Noelia Lopez |
Madrid (EFE).- The Ombudsman has alerted the Government that the “differences in criteria” between the ministries are harming the victims of sexist violence and the credibility of the protection system and has urged it to reform the comprehensive law against gender violence.
In a letter sent to the Undersecretary of the Presidency, Ángel Gabilondo asks it, within the framework of its inter-ministerial coordination powers, to take the appropriate measures to reform the aforementioned law in order to care for and protect the direct and indirect victims of all forms of gender violence.
The comprehensive law, approved in 2004, focuses on women assaulted by their partners or ex-partners, but the Istanbul Convention, ratified by Spain, requires including all victims of sexist violence. The Ministry of Equality proposed a reform in this regard in 2021, but the initiative has not prospered.
The origin: Double sexist murder in Vitoria
After the Ombudsman’s recommendation to the Government is the complaint of a man from Vitoria. In 2018 her mother and her sister were murdered by the latter’s ex-partner.
Two children were orphaned and he, the uncle, took care of them along with his grandfather, who was left a widower.
It was the grandfather who asked the Treasury for help as an indirect victim of a violent crime for the death of his wife, help that is granted regardless of the economic situation of the affected person in cases of gender violence.
He had up to three negative resolutions: his wife could not be considered a victim of gender violence, since according to article 1 of the comprehensive law, they have had to be linked to the aggressor by an affective relationship.
With the definitive “no” from the Ministry of Justice, the family went to the Ararteko -Ombudsman of the Basque Country-, from where the case reached Gabilondo’s office.
Equality and Justice agree, but they do not see themselves as competent
The Ombudsman addressed the Ministries of Justice and Equality to urge them to carry out the necessary legislative reforms to expand the scope of protection of that article and, while the modification does not take place, guarantee care for these direct and indirect victims of other forms. of gender violence not included in the law.
But, he indicates, both departments rejected his recommendations because, “although they agree with their content, they do not consider themselves competent to carry them out.”
The Secretary of State for Justice expressly told him that the competent department was the Secretary of State for Social Security and Pensions, of the Ministry of Inclusion, which accepted the recommendation, but that it did not consider itself competent either “because it is a multidepartmental issue and it does not has the necessary coordination powers.”
Equality indicated to the Ombudsman that, in this case, the man should have been a beneficiary of the aid.
“All this denotes the differences in criteria on these issues that are taking place between ministerial departments, with the consequent damage, not only to users, but to the credibility of the protection system created by the Law,” Gabilondo alerts the Presidency, recipient Now for your recommendations.
Less than two weeks ago, Inma, sister and daughter of the fatalities following this case, spoke with EFE, who recounted the endless and costly bureaucratic and judicial procedures that the family has had to face since that April 20, 2018 in which her ex-brother-in-law committed the double murder.
Despite recognizing the steps forward that have been taken since then, with regulatory improvements such as the recognition of orphans as victims of sexist violence and the increase in the pensions that remain, the entire journey has been “a nightmare.”
From requesting custody of the children to seizing the assets of the murderer, sentenced to 47 years in prison four years after the crime. «He had time to sell an apartment, a car and to get the money out of his account before it was frozen. If you get rid of the money you are insolvent and they cannot even compensate anyone », he denounces.
Among his requests to the administrations, simplify and reduce procedures, also to avoid having to “go from institution to institution telling the story over and over again.”