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Order Ssi/121/2017, On 8 February, Which Establishes The Regulatory Bases Of The Awards Of The Government Delegation For Gender Violence To Doctoral Thesis On Violence Against Women.

Original Language Title: Orden SSI/121/2017, de 8 de febrero, por la que se establecen las bases reguladoras de los Premios de la Delegación del Gobierno para la Violencia de Género a tesis doctorales sobre violencia contra la mujer.

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TEXT

By virtue of the provisions of the Royal Decree 200/2012, of 23 January, for which the basic organic structure of the Ministry of Health, Social Services and Equality is developed and the Royal Decree 1887/2011 is amended, December, for which the basic organic structure of the ministerial departments is established, corresponds to the Delegation of the Government for the Violence of Gender to propose the policy of the Government against the different forms of violence against the (a) women and men, women and men, women and men, women and men, women and men. in particular, inter alia, the implementation, promotion and dissemination of reports, studies and research on issues related to violence against women.

For its part, the Organic Law 1/2004, of December 28, of Comprehensive Protection Measures against Gender Violence, establishes that universities will include and encourage in all academic fields training, teaching and Gender equality research and non-discrimination across the board.

Likewise, the National Strategy for the Eradication of Violence against Women 2013-2016, approved by the Council of Ministers Agreement of 26 July 2013, includes as a transversal objective to advance knowledge of violence against women, that of intensifying quality, evaluation and continuous progress. In this respect, as far as the educational field is concerned, one of the actions provided for in the document calls on the public authorities to promote research on violence against women among the school and university population.

As a result of all the above, by Order SSI/1507/2014, of July 29, the Government Delegation for Gender Violence Award was created for doctoral theses on gender-based violence, two of which were held in the calls for the same. However, in line with the content of the National Strategy for the Eradication of Violence against Women 2013-2016, it is considered necessary to encourage research and advance knowledge not only of gender-based violence, that is, that as a manifestation of the discrimination, the situation of inequality and the relations of power of men on women, it is exercised on these by those who are or have been their spouses or those who are or have been linked to They are for similar relationships of affectivity, even without coexistence, but of all forms of violence derived from membership in female sex.

For this reason, through the present order, the Awards of the Government Delegation for Gender Violence are created to doctoral theses on violence against women, in order to distinguish those research works which, within the university sphere, are worthy of a special recognition for their significance in order to know the dimension, consequences and characteristics of violence against women, as well as the means to avoid it.

For all of the above, and in accordance with Articles 9 and 17 of Law 38/2003 of 17 November, General of Grants, as well as in the additional provision of that law, it is necessary to approve of the order of regulatory bases for the granting of the Awards of the Government Delegation for Gender Violence to doctoral theses on violence against women.

This order has been informed by the State Advocate and by the Delegation of the General Intervention of the State Administration in the Ministry of Health, Social Services and Equality, as well as by the Agency Spanish de Protección de Datos.

In its virtue, with the prior approval of the Minister of Finance and Public Administrations, I have:

Article 1. Object.

1. The purpose of this order is to create the Awards of the Government Delegation for Gender Violence to doctoral theses on violence against women and to establish the regulatory basis for granting them.

2. The purpose of the Government Delegation for Gender Violence Awards to doctoral theses on violence against women is to recognize and reward the authors of those doctoral theses who, as a result of their research, have contributed to improving the knowledge of the dimension, consequences and characteristics of violence against women, as well as the means to avoid it. For these purposes, violence against women shall be understood in accordance with the provisions of the Declaration on the Elimination of Violence against Women, adopted by Resolution 48/104 of 20 December 1993, of the General Assembly of the United Nations, " any act of violence based on the membership of female sex which has or may result in physical, sexual or psychological harm or suffering for women, as well as the threats of such acts, coercion or deprivation the arbitrary freedom, whether they occur in public life or in private life, " the gender-based violence a concrete manifestation of it.

Article 2. Award procedure.

1. Each call shall award the two best theses submitted and the call shall determine that the financing of the prizes referred to in this order shall be made from the appropriations which are determined for that purpose in the General budget of the State for the corresponding annuity, with 60% of the total budget allocated to the First Prize and 40% to the Second Prize.

2. The procedure for awarding the prizes shall be carried out in accordance with Articles 22.1 and 23.2 of Law 38/2003 of 17 November, General of Grants, under competitive competition and shall be initiated on its own initiative approved by resolution of the holder of the Secretary of State for Social Services and Equality.

This notice must be published in the National Database of Grants (hereinafter BDNS) and an extract thereof in the "Official Gazette of the State", in accordance with the procedure laid down in Article 20.8 of the Law 38/2003, dated November 17.

Likewise, the convening body shall forward to the BDNS information of the call and the decision to grant it relapse in the terms laid down in Article 20 of Law 38/2003 of 17 November.

3. This notice shall determine that the financing of the prizes referred to in this order shall be made from the appropriations which are determined for that purpose in the general budget of the State for the purposes of the annuity.

Article 3. Requirements.

1. The corresponding calls may be made on the basis of the calls, in accordance with the same conditions, for natural persons of Spanish nationality or of any Member State of the European Union, who have defended their doctoral thesis in any event. Spanish university obtaining the qualification of outstanding cum laude, within the period and under the conditions set out in each call.

2. The doctoral theses must be written in Spanish, being able to contain sections or articles in a second language whenever the translation is provided, and to be unpublished. This requirement shall be deemed to be in breach where, prior to the submission of the application to participate in the call, the thesis has been fully reproduced in any form of print or audiovisual media, or has been awarded by any public authority or any entity of a public or private nature, unless the publication has been carried out by the same university in which the thesis has been submitted.

3. Applicants, irrespective of whether other specific requirements are laid down in the respective calls, shall meet at least the following requirements:

a) Having full capacity to work.

(b) Not to be disabled or prohibited for the purpose of obtaining state aid or subsidies in accordance with the provisions of Article 13.2 of Law 38/2003 of 17 November, which must be credited to the set out in paragraph 7 of that Article.

c) Halting to the current of the tax obligations and social security, crediting it in the form set out in article 4.3.

Article 4. Form and time limit for the submission of applications.

1. The applications, addressed to the holder of the Government Delegation for Gender Violence, will be formalized in the model indicated by the call and, together with the required documentation, may be presented in the General Register of the Ministry of Health, Social Services and Equality, or in the other registers and offices referred to in Article 16.4 of Law 39/2015 of 1 October of the Common Administrative Procedure of Public Administrations.

Also, in accordance with the provisions of Law 39/2015 of 1 October, applications may also be submitted by electronic means through the electronic headquarters of the Ministry of Health, Social Services and Equality, the address of which is https:/sede.msssi.gob.es.

2. The time limit for the submission of applications shall be 20 working days from the date following the publication of the extract of the corresponding calls in the Official Gazette of the State. Exceptionally, and in the interest of the particular characteristics of each call, a longer or shorter time limit for the submission of applications may be established, which shall in no case exceed 40 working days.

3. The application must be accompanied by the following documentation:

(a) Authorization to the convening body, which shall be recorded in the application or any other subsequent documentation, so that it checks its data by means of the Identity Data Verification System, as established by the Royal Decree 522/2006 of 28 April 2006 abolishing the provision of photocopies of identity documents in the administrative procedures of the General Administration of the State and its related or dependent public bodies, or in his case, photocopy of the national identity card or passport.

b) Curriculum vitae, with exposure of academic and professional merits, in accordance with the standard model indicated in the corresponding call.

c) A copy of the doctoral thesis and a descriptive summary of the thesis, with a maximum extension of ten pages, written in Spanish. These documents must be submitted both on paper and on computer support.

d) A responsible statement that the doctoral thesis is unpublished and has not been published by any public or private entity, except for the university itself in which it was defended.

e) Documentation issued by the corresponding Spanish university in which the reading and defense of the doctoral thesis and the obtained qualification are accredited.

(f) Statement responsible for the fact that the applicant is not engaged in any of the causes of disablement provided for in Article 13.2 of Law 38/2003 of 17 November, according to the model established in the call.

g) Statement responsible for being aware of the compliance with the tax and social security obligations imposed by the provisions in force, as set out in Article 2.4.a) of the Order EHA/699/2009, of 12 March, establishing the grants in which the presentation of a responsible declaration will replace the presentation of certification certificates to be current in the fulfilment of the obligations Tax and social security, according to the model established in the call.

(h) Certificate of tax residence issued by the competent authorities of the country of residence, in the case of applicants who do not have their tax residence in Spanish territory.

i) Any other documentation that, depending on the specificity of each call, is required.

4. In case the application document does not gather the identification data of the applicant, or suffers from any other defects which are considered to be subsable, as provided for in Articles 66 and 68 of Law 39/2015, 1 October, the applicant shall be required to provide, within a period of ten working days, to remedy the misconduct or to accompany the required documents, with the indication that, if he does not do so, he shall be withdrawn from his or her request, after a decision to be taken in accordance with the terms laid down in Article 21 of that law. Without prejudice to the foregoing, at any stage of the procedure, the requesting person may be urged to complete any other requirement or procedure omitted, in accordance with the provisions of Article 73 of Law 39/2015 of 1 October 2015, granting to that effect a period of ten working days from the day following that of the notification, with an express warning that, if not so, it may be declared decayed in its right to the corresponding procedure. The action of the persons concerned shall be admissible and shall produce their legal effects, if it occurs before or on the day on which the decision on the expiry of the period is notified.

Article 5. Data protection.

1. The personal data, collected in the application, will form part of a file of ownership of the Government Delegation for Gender Violence and will be subject to the protection established in Organic Law 15/1999, of 13 of December, for Personal Data Protection.

2. In compliance with the Organic Law 15/1999 of 13 December, the works presented, i.e. the copies of the doctoral theses and the descriptive summaries referred to in Article 4.3.c) of this order, must be subject to a dissociation procedure which prevents the inclusion of personal data, in particular those relating to victims of violence against women.

3. The respective calls shall provide for the manner in which the persons concerned shall be informed in a clear and precise manner of the rights which they are entitled to, in accordance with Article 5 of the said Organic Law 15/1999 of 13 December 1999. This information shall be incorporated into the application models covered by Article 4.1 of this order.

Article 6. Competent bodies for the management, instruction, evaluation and resolution of the concession procedure.

1. The authority responsible for the procedure is the Government Delegation for Gender Violence.

2. The competent body for the instruction of the procedure is the General Subdirectorate for Awareness, Prevention and Knowledge of Gender Violence.

3. Each call shall determine the constitution of a Jury to act as a collegiate body referred to in Article 22.1 of Law 38/2003 of 17 November.

The Jury will consist of the following members:

a) Presidency: the head of the Government Delegation for Gender Violence.

b) Vocals: four vowels, appointed by the head of the Government Delegation for Gender Violence, two of them among staff members of the Government Delegation for Gender Violence and the other two between experts and professionals of recognized prestige in the field of violence against women.

(c) Secretariat: shall act as Secretary, with a voice and without a vote, a person official of the Government Delegation for Gender Violence appointed by the person who holds the office.

4. The functioning of the Jury, as a collegiate body, shall be governed by the provisions of Section 3 of Chapter II of the preliminary title of Law 40/2015 of 1 October, of the Legal Regime of the Public Sector, and shall be addressed with the personal means and materials available to the Government Delegation for Gender Violence.

The measures and actions included or derived from this rule will be met with the existing budgetary resources available for each financial year and will not be able to result in a net increase in the expenditure of staff at the service of the Administration.

5. Only applications that have been submitted in time shall be evaluated in compliance with the requirements laid down in the regulatory bases.

Once the applications submitted have been evaluated, the Jury will formulate a report on the applications, in which the result of the evaluation will be completed and will be sent to the instructor, who will be competent to formulate the appropriate proposed resolution to the competent body to resolve. This report shall include a list of the doctoral theses assessed in order to score.

6. He shall be responsible for issuing the decisions to be taken on each call by the person holding the Secretary of State for Social Services and Equality.

Article 7. Objective criteria for granting.

1. The assessment and selection of applications shall be carried out in accordance with the principles of concurrency, objectivity and non-discrimination.

2. The assessment of the theses will take into account the following general criteria that will be specified in each call:

a) Justification of the doctoral thesis: The interest and innovative character of the doctoral thesis in relation to violence against women, as well as their scientific-technical quality, the rigor of their analysis, opportunity and other related aspects, up to a maximum of 50 points.

(b) The content of the doctoral thesis: The methodological quality and the use of empirical social research techniques and the proposal for innovative actions, whether pilot or experimental, will be assessed. Implementation may provide relevant information to develop policies for the prevention and eradication of violence against women, as well as other related aspects, up to a maximum of 50 points.

Article 8. Resolution.

1. The instructor shall, in the light of the report of the Jury, make the appropriate proposal for a resolution, duly substantiated, to be expressed by the applicants for which the awards are proposed, and the amount thereof, specifying their assessments and the assessment criteria followed to carry out them.

2. If, in the judgment of the Jury, no candidate meets sufficient requirements, the awards may be declared deserts.

3. When, in the absence of any of the requirements laid down in this order or one that establishes the call, the Jury recognizes exceptional merits of interest and quality in a thesis in concurrence, the latter may propose to the body The instructor shall be given a special mention, without any financial envelope, to the person who is the author of the special mention. The instructor shall, where appropriate, make the appropriate motion for a resolution to the competent body to be resolved.

4. The body responsible for resolving the award of the awards shall adopt the decision as appropriate within 15 working days from the date of the lifting of the motion for a resolution and in accordance with the provisions of Article 88 of the Law. 39/2015, dated October 1.

The resolutions shall be reasoned, and in any event the basis of the resolution to be adopted shall be accredited, in accordance with the provisions of Article 25 of Law 38/2003 of 17 November.

The resolution, in addition to containing the applicants to whom the prize is awarded, to the alternates and, where appropriate, the person deserving of the special mention, shall record the rejection of the remainder of the applications.

5. The maximum period for resolving and notifying the decision of the procedure to the person or persons concerned shall be six months from the date of publication of the relevant calls, and shall end the administrative route, The Commission may, within a period of one month from the day following the notification concerned, bring an action against it for replacement of the body referred to in the resolution in accordance with the terms laid down in Articles 123 and 124 of the Law 39/2015 of 1 October, or legal-administrative action before the court or tribunal administrative-administrative proceedings within two months of the day following that of the notification of the decision, in accordance with the provisions of Law No 29/1998 of 13 July 1998, regulating the Administrative-Administrative Jurisdiction, without both resources can be combined.

Exceptionally, an extension of the maximum time limit for resolution and notification may be agreed, in the terms and limitations set out in Article 23.1 of Law 39/2015 of 1 October 2015, agreement to the applicants.

After the maximum period without notice of the decision, the persons concerned will have to understand their requests, in accordance with the provisions of Article 25.5 of Law 38/2003 of 17 November.

6. The prizes awarded will be published in the National Database of Grants and on the website of the Ministry of Health, Social Services and Equality: http://www.violenciagenero.msssi.gob.es/sensibilizacionConcienciacion/premios/tesis/home.htm.

Article 9. Incompatibilities.

The award of these awards will be incompatible with other awards or grants under the Ministry of Health, Social Services and Equality.

Article 10. Obligations of the beneficiaries.

1. In addition to complying with the obligations laid down in Article 14 of Law 38/2003 of 17 November, which will be applicable in the present case, the persons receiving the prizes are obliged to make their concession on the basis of the Ministry of Health, Social Services and Equality in any publication of the awarded doctoral thesis.

2. In addition, the recipients of the awards must communicate to the awarding body as soon as it is known, the award of grants, prizes, aids, income or resources for the same purpose, from any of the public or private authorities, national or European Union or international bodies, as well as their amount.

3. The award and enjoyment of these awards shall not establish a contractual or statutory relationship between the beneficiaries and the Ministry of Health, Social Services and Equality.

Article 11. Rewards of the awards.

1. The recovery of the amounts received and the requirement for the interest of the corresponding delay shall be made when some of the causes provided for in Article 37 of Law 38/2003 of 17 November are met.

2. The procedure for reimbursement is governed by the following provisions contained in Articles 41 to 43 of Law 38/2003 of 17 November:

(a) The procedure for the reimbursement of the prize shall be governed by the general provisions on the common administrative procedure, contained in Title IV of Law 39/2015 of 1 October, without prejudice to the are set out in Law 38/2003 of 17 November and Chapter II of Title III of its Rules of Procedure, approved by Royal Decree 887/2006 of 21 July.

(b) The refund procedure shall be initiated on its own initiative by the competent body, either on its own initiative or as a result of a higher order, on a reasoned request from other bodies or on a complaint. It shall also be initiated as a result of the financial control report issued by the General Intervention of the State Administration.

The body responsible for the management and instruction of the procedure is the General Subdirectorate for Awareness, Prevention and Knowledge of Gender Violence.

The competent body to resolve is the head of the Secretariat of State for Social Services and Equality.

(c) In the course of the proceedings, the right of the person concerned to the hearing shall be guaranteed, as well as to make representations and to produce the documents which it considers relevant, as provided for in the Article 94 of the Regulation of Law 38/2003 of 17 November.

(d) The maximum time limit for resolving and notifying the resolution of the refund procedure shall be 12 months, from the date of the initiation agreement. That period may be suspended and extended in accordance with Articles 22 and 23 of Law 39/2015 of 1 October 2015. If the time limit for resolving the case has elapsed without the express resolution being notified, the procedure shall be terminated, without prejudice to the continuation of the proceedings until the termination of the proceedings and without prejudice to the limitation of the actions carried out until the end of that period.

e) The decision of the proceedings shall terminate the administrative procedure and may, within one month of the day following the notification concerned, bring an action against it for the replacement of the body. where the decision is taken, in the terms provided for in Articles 123 and 124 of Law 39/2015 of 1 October 2015, or a judicial-administrative appeal before the judicial-administrative judicial order, within two months, to be counted from the day following that of the notification of the decision, in accordance with the provisions of the Law 29/1998 of 13 July, without which both resources can be combined.

(f) The limitation of the refund shall be governed by the provisions of Article 39 of Law 38/2003 of 17 November and Title III of the Regulation of that Law.

g) The amounts to be entered will have the consideration of income from public law, resulting from application for their collection, the provisions of Law 47/2003, of November 26, General Budget.

Article 12. Responsibility and sanctioning regime.

The award-winning persons shall be subject to the responsibility and sanctioning regime laid down in Title IV of Law 38/2003 of 17 November and in the correlating provisions of their Rules of Procedure. They shall also be subject to the provisions of Chapter III of the preliminary title of Law 40/2015 of 1 October 2015 and Law 39/2015 of 1 October 2015.

Single repeal provision. Regulatory repeal.

Order SSI/1507/2014, dated July 29, is hereby repealed, establishing the regulatory basis for the Government Delegation for Gender Violence Award for doctoral theses on gender-based violence.

Final disposition first. Competence title.

The competence of the State to dictate this order is based on article 149.1.15. of the Spanish Constitution which attributes to the State exclusive competence in matters of promotion and general coordination of research scientific and technical.

Final disposition second. Extra duty.

As not provided for in this order, the provisions of Law 38/2003 of 17 November, General of Grants, in Royal Decree 887/2006 of 21 July, approving the Regulation of Law 38/2003, of 17 May, will apply. November, General of Grants, in Law 39/2015, of 1 October, of the Common Administrative Procedure of the Public Administrations and in Law 40/2015, of 1 October, of Legal Regime of the Public Sector.

Final disposition third. No increase in public spending.

Measures and actions included or derived from this rule will be met with the existing budgetary provisions for each financial year and will not be able to result in a net increase in the expenditure of staff at the service of the Administration.

Final disposition fourth. Entry into force.

This order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, 8 February 2017. -Minister for Health, Social Services and Equality, Dolors Montserrat Montserrat.