Law 17/2015 of 21 July, on effective equality between women and men

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1 Law 17/2015 of 21 July, on effective equality between women and men Passed by: Plenary Assembly of the Parliament of Catalonia Sitting 57, 08/07/2015, DSPC-P 115 Publication: Official Gazette of the Parliament of Catalonia (BOPC) 651; Official Journal of the Catalan Government (DOGC) 6919, 23/07/2015 Correction of errata: BOPC 669 PREAMBLE The fundamental right of equality between women and men is a prime value for democracy and an essential need in a modern democratic society that wishes to eradicate the androcentric and sexist patriarchal system. In order to fully implement this right, it must not only be legally recognized but also exercised effectively, involving all aspects of life: political, economic, social and cultural. Despite numerous examples of formal recognition and progress that have been made to date, the equality of women and men in daily life is still not a reality. In practice, women and men do not enjoy the same rights, because there are persistent political, economic and cultural inequalities, such as wage differentials and lower representation in politics. These inequalities are the result of social structures based on numerous stereotypes that are present in areas such as the family, education, culture, the media, the workplace and social organization. It is possible to act in all these areas by taking a new approach and carrying out structural changes. The local and regional authorities, which are the spheres of government that are closest to the people, are the best-placed levels of intervention to combat the persistence and reproduction of inequalities and to promote a truly egalitarian society. In their area of competence and in collaboration with all social actors, they can take concrete actions to promote equality between women and men. Therefore, this law draws on principles of the European Charter for Equality of Women and Men, understood first as a fundamental right that must be applied in all fields in which public authorities have responsibilities, including their obligation to eliminate all forms of discrimination, whether direct or indirect. To ensure an effective equality of women and men, in addition to discrimination based on sex, other issues such as multiple discrimination and situations of disadvantage on grounds of race, colour, ethnic and social origin, genetic characteristics, language, religion, convictions, political or other opinions, membership of a minority, skills, birth, disability, age, sexual orientation or economic status must also be taken into account. Equal representation and participation of women and men in all areas of decision-making are a prerequisite for achieving a truly democratic society, so the public authorities of Catalonia shall take the necessary measures and adopt appropriate strategies to ensure them. Furthermore, the elimination of gender stereotypes is essential for the effective implementation of equality between women and men. Therefore, the administrations and public authorities of Catalonia shall do everything possible to remove the stereotypes and obstacles underlying inequalities in the status and position of women that lead to an unequal appreciation of the roles of men and women in the political, economic, social and cultural spheres. Similarly, the gender dimension must be incorporated in all activities and all policies, and in the methods and instruments that affect the daily lives of citizens. Thus, the life of women and men must be analysed taking into account the context, the realities, the needs, and the social, political and economic position that they occupy, and the necessary measures must be taken to transform opportunities and institutions in order to go beyond an androcentric system. Because it is a structural paradigm that is expressed across the political, legal, social and economic systems, measures of various types and natures must be established. Indeed, in order to achieve equality between men and women, this law aims to strengthen the measures and specific mechanisms for ensuring that the public authorities of Catalonia carry out policies and actions to 1

2 eradicate the phenomenon of inequality between women and men, which puts women in a position of social and economic subordination and disadvantage in comparison with men and prevents women from exercising their full rights as citizens. In short, this law must bring a benefit to all people, women and men, because it must lead to the building of new patterns of relation between men and women based on respect and equity. It must also help improve society and make it more democratic, fair and supportive. This law was not drafted de novo, but was inspired by the historic demands of the feminist movement, women s associations, and other associations fighting for women s rights. Throughout its history, the Generalitat of Catalonia has taken responsibility for promoting the role of women. Since the Statute of Autonomy of 1979, specific laws on this subject have been drafted, including Law 11/1989 of 10 July, creating the Catalan Women s Institute; Law 4/2001 of 9 April, amending paragraph 2 of Article 63 of Law 13/1989 of 14 December, on the Organization, Procedure and Legal System of the Administration of the Generalitat of Catalonia, which establishes, for the first time in Europe and the Spanish State, the gender impact reports that must accompany all regulations made by the Administration of the Generalitat, and Law 5/2008 of 24 April, on Women s Right to Eradicate Gender Violence. There are also actions of the Government that must be considered not only as antecedents but also as pre-regulatory content, such as the plans of policies for women, which are a cross-cutting tool for the application of the gender equality policies of the Government of the Generalitat. The approval of the Law on Effective Equality Between Women and Men is inspired by the above statutory and legal provisions on gender and women s rights, with the aim of complying with them. It is an extraordinary, internal regulation, made in accordance with the powers of self-government of Catalonia, which complements the regulations on parity and falls within the category of a specific, complementary regulation of Organic Law 3/2007 of 22 March, for Effective Equality Between Women and Men. It includes substantial legislative changes to move towards effective equality, and cross-cutting measures in all spheres of life in order to eradicate discrimination against women, in addition to adapting to the European Union regulatory framework and to the most advanced objectives in terms of gender mainstreaming set by various institutions of the European Union. Formally, this law is composed of 64 articles divided into five chapters. The Law concludes with seven additional provisions, two transitional provisions, one repeal provision and five final provisions. Chapter I, General Provisions, determines the object, general aims and scope of the Law. This chapter identifies the governing principles for the action of the public authorities of Catalonia in relation to effective equality between women and men. It also establishes mechanisms to ensure the incorporation of the gender perspective in public policies, impact assessment and recognition of associations. Chapter II determines the powers of the Administration of the Generalitat and the local authorities regarding equality policies. It also establishes the organizational framework for promoting, developing and assessing public actions and policies in order to promote the equality of women and men in Catalonia, and introduces mechanisms for gender mainstreaming. Chapter III refers to the mechanisms for guaranteeing the right to effective equality between women and men in public administration through public procurement policies, subsidies, aid, administrative grants and licences, parity appointment to decision-making bodies, and equality plans for staff in the public administrations of Catalonia, the institutions of the Generalitat, the social partners and non-profit organizations. It also refers to the impact of gender in budget laws. Chapter IV establishes the public policies for promoting effective equality in the various areas of action: Section one is devoted to political and social participation to ensure women s right to social participation. Section two determines the guarantees to ensure educational formation based on co-education and establishes the obligations in relation to cultural expressions, the media and information and communication technology in the sphere of universities and research through gender mainstreaming in all university studies and in sports. Section three, on the right to equal opportunities at work, establishes measures to ensure equality between men and women in access to work, vocational training, professional promotion and working conditions. It also includes measures on health and safety at work and measures of protection against sexual harassment and harassment on grounds of sex. In addition to the general duty of companies to respect the principle of equality in employment, it specifically establishes the duty to adopt and apply equality plans in companies with over two hundred and fifty workers. Section four provides the steps necessary for the reorganization of the uses of time, social policies that take into account the special needs of certain groups of women, policies to promote and support women in the sectors of agriculture, forestry 2

3 and fisheries, and policies empowering women in the field of development cooperation, health policies, and family services. Section five contains specific measures on the environment, urban planning and housing. Section six deals with justice and security policies, and Section seven regulates the adaptation of statistics and studies to the gender perspective. Chapter V establishes measures to ensure the application of the Law and contains three sections: the first deals with the Ombudsman; the second deals with the Gender Equality Observatory; and the third deals with the penalty system. CHAPTER I. GENERAL PROVISIONS ARTICLE 1. OBJECT AND AIMS 1. The object of this law is to establish and regulate the mechanisms and resources to make effective the right to equality and non-discrimination on grounds of sex in all spheres, stages and circumstances of life. 2. The aims of this law are the following: a) To eliminate the discrimination, inequality and invisibility generated by the patriarchal nature of society that women have suffered throughout history. b) To recognize and take into account the social and economic role in family, domestic and personal care work that has traditionally been played by women. c) To foster a jointly responsible distribution of market employment and domestic and personal care work between women and men, in the framework of a sustainable model of society. d) To foster a favourable framework for the role of women to contribute its full potential to progress and to social and economic transformation. e) To guarantee that public policies do the following: 1st. Remove the barriers imposed on grounds of sex, which hinder the full exercise of people s rights. 2nd. Help eradicate the cultural stereotypes that perpetuate gender differences. 3rd. Guarantee the free development of people s autonomy and capabilities and the effective exercise of full citizenship based on respect for diversity and difference. 4th. Allow women and men, on the basis of diversity, to participate in conditions of effective equality in family, political, social, community, economic and cultural life. 5th. Affirm and guarantee the autonomy and freedom of women to develop their skills and interests and govern their own lives. 6th. Establish the conditions to eliminate any type of discrimination of women and to promote their empowerment. 7th. Mainstream the gender perspective in all areas. f) To address, prevent and eradicate all kinds of male violence against women and children, in accordance with the regulations currently in force. g) To recognize the right of women to their own bodies, the right to free development of sexual identity and orientation, and sexual and reproductive rights, and to guarantee the free choice of people in exercising them. h) To promote public policies aimed at repairing the historic deficit suffered by women in the redistribution of wealth, and to prioritize the adoption of measures to combat the feminization of poverty, with special attention to the situations of greatest vulnerability. i) To promote an egalitarian model of relations between people and to eradicate the relations of gender dominance and exploitation imposed by the patriarchal system. j) To support families, insofar as they are an effective tool for correcting inequalities. k) To regulate a system of parental leave that guarantees an equitable distribution of responsibilities towards children between men and women. 3

4 ARTICLE 2. DEFINITIONS For the purposes of this law, the following shall be understood: a) Public authorities: the institutions, statutory bodies and public administrations of Catalonia and the agencies and organizations that depend on them, and any body or entity considered as the public sector or a contracting authority according to the subjective scope established by Article 3 of the recast text of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November. b) Market employment: all paid activities that produce goods and services in the labour market. c) Domestic and personal care work: all unpaid activities related to domestic work and attention to and care of family members, which form the basis of the labour market because they make it possible for people to remain in the best conditions of health and education in order to be productive in the labour market or to be so in the future. Domestic and personal care work, which has traditionally been assigned to women, includes tasks such as hygiene and home maintenance; housekeeping; care, including that of children and other dependants; the management of medical issues, education and training; and all general actions that seek family welfare. d) Co-education: educational action that promotes equal opportunities and gives the same value to the experience, skills and social and cultural contribution of women and men, with equal rights, without sexist, homophobic, biphobic, transphobic or androcentric stereotypes or discriminatory attitudes on grounds of sex, sexual orientation, gender identity or gender expression. e) The gender perspective: the consideration of the differences between men and women in a field or activity for the analysis, planning, design and execution of policies, taking into account the way in which the various activities, situations and needs affect women. The gender perspective allows women and men to be seen in their biological, psychological, historical, social and cultural dimension, and also reveals lines of reflection and action for eradicating inequalities. f) Gender equity: fair distribution of the rights, benefits, obligations, opportunities and resources on the basis of recognition and respect for the difference between women and men in society. g) Gender equality: equality of men and women in the opportunities for personal development and decisionmaking, without the limitations imposed by traditional gender roles, for which the different behaviours, aspirations and needs of women and men are equally considered, valued and favoured. h) Balanced representation: a situation that guarantees the presence of women in an appropriate proportion in every circumstance. i) Equal representation: a situation that ensures a presence of women and men in which no sex has more than 60% or less than 40% of all persons referred to, and that should strive to achieve 50% of people of each sex. j) Gender stereotypes: simplified images attributing set roles of behaviour that are supposedly «correct» or «normal» of the people in a particular context on grounds of their sex. Gender stereotypes are the basis of discrimination between men and women and help justify and perpetuate it. k) Direct discrimination: the situation of a person who is, has been or may be treated, on grounds of sex or circumstances directly related to their biological condition, less favourably than another person in a similar situation. Discriminatory measures on grounds of sex do not include those that involve a different treatment for men and women but have an objective and reasonable justification, such as those based on affirmative action for women, the need for special protection for biological reasons or the promotion of shared responsibility of women and men in housework or personal care. l) Indirect discrimination: a discriminatory situation created by a supposedly neutral provision, criterion, interpretation or practice that may cause greater damage to people of one sex, unless it is appropriate and necessary and can be justified by objective criteria that are not related to gender issues. m) Multiple discrimination: a situation in which a woman suffers aggravated and specific forms of discrimination for belonging to other groups that also tend to be discriminated against. n) An order to discriminate: any statement that implies discrimination, whether direct or indirect, on grounds of sex. 4

5 o) Harassment on grounds of sex: any behaviour that, on grounds of a person s sex, has the aim of violating their dignity or their physical or mental integrity or of creating an intimidating, hostile, degrading, humiliating, offensive or unpleasant environment, or that has the same effects, according to the provisions of Article 5 of Law 5/2008 of 24 April, on Women s Right to Eradicate Gender Violence. p) Sexual harassment: any verbal, non-verbal or physical behaviour of a sexual nature that has the aim or effect of violating a person s dignity, especially if it creates an intimidating, hostile, degrading, humiliating or offensive environment, without prejudice to the provisions of the Criminal Code and in accordance with Article 5 of Law 5/2008. ARTICLE 3. PRINCIPLES OF ACTION OF THE PUBLIC AUTHORITIES In compliance with the principle of the gender perspective referred to in Article 41 of the Statute of Autonomy, and to achieve effective equality between women and men without any type of discrimination on grounds of sex or gender, the provisions of this law and all policies and actions of the public authorities will be governed by the following principles: One. Mainstreaming of the gender perspective and gender equality policies: the public authorities shall apply the gender perspective and the perspective of women in actions at all levels and in all stages, recognizing the value contributed by women and men and applying positively any necessary changes to improve society, respond to realities and opportunities, and meet the needs and expectations of both sexes. Two. A balance between market labour and domestic and personal care work, and shared responsibility in work: the public authorities shall ensure compliance with the principles of equal opportunities between women and men at work and non-discrimination because of pregnancy or maternity, and shall recognize the value of domestic and personal care work with the aim of achieving a new balance in the distribution of working time, and an equitable distribution and shared responsibility of market employment and domestic and personal care work between men and women. Three. Eradication of gender violence: public authorities shall ensure that they deal comprehensively with all forms of gender-based violence, especially violence against women and sexist, misogynistic and discriminatory actions. Four. Empowerment of women: public authorities shall support women in the process by which they strengthen their potential and autonomy, know better their skills, and actively participate in overcoming the obstacles that are the basis of the undervaluation that they have suffered throughout history. Five. Parity democracy and equal participation of women and men in public affairs: public authorities shall promote the participation of groups and associations that defend the rights of women in the development and evaluation of public policies. They shall also promote equal representation in the composition of collegial, management, participatory, representative, advisory, technical, scientific and legal bodies, and in areas of decision-making. Six. Women s perspective: public authorities shall assert the contributions of women in the construction, maintenance and transformation of society; make visible and recognize the territorial, cultural, ethnic, religious, personal and socioeconomic differences, singularities and particularities, and those of age, state of health, sexual orientation and sexual identity of women and men without exception; recognize women as social, economic and political individuals; and highlight the life experiences of both women and men. Seven. Social justice and redistribution of wealth: public authorities shall guarantee an equitable distribution of resources and the proper exercise of rights and duties, with corrective and distributive policies that encourage prevention and act against the exploitation and social exclusion of women. Public policies must protect primarily women with dependent children, and in the distribution of wealth they must give priority to combating the feminization of poverty. Eight. Use of non-sexist or stereotypical language: public authorities as defined in Article 2.a shall make a non-sexist use of language that avoids the expression of sexist notions of reality and androcentric uses and those with gender stereotypes, and shall promote language that is respectful to women, minorities and all people in personal attention and in written, graphic and audiovisual documents. The public authorities shall train staff in the respectful and inclusive use of language. 5

6 ARTICLE 4. RECOGNITION OF ASSOCIATIONS FOR THE DEFENCE OF WOMEN S RIGHTS 1. For the defence of the right to effective equality between women and men referred to in this law and the rights under it, associations for the defence of women s rights are considered legitimate stakeholders for the purposes of the provisions of Article 31.1.c and 2 of State Law 30/1992 of 26 November, on the Legal Regime of Public Administrations and the Common Administrative Procedure in the Sphere of the Catalan public Administrations. 2. Recognition of associations for the defence of women s rights as stakeholders is subject to the consent of the person concerned, without prejudice to the provisions of Article 12.3 of Organic Law 3/2007 of 22 March, for Effective Equality between Women and Men, or to any regulations that replace it, with regard to any disputes over sexual harassment and harassment on grounds of sex that may occur. 3. Associations for the defence of women s rights have the capacity and the legal right to intervene in civil, social and administrative proceedings affecting the right to effective equality of women, in accordance with the laws governing these processes. CHAPTER II. POWERS AND ADMINISTRATIVE ORGANIZATION ARTICLE 5. POWERS OF THE ADMINISTRATION OF THE GENERALITAT Within its territory and in the exercise of the powers conferred upon it by law, with regard to gender equality policies the Administration of the Generalitat has the following functions: a) To study and identify gaps and needs with regard to fulfilling the aims of this law, with the collaboration of women s associations. b) To draft general strategic planning and standards in this regard. c) To create and adapt programmes in order to mainstream the gender perspective in all public policies and actions and in the drafting of budgets, and also in the diagnosis, design and execution of any general positive actions to be applied in the whole territory. d) To carry out continuous evaluation of gender equality policies and of the inclusion of the gender perspective in all actions of the Generalitat, and also of compliance with this law. e) To promote collaboration between the public administrations of Catalonia. f) To establish the conditions of training and capability-building of the persons in its employ. g) To design and implement a system of statistics and quantitative and qualitative indicators linked to the Statistical Institute of Catalonia in the planning, execution and evaluation of plans for gender equality policies; to systematically incorporate the sex variable in studies, surveys, records and statistics aimed at the population; and to promote the preparation of statistics and indicators to allow the following: 1st. To make visible the female experience and better understand the differences, roles, situations, conditions, aspirations and needs of women and men. 2nd. To identify the situations and needs of rural women and groups of women who suffer discrimination or increased vulnerability. 3rd. To identify situations and needs of groups of women affected by other factors of discrimination. h) To draft studies and reports on the situation of women, to analyse and do research into the situation of inequality on grounds of sex, and to disseminate the results. i) To promote and carry out sensitization campaigns and actions to make effective the principle of equality between women and men. j) To foster the personal and economic autonomy of women and to promote women s employment. k) To provide specialized technical assistance to local government bodies and other public authorities. l) To encourage the presence of women in participatory bodies and in decision-making scenarios. 6

7 m) To support groups and organizations working for the promotion of equality between men and women and to guarantee their participation in the design, drafting, implementation and evaluation of gender equality policies. n) To coordinate the preparation of gender impact reports that include the diversity of women and to take suitable corrective measures for these reports to be present in the regulations, provisions and policies approved and executed by the government, especially if the reports propose prescriptive measures to correct inequalities. o) To draft the necessary provisions to assign the mainstreaming of the gender perspective to the bodies of the Administration of the Generalitat, the organizations of the Autonomous Community and the public bodies that are linked to or depend on it. p) To draft, adopt, execute and evaluate the plans for equality for women and men aimed at the persons in its employ referred to in Article 15. q) To carry out the review and monitoring of the equality plans of Catalan businesses and also of compliance with the requirement to draft and apply equality plans in the case of the companies referred to in Article r) To adopt strategic plans regarding the gender equality plans referred to in Article 14. s) To anticipate and deal with situations of violence against women, sexual harassment and harassment on grounds of sex by drafting protocols and applying appropriate measures to address this problem, in accordance with the provisions of Law 5/2008. t) To draft and approve the annual report on the implementation of the mainstreaming of the gender perspective in the Administration of the Generalitat. u) To provide specific skill-building and training programmes for the staff and elected members of local government bodies to ensure that they carry out their functions under this law. v) To carry out any other duties assigned to it by current legislation. ARTICLE 6. FUNCTIONS OF THE LOCAL GOVERNMENT BODIES OF CATALONIA 1. Within their territory and in the exercise of the powers conferred upon them by law, with regard to gender equality policies, the municipalities and other local government bodies have the following functions: a) To study and identify gaps and needs of women with regard to fulfilling the aims of this law within their territory, with the collaboration of women s associations. b) To raise awareness of the causes of violence against women and, under current regulations, to foster preventive actions and campaigns, and to make available to the population the care services necessary for people suffering from the various types of violence against women. c) To help, inform and guide women with regard to programmes and resources to facilitate the effective exercise of their rights, and to raise awareness of men and women on equal rights and duties. d) To create and adapt the necessary mechanisms for mainstreaming the gender perspective in their political activities. e) To establish the conditions of training and skill-building of the persons in their employ. f) To draft, adopt, execute and evaluate the plans for equality for women and men aimed at the persons in their employ referred to in Article 15. g) To design, adopt, carry out and evaluate the equality plans referred to in this law that affect local government bodies. h) To foster the personal and economic autonomy of women and to promote women s employment. i) To encourage the presence of women in participatory bodies and in areas of decision-making. j) To support women s groups and institutions for the defence of women s rights, and to encourage their participation in the design, drafting, implementation and evaluation of equality and gender mainstreaming policies. 7

8 k) To adapt and maintain up-to-date statistics that provide knowledge of the differential situation of women and men in the various areas of local action. l) To design and apply policies aimed at eradicating inequalities and exploitation of women in all areas of local action. m) To carry out any other duties assigned to them by current legislation. 2. The Generalitat shall supplement the financial capacity of municipalities with regard to the functions attributed to them by this law, either through the transfer of funds from other administrations or with its own funds, without prejudice to the possibility that municipalities and other local government bodies provide in their budgets for the funding of these functions through programme contracts for this purpose. 3. The Administration of the Generalitat shall provide specific skill-building and training programmes for the staff and elected members of local government bodies to ensure that they carry out their functions under this law. ARTICLE 7. ADMINISTRATIVE ORGANIZATION 1. The Administration of the Generalitat exercises the powers under this law through the following: a) The Catalan Women s Institute, which is under the Ministry of the Presidency. b) The bodies and the teams that each ministry appoints as responsible for the policies of equality between women and men and the mainstreaming of the gender perspective under Article The following are consultative bodies of the Administration of the Generalitat regarding gender equality policies: a) The National Women s Council of Catalonia, created by Article 6 of Law 11/1989 of 10 July, creating the Catalan Women s Institute. b) The National Committee for Coordinated Action on Violence against Women, created by Article 82 of Law 5/ To carry out the functions regarding gender equality policies, the Administration of the Generalitat shall provide itself with the following: a) Internal mechanisms of interministerial collaboration and coordination to promote gender mainstreaming in the fields within its competence. b) Mechanisms of interinstitutional cooperation to transfer the implementation of the mainstreaming of the gender perspective to the other administrations, social partners and universities. c) Control and penalty mechanisms to guarantee compliance with the Law. 4. The competent bodies to lead and implement the gender policies, in order to guarantee mainstreaming and the leadership that they need, are under the Ministry of the Presidency. ARTICLE 8. BODIES RESPONSIBLE FOR IMPLEMENTING THE MAINSTREAMING OF THE GENDER PERSPECTIVE 1. The ministries of the Generalitat, the bodies of the Autonomous Community, and the societies and public bodies that are linked to or depend on them shall establish in their organizational decrees the body that is responsible for implementing the mainstreaming of the gender perspective in the planning, management and evaluation of their respective policies. 2. In coordination with the Catalan Women s Institute, the bodies responsible for implementing the mainstreaming of the gender perspective shall carry out the following functions: a) Execute the cross-cutting plans and programmes of gender equality policies in the functional field of the ministry or body, in accordance with the guidelines and measures established in the plans for gender equality policies approved by the Government. b) Collaborate in the preparation, execution, monitoring and evaluation of the ministerial equality plans aimed at staff of the Administration of the Generalitat. c) Promote studies and statistics, in coordination with the statistical bodies of the ministries of the Generalitat, the bodies of the Autonomous Community and the public bodies that are linked to or depend 8

9 on the Administration of the Generalitat, and issue reports on the equality of women and men in their functional area. d) Systematically integrate the gender perspective in all stages, spheres and levels of intervention of their functional area, in collaboration and coordination with the Catalan Women s Institute. e) Guarantee the training of the staff of the ministries regarding effective equality of women and men. f) Guarantee effective compliance with this law in the corresponding functional area, which must be conducted by staff with specific training in equality and gender. g) Carry out any other functions that are necessary to implement the gender perspective. ARTICLE 9. GENDER EQUALITY PROFESSIONALS 1. The Administration of the Generalitat shall promote the regulation and the system of capability-building and training of gender equality professionals and guarantee their presence in the terms established by this law. 2. The public administrations shall gradually incorporate gender equality professionals with the required qualifications under the regulation referred to in paragraph 1, in order to implement the equality measures in the work of the Administration. These professionals must participate especially in the diagnosis, implementation, evaluation and monitoring of all public policies, and particularly in the specific policies and projects aimed at achieving equality. 3. The Administration of the Generalitat shall include the category of gender equality experts in the job catalogue, particularly in the bodies responsible for guaranteeing compliance with this law. CHAPTER III. MECHANISMS FOR GUARANTEEING THE RIGHT TO EFFECTIVE EQUALITY OF WOMEN AND MEN IN THE PUBLIC SECTOR ARTICLE 10. PUBLIC SECTOR PROCUREMENT 1. The contracting authorities of Catalonia that for the purposes of public sector procurement are considered to belong to the Public Administration shall include social clauses in the procurement rules in order to promote equal treatment and opportunities for women and men in the labour market. To this end, in accordance with the current regulations on public procurement, they shall do the following: a) Incorporate the gender perspective in public procurement tenders. b) Include conditions of execution of the work contracted that involve the contractor taking measures to promote equality of women and men. c) Indicate in the bidding specifications the additional score for companies that have equality plans if they are not obliged to have them by law, and those that have the Catalan Business Excellence Seal with regard to equality referred to in Article 35 or that adopt measures to achieve equal opportunities that endure in time and remain effective, according to the regulations. 2. The contracting authorities referred to in Section 1 shall consult the information of the companies registered in the Public Register of Equality Plans referred to in Article 36.5 for the purpose of facilitating the activities established in the present article. 3. The contracting authorities shall establish evaluation and monitoring mechanisms to guarantee effective compliance with the measures evaluated in the tenders. ARTICLE 11. PUBLIC ASSISTANCE 1. The public administrations of Catalonia and the bodies and entities that depend on them shall refuse to award subsidies, grants or any other public assistance to applicant enterprises and entities that have been penalized or sentenced for exercising or tolerating employment practices that are considered discriminatory on grounds of sex or gender, penalized by a final unappealable administrative decision, or sentenced by a final unappealable court ruling. To this end, the applicant enterprises and entities must present, together with the application for the aid, a declaration that they have never been penalized by a final unappealable administrative decision or sentenced by a final unappealable court ruling. 9

10 2. The regulations for subsidies, grants and other types of public aid announced by the public administrations of Catalonia must include the assessment of the best means to achieve the incorporation of the gender perspective. 3. With regard to grants, the regulations must include specific mention of the right of the beneficiaries to be absent for maternity or paternity leave for the duration of the leave in accordance with the applicable legislation on this matter without losing the status of beneficiaries. The requirements to make this right effective must be determined in the corresponding announcements. ARTICLE 12. EQUAL REPRESENTATION ON COLLEGIAL BODIES OF THE PUBLIC ADMINISTRATIONS 1. The public administrations shall adhere to the principle of equal representation of women and men in appointments to form part of all kinds of collegial bodies, taking into account the first transitional provision and without prejudice to paragraph The measures of equal representation have no effect for bodies constituted to promote the rights and interests of one of the two sexes. ARTICLE 13. EQUALITY PLANS AND MAINSTREAMING Public policies on equality of women and men are articulated by mainstreaming the gender perspective in the powers that the Generalitat has assumed, and also through the following equality plans: a) The Strategic Plan for Gender Equality Policies of the Government of the Generalitat, in accordance with the provisions of Article 14. b) Ministerial operational plans or action programmes that develop and execute the Strategic Plan for Gender Equality Policies of the Government of the Generalitat. c) The plans for gender equality policies of the local administrations of Catalonia, in accordance with the provisions of Article d) Equality plans for women and men aimed at staff providing services in the public sector of Catalonia, in accordance with the provisions of Article 15. e) The Plan for Gender Equality in the Education System, in accordance with Law 12/2009 of 10 July, on Education, and Article 21.3 of this law. f) The Action Plan to Support Businesses, aimed at fostering equal treatment and opportunities for women and men at work, in accordance with the provisions of Article 34. g) Any other plans and programmes on equality established by regulations. ARTICLE 14. STRATEGIC PLAN FOR GENDER EQUALITY POLICIES OF THE GOVERNMENT OF THE GENERALITAT 1. The Strategic Plan for Gender Equality Policies of the Government of the Generalitat referred to in Article 3.d of Law 11/1989 of 10 July, creating the Catalan Women s Institute, establishes the objectives and the cross-cutting measures that must be applied to ensure effective equality between women and men within the Administration of the Generalitat. 2. The Catalan Women s Institute, in collaboration with the relevant ministries and with the participation of the social and economic partners involved and of the organizations, associations and groups for the defence of women s rights in the whole of Catalonia, is the body responsible for designing, coordinating and promoting the development of strategic plans for gender equality policies of the Administration of the Generalitat, and also for monitoring and evaluating them. 3. The Government shall adopt the Strategic Plan for Gender Equality Policies of the Administration of the Generalitat. 4. The Government shall encourage the local authorities and give them the necessary support to develop and adopt their respective plans for gender equality policies. These plans must be drafted with the participation of the social and economic partners involved and of the organizations, associations and groups for the defence of women s rights in their respective territories. 10

11 ARTICLE 15. EQUALITY PLANS FOR WOMEN AND MEN IN THE PUBLIC SECTOR 1. Within two years from the entry into force of this law, the institutions of the Generalitat, the Administration of the Generalitat and public agencies that are linked to or depend on them, and also the public and private organizations that manage public services, shall adopt a plan for equality of men and women aimed at the staff who provide services. This plan must be laid out in the collective agreement or in the agreement on working conditions, in order to guarantee the effective implementation of the principle of equal treatment and opportunities for women and men and eliminate discrimination on grounds of sex in relation to access to paid employment, wages, training, professional promotion and all other working conditions. 2. The local authorities that have specific organs of representation of the staff in their service shall adopt a plan for equality of women and men. This plan must be laid out in the collective agreement or in the agreement on working conditions. 3. The Generalitat shall ensure that corporate administrations, business organizations, trade unions, nonprofit organizations, consortia and all kinds of entities that manage public services have equality plans. 4. The plans for equality of women and men in the public sector must meet the following requirements: a) On the basis of a previous diagnosis of the situation, they must establish the specific objectives of effective equality that must be achieved, the strategies and practices to be adopted to achieve them, and the effective systems for monitoring and evaluating the objectives. b) They must apply the gender perspective, inclusive communication and the use of non-sexist or androcentric language, among others, to the areas of action relating to the representation of women, access, selection, promotion and professional development, working conditions, work-life balance, violence against women, health and safety at work, and to the strategy and internal organization of the organization. c) They must include specific measures to adapt them in each case to the peculiarities of the educational, health, research and prison staff, and also of firefighters, rangers and security forces. d) They must take into account the workers representatives in drafting and adopting them. e) They must include in the text a self-assessment, which must be carried out every four years. f) They must be attached as an annexe to the collective agreement or agreement on working conditions of the corresponding public administrations, bodies of the Autonomous Community, public companies, consortia, foundations and other entities with legal personality in which the Generalitat or the local administrations have a direct majority representation. ARTICLE 16. POLICIES FOR EFFECTIVE EQUALITY BETWEEN WOMEN AND MEN IN THE CIVIL SERVICE 1. The ministry responsible for the civil service, in collaboration with the Catalan Women s Institute, shall establish the general criteria on effective equality of women and men that the ministries, bodies of the Autonomous Community and public entities must observe in drafting the regulations for announcing calls for access to public employment. 2. The public administrations of Catalonia shall promote equal representation of women and men in the composition of the examination committees or expert bodies responsible for selection. 3. The list of subjects to be studied for access to public employment must include content relating to the regulations on effective equality of women and on violence against women that must be applied in administrative activity and in the development of effective equality policies. 4. The public authorities shall adopt measures for basic, progressive and continuing training on equality of women and men aimed at all the staff and taught by expert staff, in order to make effective the provisions of this law and ensure sufficient practical knowledge for the effective incorporation of the gender perspective in public actions. 5. The public authorities shall make periodic analyses of jobs to assess the degree of compliance with the principle of equal pay for men and women, and take corrective measures to eradicate the wage gap. 11

12 ARTICLE 17. BUDGET LAWS 1. The ministries of the Generalitat, the bodies of the Autonomous Community, and the societies and public bodies that are linked to or depend on them must incorporate in the reports of the budget programmes that are incorporated in the budget of the Generalitat the actions and associated indicators to adapt expenditure to the specific needs of women and men in order to progress towards the eradication of inequalities. They must make visible the differentiated impacts of the budgets on men and women, and incorporate the gender perspective in the results-oriented budget targets. 2. At the end of each budget year, to ensure the incorporation of the gender impact in the reports of the budget programmes that are incorporated in the budget of the Generalitat, the Administration of the Generalitat shall promote gender audits on compliance with the objectives laid out in the reports of the ministries and of the bodies and entities of the public sector that depend on them. CHAPTER IV. PUBLIC POLICIES TO PROMOTE EFFECTIVE EQUALITY OF WOMEN AND MEN SECTION ONE. POLITICAL AND SOCIAL PARTICIPATION OF WOMEN ARTICLE 18. POLICIES AND ACTIONS OF PUBLIC AUTHORITIES 1. The policies and actions of public authorities must make visible and recognize groups and organizations for the defence of women s rights, provide them with support and foster their participation in the design, drafting, implementation and evaluation of public policies. 2. The public administrations of Catalonia shall endeavour to adhere to the principle of balanced representation of women and men in the appointment of the members of governing bodies and of the public bodies that are linked to or depend on them, and to foster this principle in the governing bodies of associations and organizations of all kinds. 3. Within two years from the entry into force of this law, the institutions of the Generalitat, the Administration of the Generalitat, and the public bodies that are linked to or depend on them shall approve a protocol for preventing sexual harassment and harassment on grounds of sex. ARTICLE 19. POLITICAL PARTICIPATION OF WOMEN AND MEN 1. The public authorities shall endeavour to adhere to the principle of equal presence of women and men in the distribution of political power, and to promote the participation of women in positions or areas where they are poorly represented. 2. Nominations submitted by political parties, federations, coalitions and groups of voters must respect the provisions of Article 56.3 of the Statute of Autonomy. ARTICLE 20. SOCIAL PARTICIPATION OF WOMEN 1. The public authorities shall take specific temporary positive action that is reasonable and proportionate in relation to the objective pursued in each case, in order to promote effective equality between women and men, correct situations of social inequality resulting from practices of subordination or discriminatory social systems, and make effective women s right to social participation. 2. The public authorities shall carry out specific actions aimed at fostering women s associations and promoting networking; recognize and incorporate in the political agenda contributions made by feminist organizations and women s groups; foster the participation of women, of the feminist movement and of women s organizations in consultative bodies at both a regional and local level; foster the participation of women in national and international fora and organizations, and reconsider the forms of participation in order to leave behind androcentric models. 3. Professional colleges and associations, business associations, trade unions, cultural and social associations and political parties shall establish mechanisms to ensure the active participation of women and the access of women to governing bodies, with the aim of achieving parity representation on them. 4. The principle of parity democracy referred to in the fifth principle of Article 3 will not be applied to associations, organizations, entities, foundations and other institutions of public and private law whose object is to promote the rights or interests of one of the sexes exclusively. 12

13 5. The public authorities shall promote the social participation of women through information and communication technology and shall help overcome the various digital divides. SECTION TWO. EDUCATION, CULTURE AND KNOWLEDGE ARTICLE 21. CO-EDUCATION 1. To make effective the principle of co-education and promotion of equality between women and men established in Articles 2.1.m and 43.1.d of Law 12/2009 of 10 July, on Education, the Education Authority shall incorporate co-education in all levels and types of the education system and shall introduce it in the educational programming and curricula at all levels in order to encourage the development of people beyond the stereotypes and roles according to gender, guarantee an academic and professional guidance that is free of sexist and androcentric biases, and avoid all discrimination associated with sex. It shall also promote research in co-education and ensure its inclusion in curricula, text books and teaching materials. 2. The local administrations shall apply specific measures to ensure that children under the age of sixteen attend school daily, with special attention to adolescents at risk of abandonment. 3. Through the Plan for Gender Equality in the Education System, the Education Authority shall carry out actions and activities aimed at achieving the following in all cases: a) The visibility of the historical contributions of women in all areas of knowledge and their social and historical contribution to the development of humanity. b) The training of young people in the history of how women s rights were achieved. c) The promotion and dissemination of the criteria of equality between men and women, both in teaching and in establishing collaborative and participatory work. d) Training and skill-building to allow girls and boys to share responsibilities for housework and care of dependants and their families, without the burden of traditional gender roles. e) Training of students and support to their individual expectations to allow them to make academic and professional choices free of gender constraints. f) Training of students in the use of non-sexist and non-androcentric language. g) The promotion of research related to co-education and the gender perspective. h) The introduction of an emotional and sexual education that favours the construction of a positive, healthy sexuality that respects diversity and avoids all prejudices on grounds of sexual and emotional orientation. i) The promotion of content related to sexuality aimed at preventing unwanted pregnancies and sexually transmitted diseases. j) The prevention of violence against women, in accordance with the parameters established by Law 5/2008. k) The prevention, positive management and addressing of situations of conflict linked to sexist behaviours and attitudes. l) The establishment of measures to ensure that the use of space and the participation of both sexes in school activities is done in a balanced way. 4. The Education Authority shall offer training in co-education to its teaching staff, including sexual education, education on violence against women, and social orientation, and shall ensure the presence of people with knowledge of co-education in the bodies responsible for assessment, inspection, educational innovation and research, in the School Council of Catalonia, in the educational services, and in schools. 5. The Educational Authority, through the federations and associations of parents of students, shall promote sensitization and training of families in co-education. 6. The Educational Authority shall guarantee and promote a balanced representation of women and men in the governing bodies and bodies with responsibility, and also in school boards, and shall promote equal opportunities for women and men in schools. It shall also promote a balanced representation of professionals of both sexes at all educational levels. 13