The Ministry of Culture has developed a protocol to prevent sexist violence with minimum action measures for all cultural companies. The 70-page document to which EL PAÍS had access is intended to be a guide for the identification and reparation of victims with specific recommendations for each cultural sector. The Unit created by Ernest Urtasun’s portfolio will periodically publish the list of subjects participating in the plan. The culture will also increase incentives for organizations that apply this protocol. That is, they will receive more points when they apply for certain aid granted by the Ministry.
This protocol joins the work that the Prevention and Attention Unit against Violence in the Audiovisual and Cultural Sector has been carrying out since October 10th. The data from the first year of work of this entity, which offers initial psychological and legal attention, will be presented this Tuesday at the Accademia del Cinema, collaborator of Culture in this project which also includes training on these sector policies. The Aspacia Foundation, “a non-governmental feminist organisation”, is responsible for managing cases “confidential and free” and without the need for prior judicial reporting.
The project was born after the publication in EL PAÍS of the investigation into sexual violence reported by six women to this newspaper, conducted by Carlos Vermut between January and February 2024.
Therefore, now, Cultura’s objective is that “people who are members of cultural productions and projects favor the creation of a safe and inclusive space, as well as the implementation of clear codes of conduct, accompanied in any case by awareness campaigns and telephone helplines”, we read in the document. The text launches “an appeal to all operators in the cultural sector to adapt it to their organization and commit to its application”. As companies adhere to this “decalogue of good practices”, their name will appear on www.unidadculturasviolencia.es. Those who adhere to the protocol must “ensure its adequate dissemination, once implemented, among all workers, regardless of their contractual type or location”.
commission of inquiry
The proposal starts from the creation of a commission made up of three people (plus a substitute), in the case of companies with more than 50 employees. The members will be permanent to “ensure maximum confidentiality of this procedure”. In the case of smaller entities, this task will be carried out by “an instructor” who will have to make use of the support of a substitute.
This commission will be responsible for receiving, investigating and resolving complaints received through channels that guarantee the privacy of the individual concerned. The protocol clearly details the different harassment situations for each sector, including for some phases. Let’s take an example from the audiovisual sector: there is advice for all phases of a film, from casting tests, to rehearsals, to filming, to editing and post-production. The same distribution is proposed for workers in entertainment, music (concerts, sound checks…) and museums and art galleries.
“The behaviors that constitute these behaviors can be various, so it is important to clarify that it is not a closed list, being however open to new definitions and concepts that could emerge over time”, we read in the text which includes the definitions of sexual harassment, sexist harassment, suffered due to sexual orientation, gender expression, discrimination and violence in the digital sphere.
Among the preventive measures, it is proposed “that the protocol be attached as an annex to the contract, so that all workers undertake to read and respect it”, the carrying out of periodic evaluations and the creation of committees or working groups dedicated to equality and diversity.
Not only can those who have directly suffered some type of violence contact these commissions, but “exceptionally, any worker who is aware of the existence of events of this nature can also initiate the procedure”. Furthermore, the protocol allows anonymous complaints to, as specified in the document, “avoid any psychological or social risk due to fear of retaliation”.
Preserve the principle of innocence
The Culture Guide specifies that the principle of innocence must not be violated. “In any case the complaint or report must be accompanied by rational, serious and truthful elements useful for ascertaining the facts”. For this, the Ministry proposes that a document be presented with “minimum information” such as the identity of the person who filed the complaint, the identification of himself, the description of the facts and the reason for the harassment, as well as other details such as the date and place, and the person who committed the attack.
Before reaching a resolution, the company, the protocol suggests, can adopt precautionary measures that do not affect the development of the investigation. In the event that sanctions are finally adopted against a person, these will be imposed according to “the table of infringements and sanctions established in the collective agreement applicable to the company or, failing that, according to article 54 of the Workers’ Statute”.
Culture and the Film Academy propose other restorative measures that help victims recover psychologically, as well as ensuring non-repetition. “Symbolic acts such as public apologies, recognition of inappropriate behavior and public commitments can also be made to prevent future incidents,” the text adds.
All this work must be carried out with “agility and speed in investigating and resolving the reported conduct”. Once a decision is made, there is “a maximum period of 30 days” for the commission or person in charge to evaluate the implemented decisions. “The objective of this monitoring is to analyze the impact of the measures adopted, both sanctioning and remedial, ensuring that they are adequately implemented and that the results are as expected”.
In the protocol, Culture did not work in collaboration with the Ministry of Equal Opportunities, but surrounded itself with sector organizations such as the Association of Women Filmmakers and Audiovisual Media (CIMA), Classics and Moderns, MAV, MIM and Women in Music. The Ministry paid particular attention to the CIMA report, presented last April, in which a devastating picture was already painted: 60.3% of women declared they had suffered some type of sexual violence in spaces linked to the film and audiovisual industry. The investigation it was based on 312 polls online answered by members of this organization (which has 1,300 members) and completed with working groups and interviews with experts. The main conclusion was that it is “an unsafe working environment for women”. Cultura’s objective is precisely to try to “build a safe and respectful working environment in the sector”.
