The Sectoral Equality Conference, at the meeting held on 21 July 2014, agreed to approve the Derivative Protocol between host centres for women victims of gender-based violence and their sons and daughters.

This agreement is in force from the very moment of its adoption for those Autonomous Communities that voted favorably: Andalusia, Aragon, Principality of Asturias, Balearic Islands, Canary Islands, Cantabria, Castilla La Blot, Castilla y León, Extremadura, Galicia, La Rioja, Comunidad de Madrid, Comunidad Foral de Navarra, Región de Murcia, Comunidad Valenciana and the City of Ceuta, as well as the City of Melilla that acceded later.

In accordance with the provisions of the Agreement, the Agreement shall be published in the official bulletins of the Autonomous Communities, as well as in the "Official Gazette of the State", stating in the text of the Resolution by which the The same applies to the autonomous communities which have voted in favour and, as a result, are signatories to the Agreement.

Article 5.5 of Law 30/1992, of 26 November, of the Legal Regime of the Administrations and of the Common Administrative Procedure, establishes the need to sign the Sectoral Conference Agreements, and Article 15.5 of the Regulation of the Sectoral Equality Conference, provides that the signature of the agreements may be produced at the meeting of the Conference in which they are adopted, or at a later time.

The Agreement has been signed by all Autonomous Communities and Cities with Autonomy Statute that gave their agreement to it, as well as by the Ministry of Health, Social Services and Equality.

Therefore, the publication in the "Official State Gazette" of the text of the said Agreement, as set out in the Annex to this Resolution, is appropriate.

Madrid, June 9, 2015. -Secretary of State for Social Services and Equality, Susana Camarero Benitez.

ANNEX

Agreement of 21 July 2014, of the Sectoral Equality Conference, approving the Protocol of Derivation between the Autonomous Communities for the coordination of their networks of host centers for women victims of gender-based violence and their sons and daughters

Violence against women is one of the main causes of violation of human rights against women, as it affects such basic rights as physical integrity, security, freedom or equality, and is capable of reaching all women, without prejudice to the greater vulnerability of certain specific groups.

As the Motives Exhibition of Organic Law 1/2004 of 28 December, of Comprehensive Protection Measures against Gender Violence, proclaims, violence against women manifests itself as the most brutal symbol of violence. inequality in our society. Article 15 of the Spanish Constitution proclaims the right of all to life and physical and moral integrity; for their part, the public authorities, pursuant to Article 9.2, are obliged to take positive action measures to ensure that rights are real and effective, removing obstacles that prevent or hinder their fullness.

The measures put in place to eradicate the social scourge of violence against women, preventive, educational, social, welfare, civil and criminal measures, have contributed to the adoption of appropriate policies with a integrated and multidisciplinary approach, although the problem of violence against women is still far from being resolved and its treatment requires a sustained and sustained response from the public authorities, which on the one hand contributes to maintaining the positive effects of the policies adopted to date, and on the other, new aspects that are susceptible to improvement.

To do this, it is necessary to place women at the center of public policies for the eradication of gender-based violence, in order to meet their real needs, encourage them to come out of the circle of violence and accompany it in the recovery process, restoring it to the full exercise of its rights and helping it to build its autonomy, in a full and free life of violence.

Within the framework of a composite State, the competences related to the fight against gender-based violence and other forms of violence on women are distributed at different territorial and institutional levels, (a) corresponding to the majority of the powers of the Autonomous Communities, whose competent bodies manage the resources of assistance and protection for victims in their respective territories. The objective of efficiency in the management of resources and the effectiveness in the search for solutions, requires inescapably from the inter-institutional collaboration between the actors involved.

One of the measures that has contributed most significantly to offering women a way out of the violence was undoubtedly the approval of Law 27/2003, of July 31, a regulator of the Order of Protection. The protection afforded first of all meant that women did not have to leave their homes to escape violence, facilitating the recovery process for their own benefit and, where appropriate, their sons and daughters. However, there may be cases where it remains necessary to provide the woman with a space in which to settle in a temporary manner, either because of the absence of an address of her own, for reasons of safety of the victim, or for her own requirements. recovery process.

Among the existing resources to address these needs for the protection and assistance of women victims of gender-based violence, as well as other manifestations of violence against women, are the reception centers, which, of varying ownership and characteristics, extend throughout the national territory forming a network of fact. The need for protection and safety of women sometimes leads to the need to move away from their aggressor and to begin a process of recovery and empowerment of a multidisciplinary type outside the scope of the Autonomous Community of residence. To this end, it is necessary to make progress in collaboration between the Autonomous Communities for the coordination and sharing of their host networks.

This process involves different initiatives that have been successfully implemented in recent years by different Autonomous Communities, in particular the Convention between the Autonomous Communities for the Coordination of their Networks of Centers for the Victim of Gender Violence, to which other CC.A.A. were adhered, as well as with the proposals and demands that have been launched since various forums to contribute to the improvement of the management of this type of resources.

On 17 June 2013, the Autonomous Communities and Cities of Ceuta and Melilla, and the Ministry of Health, Social Services and Equality, agreed at the Sectoral Equality Conference to start work on putting in place network the reception centres of all Autonomous Communities and Cities of Ceuta and Melilla, through the coordination of these resources for the benefit of victims of gender-based violence and minors in their care, in order to improve their protection and security, the maximization of the resources and the improvement of the procedures, throughout the territory national.

The fruit of this work, and as a sign of the commitment of the Autonomous Communities to assume and develop this framework of collaboration, and in accordance with the provisions of Article 5 of Law 30/1992, of 26 November, Legal regime of the public administrations and the common administrative procedure and in Article 15 of the Rules of Organization and the Functioning of the Sectoral Conference of Equality, the Autonomous Communities of La Rioja, Galicia, Andalusia, Principality of Asturias, Cantabria, Murcia, Valencia, Aragon, Castilla-La Blot, Canarias, Navarra, Extremadura, Illes Balears, Madrid, Castilla y León, and the City with Statute of Autonomy of Ceuta, and the Ministry of Health, Social Services and Equality, at the meeting of the Sectoral Conference of Equality of 21 June 2014,

AGREE:

First. Object.

The Referral Protocol between the Autonomous Communities is approved for the coordination of their host network networks for women victims of gender-based violence and their sons and daughters, who intend to comply with the following objectives:

• Coordination of host resource networks for women victims of gender-based violence and their sons and daughters.

• Determination of the causes that may motivate a user's referral to a host center in another Autonomous Community.

• Establishment of a common listing of the documentation required to process the entry into the host centers.

• Development of a direct communication model between the competent bodies in this field for all aspects of the admission process, including the reasons for the motivation in case of refusal.

• Setting common criteria on the assumption of expenses arising from the shipment or those that occur as a result of the efforts resulting from their situation.

Second. Concepts.

For the purposes of this Protocol, the Community of origin shall mean the Autonomous Community or the City with a Statute of the Autonomous Community which is a signatory to the Protocol applying for the referral and shall be understood as the host Community, the Community Autonomous or City with Statute of the signatory of the Protocol to which the referral is requested. The body with competence in the resources of care and reception of the Autonomous Communities and Cities with Autonomy Statute designated by each of them, will be the one who makes the application and authorization of entry into the resource.

Third. First access.

The first access of women to the host network will always be through the Community of origin.

The referral may be requested for women who are in a care and reception facility for women who are victims of gender-based violence in which a first intervention has been initiated to assess a medium and long-term planning of the transfer to the resources of another Autonomous Community.

Fourth. Status as a victim of gender-based violence.

The Community of Origin, will accredit the condition of victim of gender violence in the terms established by the LO 1/2004 of December 28, of Measures of Integral Protection against the violence of gender, henceforth Law Integral, by:

• Judicial resolution granting the protection order or agreeing precautionary measure in favor of the victim concerning criminal cause for gender-based violence.

• The report by the Prosecutor's Office indicating the existence of indications that the applicant is a victim of gender-based violence until the judicial decision is made.

• Exceptionally, in urgent situations of danger or risk to the life of the female victim of gender-based violence, as in cases of high risk police assessment, it will be sufficient for the Community of origin to send the reception of a report from the Women's Centre, social service, equality body or equivalent.

The risk or risk situation for life will be assessed through the report, motivating why it is considered appropriate to be transferred to that Community and not to another.

Where the host Community is the Principality of Asturias or Andalusia, admission shall be exceptional only where the complaint has been lodged and there is a high risk police assessment.

Fifth. Move reasons.

The Community of origin will have to assess the circumstances in which to propose a transfer, determining whether there are grounds for submitting a reasoned referral. Reasons to justify the shipment shall be considered as:

• The safety of women and/or children in their care,

• Social recovery in the medium and long term, when one of the following circumstances is present which severely conditions: family reunification duly justified, need arising from the training or education of the family or your children, who cannot be held in your Autonomous Community or attend to a properly accredited job offer.

Sixth. Request for transfer and availability of seats.

It shall be the competent bodies of the Community of origin who shall contact those of the host Community for the purpose of carrying out a first information on the case allowing the technical staff of the Community of destination assess the suitability of the transfer and the availability of places appropriate to the circumstances of the transfer.

To do this, the necessary means will be used to ensure maximum speed of management. To facilitate this process, each Community shall designate a responsible person indicating their data.

Seventh. Information about the new resource.

It will be the obligation of the Autonomous Community of origin, in collaboration with the destination, to give the woman the characteristics of the center, her rules of procedure and the rights and obligations that she assumes with the transfer. In the event that this is required in the relevant regulations, written commitment to this is required.

The host community will provide the source with information as required by the host community, in order to provide the woman with information as accurately as possible.

Eighth. Documentation required.

In case the technical assessment advises the shipment, the referral will be initiated, proceeding from the Community of origin to send the following documentation:

• Request from the interested party.

• Document that establishes the status of a victim of gender-based violence, in accordance with the provisions of the fourth paragraph.

• Social report, which must conform to the model attached as Annex I.

• A commitment signed by the Community of origin to return the woman for the six months following the referral, in the event that the new resource does not meet her needs.

The DNI/NIF or NIE and, where applicable, passport and family book shall be provided. The remainder of the documentation described in the above points, which cannot be provided at the time of the transfer, will be sent once the woman is installed on the resource.

Ninth. Processing of income.

Each Autonomous Community, in accordance with its internal rules, respecting the times agreed by the technical staff and which they deem most appropriate to the case, will process the income based on the principles of speed, security and confidentiality, communicating it to the Autonomous Community of origin through telematic means, wherever possible, and taking into account the rules for the protection of personal data.

10th. Prompted denial of access.

In case of denial of access to the host resources, the causes will be motivated. Can be cause for denial:

• Lack of available places appropriate to the circumstances of the case. In this case, the Community of origin may request the host Community to inform it of the availability of places available in the future.

• Do not meet the requirements for referral in the fourth paragraph.

• Have a firm judgment that agrees to a visitation regime, assuming the shipment is an obstacle to its compliance.

• Motivated technical assessment.

11th. Processing times.

The referral requests will be resolved as soon as possible and no later than 15 days from the receipt of the request, based on an action plan between the technical staff of the Autonomous Communities of origin and host.

12th. Transfer to the host Community.

The transfer will be organized by common agreement between the Communities of origin and the host, guaranteeing the safety of the woman and the minors to her position. Where the woman lacks sufficient financial means to cope with the costs of removal, they shall be borne by the Community of origin.

Exceptionally, the Autonomous Communities may, depending on the specific circumstances of each case or the management model of the centre, agree on a system other than the allocation of the costs arising from the transfer.

13th. Attention by the host Community.

The Community of origin should include in the referral report an intervention proposal, detailing whether the transfer is requested on a temporary or indefinite basis. The proposal will be assessed by the host Community, with the latter being able to make any changes it considers relevant. The host Community shall be responsible for carrying out the actions for comprehensive care as a victim of gender-based violence with women and children in their care. For these purposes, the immediate schooling of sons and daughters, as provided for in Article 5 of the Comprehensive Law, should be carried out.

14th. Displacements by derived demarches.

The actions which may be necessary for the implementation of these movements will be coordinated between the Community of origin and the host Community. Where the woman and/or the children under his or her post have to move to the Community of origin for judicial or other reasons of duty duly justified, the Community of origin shall be informed, and the Community of origin shall provide the accommodation and protection which it requires or is deemed necessary, in his capacity. Where the woman does not have sufficient financial means to meet the costs of this transfer, the Community of origin shall bear the costs of these movements as a result of the steps resulting from her situation (appearance in courts, child visitation arrangements, etc.).

15th. Follow-up to the intervention.

The Community of origin will monitor the situation of women in the host Community and its development. The host Community shall communicate this to the Community of origin when the intervention is concluded in the host resource, in order to analyse together the actions taken with the woman and the children under her care.

In the event that it is necessary to continue the intervention with the woman and minors in her care, the Community of origin and the host Community shall jointly assess whether the return to the Community of origin is relevant.

If, upon completion of your stay at the centre, the woman decides to establish her residence in the host Community, it will be ensured that she receives adequate and sufficient information from the resources to which she is entitled and will be subject to the the system of economic aid and other existing resources, in accordance with the criteria laid down in the regulatory rules of the Autonomous Community, without prejudice to any subsequent monitoring and interventions to be carried out with it.

sixteenth. Abandonment of the center.

When the intervention from the centre is completed, either by the achievement of the objectives marked, by the voluntary departure of the woman or by another cause, the host Community will communicate it to the source of the most immediate form. possible.

seventeenth. Revocation of the referral.

If during your stay in the host resource you will be removed data that had not been communicated in the referral report (such as mental illness, disability, addictions, etc.) and that could interfere with the quality of the intervention which is given to the user in a negative way, this could constitute grounds for revoking the woman's stay in the host Community.

If the woman does not adapt to the rules of internal functioning of the centre to which she has been derived or fails to comply, the host Community shall refer the case back to the Community of origin.

Eighteenth. Protocol tracking.

Each Autonomous Community and City with Autonomy Statute shall designate a person to integrate the monitoring group of this Protocol. It is for this group to contribute to the review and improvement of the implementation of this Protocol, as well as to collect the data relating to its implementation, taking into account the results achieved to the Sectoral Equality Conference. In addition, the monitoring group will keep up to date a catalogue of host resources and a compendium of existing regional regulations in the field.

Nineteenth. Effectiveness.

This agreement will produce its effects from the day following its approval at the Sectoral Equality Conference.

Twenty. Publication.

The Ministry of Health, Social Services and Equality shall give publicity to this agreement in the "Official State Gazette" and the Autonomous Communities in their respective Official Diaries.

Madrid, 21 July 2014.

ANNEX I

Technical report of request for transfer to the resources of comprehensive care and reception of the Autonomous Community of ..........

(Attach to this report, the written request for the transfer of the woman, which must include the reasons that lead her to request the transfer to another CC.A.A.,

objectives that are raised in the CC.AA.

• Center/service/institution that demands the move:

• Reference professional:

• Date:

• Address: e-mail, tfno.

1. Women's data:

• First and last names:

• DNI/NIE/NIF/Passport:

• Date of birth:

• Civil Status:

2. Details of the minors accompanying it:

• First and last names:

• DNI/NIE/NIF/Passport:

• Date of birth:

• Relationship with aggressor:

3. Reason for the move:

(They are not exclusionary).

• Security Reasons.

• Clustering/support family of origin.

• Physical and psychic remoteness from the abuse situation.

• Other (specify).

4. Assessment of individualized risk.

• Police risk assessment (only if known and relevant).

• Number of income at Home of Host, especially those related to an emergency or risk situation for women and/or their children.

4.1 Abuse situation.

• Relationship with the aggressor.

• Time to live with the aggressor.

• Time of relationship with the aggressor.

• Time that you are suffering from mistreatment.

• Children with the aggressor.

• Type of abuse and indicators of the same.

4.2 Risk perception by the victim (they are not exclusive).

• The woman places her security in: Security Forces, House of Welcome, in herself, in others ...

• Minimizes the damage suffered.

• Importance to the situation of abuse suffered.

• Create that she controls the situation.

• Create that the can change.

• It is perceived as a victim of gender-based violence.

• You have direct contact with the.

• You have indirect contact with him (through family, friends, children ...).

• Frequent places common with the aggressor by force majeure.

• Frequent common places with the aggressor by their own decision.

4.3 The subjective situation regarding abuse by women (they are not exclusive).

• Disblame the aggressor.

• You are sorry for the aggressor.

• Worries about the aggressor.

• You want to take care of the aggressor, or take care of others, family members ...).

• Don't want to harm you.

• Forgive you.

• It is blamed or responsible for what happened.

• Keep asking for it.

• Believe the aggressor wants it.

• It attributes intentionality to the aggressor of the violence received.

• Justifies the violence (baby, this bad of the head, all the couples argue, he is not bad ...).

• Blame other violent acts (in-law, bar friends ...).

• Believes that it betrays you if you decide to break the couple.

• He believes he betrays him if he decides to report it.

4.4 Assessment of the individualized risk of minors accompanying women.

5. Psychological status/status.

• Where appropriate, psychological assessment of the current state of the interested and the means used (in which in the case of having a psychologist the derivative team should be elaborated and subscribed by the same).

• Situation/psychological status of minors accompanying the woman.

6. Sociofamiliar situation.

6.1 Composition family of provenance.

and last name	Parentage	Date birth	Occupation

6.2 Persons in charge who would move with the woman.

and last name	Parentage	Date birth	Occupation

6.3 Description of the relationship of the woman to the persons in her position with whom she is transferred.

6.4 Other family members or adults supporting the family group.

6.5 Family history (significant chronological sequence of family evolution).

6.6 Job status.

• Profession.

• Job status at the time the transfer is requested (occupation, working time, time taken in the job, ...).

• Work experience.

• Pending Gestion regarding your job insertion.

• Attitude in the search for employment (or in the development of employment, if you already have it).

• Job status of the persons in charge if they proceed.

6.7 Formative Situation.

• Studies (regulated training).

• Training expectations.

• Attitude in relation to training.

• Studies of people in charge.

6.8 Economic Situation.

• Economic, monthly and/or annual income, with which the unit is a woman and the source.

• Properties to your name or co-ownership.

• Money management and attitude towards it.

6.9 Health status (of women).

• Healthcare coverage.

• Diseases: diagnosis of diseases and the dosage of your medication, in particular, the existence of infectious diseases and guidelines to follow. If necessary, mental disorders that may be affected by the coexistence in the Center.

• Drug treatments at the time the shipment is requested.

• Disability dependencies.

• Health Gestions pending at the time the move is requested.

• Specify if I need psychiatric or psychological support on any occasion (type of support, on how many occasions, to specify psychiatric diagnosis, psychiatric drug treatments to date).

• Attitude related to the care of your health. Where appropriate, use of narcotic substances or alcohol abuse.

6.10 Health status of minors in charge.

6.11 Legal Situation.

• Interposes complaint/complaints.

• Medical assistants for aggression, Part of Injuries.

• Order of Protection/Order of departure/Precautionary and civil measures.

• Separation or divorce formalities.

• Child custody procedures.

• Pending paperwork relating to documentation.

• Regime of visits with the sons and daughters common to the aggressor. Where they are done, frequency.

• TAMVG.

• Use that you make of the assigned security devices. Use of security devices on occasion. Reasons.

• The aggressor's residence (specify whether it is in the same municipality as the house where the victim is located or not).

• Other legal issues pending (paternity test, residence permit, work permit.).

• Name and contact details of the person who attends the procedure, along with the number of procedures and competent court.

6.12 Formal and informal support.

• Women's relationship with other Community Services (Municipal Social Services, Associations, leisure and leisure time ...).

6.13 Women's Self-Autonomy.

• Social skills, conflict resolution, assertiveness, empathy ...

• Development in managing procedures.

6.14 Personal autonomy of the persons accompanying the woman.

• Social skills, conflict resolution, assertiveness, empathy ...

6.15 Adaptation and Evolution to the Home of the Provenance Of Provenance (of the woman and minors in charge).

• Participation in activities and programs.

• Rules, routines, daily organization.

• Relationship with other users of the center.

6.16 Pending Gestion (of the woman and persons in charge. If they can be settled in the AC.AA. to which they are directed or if on the contrary they need to return to the one of origin; in this case the Center/Service/Institution that derives is committed to facilitate the pending démarches of the woman or persons position, in the Autonomous Community of provenance).

7. Interventions and actions performed in the CA of origin.

• In the host center itself.

• In other services in the CA.

8. Interventions and actions performed with the persons accompanying the woman, in the CA of origin.

• In the host center itself.

• In other services in the CA.

9. Proposal for action under the thirteenth paragraph

10. Comments. Other data of interest.