The Ministry of Culture and the Film Academy have developed a protocol to prevent sexist violence with minimum action measures for all Cultural companies. The 70-page document to which EL PAÍS has had access aims to be a guide for the detection and reparation of victims with specific recommendations for each cultural sector. will periodically publish the list of entities that adhere to the plan. Culture will also increase incentives for organizations that apply this protocol. That is, they will receive more points when they request certain aid granted by the Ministry.
This protocol joins the work that has been carried out since last October 10 in the Audiovisual and Cultural Sector. The data from the first year of work of this entity, which offers first psychological and legal attention, will be presented this Tuesday at the Film Academy, co-author of Culture in this project that also includes training in these policies in the sector. The Aspacia Foundation, “a feminist non-governmental organization,” is in charge of handling cases “confidentially and free of charge” and without the need for a prior judicial complaint.
The project was created after the publication in EL PAÍS of the investigation into sexual assaults reported by .
Therefore, now, the objective of Culture is that “the 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 that are accompanied in all cases by awareness campaigns and helplines,” the document reads. The text makes “a call to all agents 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 in . Those who adhere to the protocol must “guarantee its adequate dissemination, once it is implemented, among all workers, regardless of their contractual modality or location.”
investigation commission
The proposal begins with the creation of a commission made up of three people (and a substitute), in the case of companies with more than 50 workers. The members will be permanent to “guarantee the maximum confidentiality of this procedure.” In the case of smaller entities, this task will be carried out by “an instructor” who will have to have 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 affected person. The protocol clearly details the different harassment situations for each sector, even for certain stages. Take an example from audiovisual: there are tips for all phases of a film, from casting tests, rehearsals, filming, editing and post-production. This same breakdown is proposed for the performing arts, music (concerts, sound checks…) and museum and art gallery workers.
“The behaviors that constitute these behaviors can be varied, so it is important to clarify that this is not a closed list, being in any case open to new definitions and concepts that may arise over time,” can be read in the text that includes the definitions of sexual harassment, sexist harassment, that suffered due to sexual orientation, gender expression, discrimination and violence in the digital sphere.
Among the preventive measures, it is proposed “that the protocol should be attached as an annex to the contract, so that all workers commit to reading and complying with it”, the carrying out of periodic evaluations and the creation of committees or working groups dedicated to equality and diversity.
Not only those who have directly suffered some type of violence can go to these commissions, but “exceptionally, any worker who is aware of the existence of events of this nature may also initiate the procedure.” In addition, the protocol allows anonymous complaints to, as detailed 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 should not be violated. “In any case, the complaint or report must be accompanied by rational, serious and truthful evidence for the investigation of the facts.” For this, the Ministry proposes that a document be presented with “minimum information” such as the person filing the complaint identifying themselves, describing the facts and reason for the harassment, in addition to other information such as the date and place, and the person who committed the attack.
Before reaching a resolution, the company, the protocol suggests, can implement precautionary measures that do not condition the development of the investigation. In the event that sanctions are finally taken against a person, they will be imposed according to “the table of infractions and sanctions established in the collective agreement applicable to the company or, failing that, in accordance with article 54 of the Workers’ Statute.”
Culture and the Film Academy propose other reparative measures that help victims recover psychologically, in addition to guaranteeing non-repetition. “Symbolic acts such as public apologies, recognition of inappropriate behavior and public commitments can also be carried out to prevent future incidents,” the text adds.
All of this work must be done with “agility and speed in the investigation and resolution of the reported conduct.” Once a decision is made, there is “a maximum period of 30 days” for the commission or the 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 carried out and that the results are as expected.”
In the protocol, Culture has not worked in collaboration with the Ministry of Equality, but has surrounded itself with organizations in the sector such as , Classical and Modern, MAV, MIM and Women in Music. The Ministry has paid special attention to the CIMA report, presented last April, where a devastating portrait was already drawn: 60.3% of women declared having suffered some type of sexual violence in spaces related to the film and audiovisual industry. The investigation was based on 312 surveys online answered by (which has 1,300 members) and completed with work groups and interviews with experts. The main conclusion was that it is “an unsafe work environment for women.” The objective of Culture is precisely to try to “build a safe and respectful work environment in the sector.”
