Before the Organic Act 1/2004 was passed at the end of 2004, a pioneering law with a comprehensive approach to combating gender-based violence against women, there were hardly any state measures against violence against women in Spain. A law regulating protective orders in cases of domestic violence has only existed since 2003.
The adoption of the “Organic Act 1/2004” brought about a paradigm shift: gender-based violence Previously considered a "private matter" to be resolved "behind closed doors" within the family and therefore requiring no state intervention, gender-based violence has since been recognized as a societal problem. It is seen as an expression of... DiscriminationGender-based violence is defined as inequality and unequal power relations between men and women and as a form of violence specifically directed against women because of their womanhood (preamble to the law). However, the scope of the law remains limited: gender-based violence is defined exclusively as violence perpetrated by (former) partners against women; other forms of violence against women are excluded.
The aim of the law is to combat gender-based violence through comprehensive protective measures – with the goal of preventing, punishing, and eliminating this violence, as well as supporting women and children (Article 1). A key aspect is the holistic approach, which provides for prevention, protection, and prosecution within a framework of coordinated measures to ensure an effective chain of action. Another key aspect is the recognition of a wide range of rights for victims, including the right to information and to specialized, comprehensive support such as free legal advice and medical care.
The law also enshrines labor and economic rights, social benefits, and, more recently, the right to reparations. As a result of these provisions, a broad network of specialized support services has been established, including crisis centers, shelters, and long-term reception facilities. As part of this specialized support, and in addition to it, the law created specialized support bodies, including specially established courts, public prosecutor's offices, forensic units, and police forces.
The law also contains guidelines for the prosecution of perpetrators, primarily criminal measures such as protective orders. These orders prohibit, for example, entering certain places and cities, approaching or contacting the victim, and may also include eviction from the shared residence or electronic surveillance. Furthermore, the monitoring system VIOGEN was developed—a probability-based tool for assessing the risks faced by victims. It coordinates their protection and monitors protective orders. VIOGEN brings together all relevant stakeholders in victim protection and integrates the information necessary for effective risk assessment and protective measures.
In the area of prevention, the law includes measures for education, health, and media, such as prevention and early detection protocols in schools and healthcare, awareness campaigns in the media, and the removal of sexist content from media and advertising. As a tertiary prevention measure, the law provides for programs to work with perpetrators in order to prevent further violence.
The Organic Act 1/2004 originally stipulated that women affected by violence had to present either a protection order or a court judgment against the perpetrator in order to claim the rights it provided. In practice, this meant that a formal application – either from the victim herself or from another person – was required to obtain full rights and benefits.
This hurdle quickly proved to be a burden for those affected and was criticized by feminist organizations and experts as a major obstacle. The law was amended to allow assessments of the violence situation to also be conducted by specialized counseling centers. However, for some rights—such as access to social housing—a protection order or a court ruling is still required.
The coordination of measures is a central principle of the law (Article 2) and is also recognized as a right of those affected. To this end, the law emphasizes the need for cooperation between specialized counseling centers, the police, courts, health services, and free legal aid (Article 19.4), and especially between security authorities, to ensure the implementation of court orders (Article 31). Cooperation plans and procedures are intended to clearly define tasks, responsibilities, and processes (Article 32).
As a result of these provisions, a federal, interdepartmental coordination structure was established, including the Government Delegate for Violence Against Women (responsible for the overarching coordination of national policy), local coordination mechanisms against gender-based violence, and regular, cross-sectoral case conferences. The aim is to guarantee the exchange of information, cooperation, and the continuous improvement of protective measures. The strength of the Spanish model lies in its holistic and coordinated approach – with measures at multiple levels that link prevention, protection, and prosecution, and clearly define the responsibilities of various actors and institutions.
However, even 20 years after its enactment, not all provisions have been implemented. Systemic deficiencies continue to lead to retraumatization of victims and institutional violence, revealing the lack of implementation by the institutions involved. A further shortcoming is the absence of systematic monitoring or evaluation of the legal and political measures, which limits the state's accountability.
Despite these shortcomings, the law provides a solid framework for the protection of women – feminist organizations will continue to fight for its full implementation.
Text: Virginia Gil, Director of the organization “Fundación para la Convivencia ASPACIA"
Translation: Noah Petri, Project Manager for “Access for ALL Women” at Women’s Shelter Coordination Association
Photos: Solidarity in Safe Spaces - Laura Volgger
This text is an article from our 2025 specialist information publication "Protection against violence and (high) risk management".
Quality recommendations
Current women's shelter statistics
