fiscal incentives: women who are hired in these professions are not considered salaried workers for the purpose of determining net earnings from the activities to which they are applicable and for which the procedure based on the use of indexes, rates or patterns in the method for objectively estimating the income tax of individuals has not been waived (article 3.3 of Act No. 64/1997).

In the same way, the situation with regard to part-time work directly affecting women has been reviewed. The reform in this field aims to put part-time contracts with shifts shorter than 12 hours per week or 48 hours per month on an equal footing with the general system of benefits. This objective has been laid down in Royal Decree Law No. 8/1997 of 16 May, which determines the period for adopting the necessary provisions that make coverage for all contingencies effective for these workers.

Royal Decree No. 489/1998 of 27 March further develops Act No. 63/1997 of 26 December in the field of social security with regard to part-time contracts and modifies other aspects of the legal regime applying to part-time workers. Among other measures, article 2 recognizes the right of persons hired on a part-time basis to maternity benefits.

While this is not a regulation which specifically refers to non-discrimination, the measures that it establishes are designed to facilitate the integration and, in other cases, the retention of women in the labour market, which entails a clear policy favouring equality of opportunities.

Royal Decree Law No. 11/1998 of 4 September has been adopted and regulates rebates on social security payments in respect of temporary contracts concluded with unemployed persons in order to replace workers during periods of leave for maternity, adoption and fosterage.

The objective is to promote equality of opportunity between men and women with regard to access to employment and encourage enterprises to hire women, while at the same time protecting maternity.

In order to ensure that employers do not regard maternity as a handicap lessening an enterprise's efficiency, incentives are provided in respect of contracts to replace workers who are absent in order to care for children. In this connection, a measure called "zero cost" has been adopted. It exempts enterprises which conclude contracts with persons to whom guidelines 1 and 2 apply, to replace workers during periods of maternity or adoption leave, from the payment of employer contributions to social security.

Under the agreement of 13 March 1998, the Council of Ministers adopted the new Vocational Training Programme, which is basically designed to consolidate an integrated vocational training system consisting of three parts: initial, occupational and ongoing vocational training.

The Programme constitutes a basic part of the active policies aimed at promoting stable employment, the professional and social advancement of instructors and trainees, and the development of the human resources of enterprises.

The objectives of vocational training explicitly include measures to provide such training to groups requiring it in accordance with the principle of equality of treatment and opportunities in the labour market, with specific reference to women. The same is to be said of ongoing training, whose measures include increased participation in the training initiatives of groups of workers subject to greater risk of job instability or exclusion from employment, which include women.

The Spanish Government recently adopted, on 15 April 1998, the Action Plan for Employment in accordance with the commitments undertaken at the Luxembourg Summit Meeting, held on 20 and 21 November 1997. The Plan includes key component IV, which is exclusively designed to strengthen policies for ensuring equality of opportunities, and there is a proposal to incorporate the principle of mainstreaming into all the other key components, which contain various proposals relating to employment.

The Plan includes legislative reforms and political action programmes. We have referred to some of these reforms in earlier sections and the remaining ones will be explained in detail in considering the Convention's other articles.

With regard to the information provided in the previous report concerning various labour regulations adopted during the period under review in that report (Act No. 8/1992 of 30 April on the amendment of the Workers' Statute and the Act on Measures for the Reform of the Public Administration with regard to leave; Act No. 11/1994 of 19 May, which amends article 28 of the Workers' Statute; Act No. 4/1995 of 23 March on the regulation of parental and maternity leave; the new, revised text of the Workers' Statute Act, adopted by Royal Legislative Decree No. 1/1995 of 24 March), it should be pointed out that the work of further developing these regulations has continued. In specific terms, we can provide the following information.

With regard to family and professional responsibilities, the preliminary draft of the Act on measures to reconcile the professional and family responsibilities of workers has been drawn up and is designed to adapt Spanish legislation to Community guidelines No. 96/34 on parental leave and No. 92/85 of 19 October 1992 on health and safety in work carried out by pregnant women and to eliminate discrimination in the hiring of women and protect the social function of maternity.

The basic aim of the proposed reform is to enable workers of both sexes to reconcile their professional and family lives. In addition, it seeks to take into account the premise set forth in Council guideline No. 96/34, that parental leave should be regarded as the individual right of every worker.

With regard to the protection of maternity, it should be pointed out that the social function of maternity is recognized constitutionally in Spain under article 32 of our Constitution.

In addition to the reforms indicated, consideration has also been given to the right to maternity benefits for persons hired on a part-time basis.

Furthermore, community legislation, which is immediately applicable in Spain, specifically prohibits dismissal for requesting or receiving maternity or parental leave, except for unrelated, non-discriminatory reasons.

The said reforms, which are included in the preliminary draft of the Act on incentive measures to reconcile the professional and family responsibilities of workers, have amended the Act on prevention of labour risks (Act No. 3/1995 of 8 November) by providing for a declaration of labour disability when a pregnant woman works at a job that could adversely affect her health or that of her unborn child and when the enterprise is unable to offer her a position that is compatible with her pregnancy, and also by specifically prohibiting dismissal.

Act No. 66/1997, of 30 December, on fiscal, administrative and social measures has been adopted. Article 47 of the Act amends the General Social Security Act by establishing the conditions for receiving unemployment, temporary disability and maternity benefits.

In addition, there are two other provisions which, under the equality and non-discrimination regime, establish the conditions for receiving widows and orphans pensions. Specifically, articles 174 and 175 of the General Act lay down the minimum contribution period required in order to receive such pensions.

It should also be pointed out that, under article 42 of Act No. 65/1997, of 30 December, on the General Budgets for 1998, and Royal Decree No. 4/1998, of 9 January, on the revaluation of social security system pensions for 1998, the minimum widow's pension for women under 60 years of age is gradually being equalized with the amounts set for beneficiaries between 60 and 64 years of age, provided that they have dependents and that their income does not exceed the ceiling established each year under the State General Budgets Act for approving minimum supplementary payments.

In the case of orphans' pensions, favourable changes have been introduced with regard to the requirements for receiving such pensions, in respect of age and the amounts concerned.

In addition to the legislative area per se, the Spanish Government has approved measures aimed at fulfilling the provisions contained in the subparagraphs of article 2 of the Convention.