Spain Establishes Landmark Compensation Protocol for Victims of Church Abuse

The Spanish government, the Catholic Church, and the Ombudsman have signed a protocol regulating the compensation process for victims of sexual abuse committed within the ecclesiastical environment. The document builds upon the agreement reached on 8 January, outlining the procedure for requesting and receiving reparations, though it does not specify fixed payment amounts.

The agreement was signed by the Minister of Justice, Félix Bolaños; the President of the Spanish Episcopal Conference, Luis Argüello; and the Ombudsman, Ángel Gabilondo. The Ombudsman’s office will serve as the key body responsible for assessing each individual case and determining the compensation amount.

The new mechanism is set to launch on 15 April. Applications will be submitted through the Ministry of Justice and subsequently forwarded to the Victims' Unit within the Ombudsman’s Office. The unit is required to prepare a decision within a maximum of three months, which may include "symbolic, restorative, spiritual, and/or financial compensation."

This proposal will then be presented to the Church's advisory committee for evaluation over a maximum period of two months. If both parties agree, the decision becomes final. Should any party express dissent, a committee involving the state, the church, and victims' representatives will be convened to reach an agreement within one month. In the absence of a consensus, the final decision rests with the Ombudsman, and the Church is mandated to comply.

Notably, the protocol lacks fixed compensation scales. Authorities have explained this decision as a necessity for a tailored, individual approach.

"I insist that we must consider each case individually. We wanted to exclude scales and specific monetary amounts from the text. All three parties agreed on this. No sums, no ranges, nothing of the sort—only proposals for the redress of grievances," stated Ombudsman Ángel Gabilondo.

Félix Bolaños, the Minister of Justice, emphasised that the reason for the absence of minimum or maximum amounts is that "every case will be thoroughly examined," and "fair redress should not be determined by a single figure."

Gabilondo further clarified that the lack of fixed payments does not mean a lack of criteria. Evaluations will take into account the victim's age, the duration of the abuse, the relationship with the perpetrator, and the physical, psychological, social, and family consequences, including the loss of educational, employment, or social opportunities.

By its own count, the Spanish Church recognises 2,002 victims of abuse. However, the publication El País cites 2,951 cases. In Europe, the average compensation stands at approximately €35,000, while in Ireland, it can reach up to €300,000 in severe cases.