Project Details
Description
The general objective of the project is to analyse the effectiveness and efficiency of Organic Law 10/2022 on Sexual Freedom according to the amendments introduced by Organic Law 1/2025 of 2 January on measures concerning the efficiency of the Public Justice Service. The Efficiency Law represents a challenge for the effectiveness and efficiency of the Spanish justice system, with a direct impact on the legal response to sexual violence and gender-based violence. It creates a new framework for the implementation of Organic Law 10/2022 on Sexual Freedom through the establishment of new gender-based violence sections with jurisdiction over matters related to sexual violence. In this context, the analysis of the effectiveness and efficiency of the Law on Sexual has to be conducted not only from a substantive or doctrinal perspective, but also from the organizational and functional parameters introduced by the Efficiency Law. This legislation seeks to modernize the Administration of Justice through digitalization, territorial reorganization, and improvements in judicial procedures, with the aim of ensuring a more agile, coherent, and accessible system. From the perspective of the Efficiency Law, the improvements in judicial management mean a reduction in processing times, simplified procedures, and the incorporation of organizational sustainability. Applying these principles to the analysis of the Law on Sexual Freedom will involve examining the changes that will occur in the coming years regarding the application of the law, its interpretative outcomes, and the levels of protection guaranteed to the victims. The general hypothesis of the project is that the objectives pursued by the Law on Sexual Freedom are not being fully achieved, especially those related to the paradigm shift in sexual consent, the implementation of the 24-hour crisis centres, and the enlargement of the catalogue of sexual violence offenses. The implementation of the new Efficiency Law may improve the legal response and produce improvements, but it also presents challenges for the effectiveness of the legal response to sexual violence. To shed light on these issues, the study will address several topics that we believe will capture the scope of the changes: - The interpretation of key concepts of the Law on Sexual Freedom, such as consent, in the new context created by the Efficiency Law. - The development of victims rights in the new gender-based violence courts of first instance with jurisdiction over sexual violence and other forms of gender-based violence. - The functioning of 24-hour crisis centres. - The application of the gender-based aggravating factor in the context of ongoing reforms. - Progress in the transposition of Directive (EU) 2024/1385 of the European Parliament and of the Council of 14 May 2024 on combating violence against women and domestic violence, carried out within the current context. - The role of MASCs mechanisms (Alternative Dispute Resolution) in relation to sexual violence. - The protection of childrens rights in situations of sexual violence and the new context of their adjudication in Juvenile Courts.
| Status | Active |
|---|---|
| Effective start/end date | 1/09/26 → 31/08/29 |
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