NGOs challenge Ministry of Equality grants for imposing abolitionist ideological requirement
El Salto
- Three NGOs—CATS, Ambit, and Genera—have filed administrative lawsuits in the National Court against the Spanish Ministry of Equality.
- The lawsuit challenges new ministerial orders that make public funding conditional on organizations explicitly recognizing prostitution as a form of violence against women in their statutes.
- The organizations argue this creates an unprecedented ideological requirement in Spanish democracy, superseding technical criteria for grant eligibility.
Background and Ministerial Orders
- In February 2024, the Ministry of Equality modified two orders (IGD/239/2022 and IGD/183/2024) to align grant bases with the updated 2025 State Pact against Gender Violence.
- The Ministry claims the changes aim to improve the specialization of applicant entities and ensure alignment with the state's strategic framework.
- The new requirements mandate that organizations officially declare an abolitionist stance regarding prostitution and surrogacy to qualify for funding.
Legal Arguments and Implications
- The plaintiffs contend the requirement violates Articles 14 and 16 of the Spanish Constitution regarding equality and ideological freedom.
- Critics argue that equating all prostitution with gender-based violence lacks a firm basis in current positive law and effectively blacklists organizations that hold pro-rights positions.
- The affected NGOs assert that the state is using public funds to enforce a specific feminist ideology and silence dissenters.
- The organizations have stated their readiness to escalate the case to the Constitutional Court if necessary, viewing this as a dangerous precedent for the use of public resources to enforce political alignment.