Advanced Search

Royal Decree 972/2007, Of July 13, Which Regulates The Direct Provision Of Subsidies To Certain Autonomous Communities And Local Entities For The Development Of Innovative Projects That Ensure The Right To Social Welfare In...

Original Language Title: Real Decreto 972/2007, de 13 de julio, por el que se regula la concesión directa de subvenciones a determinadas comunidades autónomas y entidades locales para el desarrollo de proyectos innovadores que garanticen el derecho a la asistencia social in...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

According to the provisions of the Motives Exhibition of Organic Law 1/2004, of December 28, of Measures of Comprehensive Protection against Gender Violence (hereinafter, Integral Law), gender violence is evident. as the most brutal symbol of the inequality in our society. This inequality finds its foundation in a pattern of sociocultural behavior, deeply rooted in the collective consciousness, which places the woman in a position of subordination or subjugation to man. Therefore, the object of the Comprehensive Law, as set out in Article 1, is to act against violence which, as a manifestation of discrimination, of the situation of inequality and the power relations of men over women, is exercised on the part of those who are or have been their spouses or those who are or have been linked to them by similar relationships of affectivity, even without coexistence. To this end, the Comprehensive Law recognizes a whole series of rights for women victims of gender-based violence, including the right to comprehensive social assistance, and establishes preventive measures, such as the development of a National Plan for Awareness and Prevention of Gender Violence (hereinafter the National Plan). The National Plan was approved by the Council of Ministers on 15 December 2006, following a favourable report by both the State Violence Observatory and the Women's Sectoral Conference. In order to achieve its objectives, the National Plan provides for measures in a number of priority areas, among which are the social services, since women victims of gender-based violence are guaranteed through these measures. the right to comprehensive social assistance recognized in Article 19 of the Comprehensive Law. In particular, the National Plan incorporates the promotion of innovative autonomous and local projects that guarantee the right to comprehensive social assistance. In this framework of action, the National Plan understands by innovation the set of measures taken from the regional and regional level, aimed at deepening new models and/or new methods of intervention that constitute or can represent an alternative model of intervention in the development and strengthening of the right to integral social assistance, representing an added value in relation to the usual practice. The specific object of the grant of this grant is to improve the intervention practices implemented in the field of comprehensive social assistance so far in the autonomous and local field, and to initiate the implementation of experiences In addition, it is important to develop the principles of permanent care, urgent action, specialization of benefits and multidisciplinary professional practice. Therefore, understanding that there are reasons of public, social and humanitarian interest, the Ministry of Labour and Social Affairs will collaborate directly in the financing of these actions, through the granting of direct grants under the the provisions of Articles 22.2.c) and 28 of Law 38/2003, of 17 November, General of Grants, and Article 67 of the General Regulation of Grants, approved by Royal Decree 887/2006 of 21 July. In its virtue, on a proposal from the Minister of Labour and Social Affairs, after the Ministry of Economy and Finance, and after deliberation by the Council of Ministers at its meeting on 13 July 2007

D I S P O N G O:

Article 1. Object.

This Royal Decree aims to regulate the direct grant of subsidies to the autonomous communities and local entities with which the Ministry of Labour and Social Affairs has signed collaboration agreements for the development of innovative projects that guarantee the right to comprehensive social care for victims of gender-based violence.

The purpose of the concession is the promotion of innovative regional and local projects that respond to the urgent social care needs of women victims of gender-based violence. Innovation will at least address one of these three axes:

(a) The articulation of a clearly defined and stable network structure, ensuring the coordination of the various services, the appropriate communication flows between the different institutions, the responsibilities and commitments of each of the participating organizations, as well as the rationalization and accessibility of the resources, all in order to have an organizational map in which all the resources are identified.

b) Comprehensive intervention methodologies. The actions to be implemented must take into account all the phases required by the integral recovery process, in order to focus on the process of violence suffered. To this end, the intervention methodology requires instruments appropriate to each phase of the process, as well as professionals trained for its implementation. The actions to be taken must include the victims and the minors in their care, direct and indirect subjects of the violence, taking into account the outpatient care and resident. c) Model acts on specific collectives. It is a question of having specific mechanisms and methodologies for intervention that take into account the differences to be addressed between the different groups of women, that is, those that, as the Integral Law collects, can present a increased vulnerability.

Article 2. Concession procedure.

1. The subsidy regulated in this royal decree is unique in that it authorizes the direct grant of this subsidy in application of the provisions of Article 22.2.c) of Law 38/2003, of 17 November, General of Grants, in Article 28 (2) and (3) of that Law, and Article 67 of the General Grant Regulation, approved by Royal Decree 887/2006 of 21 July, for reasons of public interest, social or humanitarian.

2. The concession shall be made by means of a resolution of the General Secretariat for Equality Policies. 3. Once the concession has been granted, agreements shall be concluded with each of the autonomous communities and local entities to which the grant has been granted in which the applicable conditions and commitments of the compliance with the possibility provided for in Article 28 of Law 38/2003 of 17 November, General of Grants.

Article 3. Obligations.

The autonomous communities and the local entities benefiting from this grant will be obliged to the conditions and commitments set out in the collaboration agreements they subscribe to.

Also the beneficiary entities will be obliged to:

(a) Carry out the activity for which the subsidy has been granted and present the corresponding justification in the form provided for in Article 5.

(b) To indicate in the brochures, posters and other documentation and material used in the development of the subsidized activity carried out with the collaboration of the Ministry of Labour and Social Affairs. (c) The beneficiaries shall, in any event, be subject to the obligations imposed by Article 14 and consistent with Law 38/2003 of 17 November, General of Grants.

Article 4. Financing.

The total amount of the grant is 6,500,000 euros provided by the Ministry of Labor and Social Affairs under the budget of the General Secretariat for Equality Policies.

Article 5. Payment of the grants and the justification scheme.

The amount of the grants will be paid in advance and once at the time of the concession, as provided for in the fourth paragraph of Article 34 of Law 38/2003 of 17 November, General Grant.

The justification will be in accordance with the provisions of Article 30 of Law 38/2003 of 17 November, General of Grants. In addition, the collaboration agreements to be signed will include the provision of the additional provision in the ninth provision of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July.

Article 6. Applicable legal regime.

The subsidies regulated in this royal decree will be governed, in addition to what is established in this royal decree, as provided for in Law 38/2003 of 17 November, and in its Implementing Regulation, except as regards the the principles of advertising and competition, as well as the other rules of administrative law which are applicable.

Final disposition first. Enabling regulatory development.

The Minister of Labor and Social Affairs is empowered to adopt the necessary provisions for the development and implementation of this royal decree.

Final disposition second. Entry into force.

This royal decree will enter into force on the day of its publication in the "Official Gazette of the State". Given in Madrid, on 13 July 2007.

JOHN CARLOS R.

The Minister of Labour and Social Affairs, JESUS CALDERA SANCHEZ-CAPTAIN