Madrid, March 8, 2024.-The extraordinary Council of Ministers, held today on the occasion of International Women's Day, has approved a Royal Decree, promoted by the Ministry for Digital Transformation and the Civil Service and by the Ministry of Equality, which approves the Protocol for action against sexual harassment and harassment on the basis of sex in the field of the General Administration of the State (AGE) and its public bodies.
The protocol reaches the Council of Ministers after having been previously agreed with the representatives of public employees at the Negotiating Table of the General State Administration and, in particular, at the Technical Commission for Equal Opportunities and Treatment between Women and Men. In addition, it fulfills the obligations acquired in two organic laws: The LO 3/2007 for the effective equality of women and men and the LO 10/2022 for the comprehensive guarantee of sexual freedom.
With regard to its scope, the protocol will apply to all personnel of the General Administration of the State and public bodies and also to people who provide services or collaborate with the AGE or with some of its bodies, such as people in training, those who perform non-work practices, etc.
The general objective of the protocol is to avoid possible situations of sexual harassment and harassment on the basis of sex in the General Administration of the State and in the bodies linked or dependent on it, and to deal effectively with them if they occur. To this end, eight specific objectives are developed:
- To promote a culture of prevention of sexual and/or sexual harassment in all areas and bodies of the General Administration of the State.
- To express the zero tolerance of the General Administration of the State in the face of situations of sexual and gender-based harassment that may be detected at any level of the organization.
- To facilitate the identification of conduct constituting harassment in its various forms of sexual and gender-based harassment.
- Implement a simple, fast, accessible and confidential mechanism that allows victims of harassment to make a notification of the situation they are suffering.
- To inform, train and sensitize employees and public employees in matters of sexual harassment and harassment on the basis of sex, giving guidelines for identifying such situations, preventing them and preventing them from occurring
- To clarify internally, swiftly, quickly and confidentially, the communications of harassment in order to clarify if there has been a situation of sexual and/or sexual harassment.
- Guarantee the security, integrity and dignity of the persons involved, the implementation of the measures that in each case may be appropriate for the protection of the victims at all times, supporting the person who has suffered harassment to avoid their secondary victimization.
- Monitor the actions derived from the activation of the protocol.
Among the principles enshrined in the Protocol is the obligation of public employees to report cases of possible sexual harassment or harassment on the basis of sex that they know, for which a simple and confidential mechanism must be established; the obligation for the administration to deal with and process, where appropriate, the notifications it receives on cases of sexual harassment or harassment on the basis of sex, within its competence, ensuring that its actions do not deprotect the victim; and the need to undertake the proceedings expeditiously, ensuring - except justified exceptions - that a report on the case will be prepared within a period of not more than 10 days from the communication or request for activation of the protocol.
The entry into force of the protocol will take place within six months from the publication of this RD in the BOE. At that time, each ministerial department and public body must adapt the protocol to their specific needs and ensure its effective implementation, through working procedures, instructions or other appropriate tools.