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Spain

Guiding Principle 25

Measure 1

“Within one year from the approval of this Plan, the Monitoring Commission will prepare a report on the legal mechanisms through which the civil liability of companies that cause damage or harm to human rights, including damage or harm caused through the lack of action on due diligence for the prevention of their own behavior, or that of their employees or agents, or that of the companies belonging to the same business group.”

Measure 2

“The Government will collaborate with civil society organizations in the distribution of existing redress mechanisms available to victims of human rights abuses caused by the activity of companies.”

Measure 3

“The Government will apply its commitments derived from the United Nations Declaration on Human Rights Defenders.”

Guiding Principle 26

The independence of the judiciary, stipulated in Article 117 of the Spanish Constitution, is an essential element to guarantee access to effective judicial redress mechanisms.

Regarding the need to remove obstacles of any kind that may limit access to remedy, which may include temporary limitations, it should be noted that the Spanish legal system provides no statute of limitation for the most serious crimes, that is, genocide, war crimes, and crimes against humanity.

In 2010 a system of criminal liability of legal persons was introduced in the Spanish legal system (Article 31.bis of the Criminal Code), which was subject of technical improvement in 2015. This institution constitutes an important mechanism for the reparation of any damage caused by a company’s activity to the possible victims.

Finally, the Law on Free Legal Aid guarantees that the lack of resources will not be an obstacle to access judicial mechanisms of reparation.

Measure 1

“The Government, through the policy of cooperation for development, will support the efforts of third-party States in favor of strengthening the independence of the judiciary.”

Measure 2

“Specific training on business and human rights will be provided to judges and prosecutors.”

Measure 3

“The Government will develop and provide the necessary instruments so that every citizen can have access to comprehensible information about all of the grievance mechanisms that they can use. Therefore, a map of the existing resources in terms of legal assistance will be made and publicized.”

Guiding Principle 30

Measure 1

The Government will support the development of effective remedy mechanisms in the collaborative initiatives in which it participates reflecting the criteria identified in the Guiding Principle 31.

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