Spain
The Law 62/2003 of fiscal, administrative and social measures defines the principle of equality as «the inexistence of any kind of direct or indirect discrimination due to racial, ethnical religious or ideological reasons as well as in the case of a handicap, age or sexual orientation reasons».
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Anti-discrimination Legislation & Implementation
The Law 62/2003 of december 30th defines direct and direct discrimination: when one person will be trated in a less favourable way than another in an analougs situation for racial, ethnical religious or ideological reasons as well as in the case of a handicap, age or sexual orientation reasons"
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Is racial discrimination defined in national law?
National law defines the racial discrimination as in ICERD and EU law.
Qualitative Info
The Law 62/2003 of fiscal, administrative and socila measures defines the principle of equality as «the inexistence of any kind of direct or indirect discrimination due to racial, ethnical religious or ideological reasons as well as in the case of a handicap, age or sexual orientation reasons».
The Organic Law 4/2000, of January 11th about the Rights and Obligations of Foreigners in Spain and their ocial Integraation defines in its article no. 23the discriminatory acts. E.g: considering this law,discrimination can be defined as "any cact that directly or indirectly implies a diferentiation, exclution, restriction or preference agains a foreign person and based on its race, color, ancestry or national origin, ideology and religious practices. Having this discrimintation the gol of distroying or limminting, in equality conditions, the recognition or exercise of human rights and basic liberties in the political, social and cultural areas".Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
External Url http://www.boe.es/boe/dias/2003/12/31/pdfs/A46874-46992.pdf
See other countriesSee indicator history -
Is there a definition of discrimination on the grounds of race, ethnic origin and/or religion in national law in conformity with the EU Directives?
Yes, in the same terms as defined in Race and Employment Directives.
Qualitative Info
The Law 62/2003 of december 30th defines direct and direct discrimination: when one person will be trated in a less favourable way than another in an analougs situation for racial, ethnical religious or ideological reasons as well as in the case of a handicap, age or sexual orientation reasons" And indirect discrimination takes place "when a legal disposition, a conventional or regulatory clause, an individual agreement or an unilateral decision, which are apparently neutral, can eventually create a disadvantage for one person with respect to the others for racial, ethnical religious or ideological reasons as well as in the case of a handicap, age or sexual orientation reasons. Taking into account that the latter do not obbey a legitimate reason, and that the means used to achieve this objective are not the adequate and necessary ones. This law defines harassment as "any not desired behaviour related with racial, ethnical religious or ideological reasons as well as in the case of a handicap, age or sexual orientation reasons that intend to attempt on a person's dignity and create a threatening, humilliating and ofensive atmosphere".
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
- Anti-racism
External Url http://www.boe.es/boe/dias/2003/12/31/pdfs/A46874-46992.pdf
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Does the national law cover all grounds of discrimination as in the International Conventions and EU law or additional discrimination grounds?
Yes. National law covers all grounds as in ICERD and EU law.
Qualitative Info
It covers all the groups and areas included in the Race and Employment Directives.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
- Anti-racism
External Url http://www.boe.es/boe/dias/2003/12/31/pdfs/A46874-46992.pdf
See other countriesSee indicator history -
Does nationality, citizenship serve as a ground for discrimination in access to public goods and services, employment and/or deprivation of economic and social rights?
No, the Organic Law 4 / 2000 on the rights and freedoms of foreigners in Spain and their social integration regulates discrimination by nationality.
Qualitative Info
The Law 4/2000, in its article number 32 defines discrimination as "any cact that directly or indirectly implies a diferentiation, exclution, restriction or preference agains a foreign person and based on its race, color, ancestry or national origin, ideology and religious practices. Having this discrimintation the gol of distroying or limminting, in equality conditions, the recognition or exercise of human rights and basic liberties in the political, social and cultural areas".
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
- Integration - social cohesion
External Url http://noticias.juridicas.com/base_datos/Admin/lo4-2000.html
See other countriesSee indicator history -
Does statelessness serve as a ground for discrimination in access to public goods and services and/or deprivation of economic and social rights?
No, recognized stateless persons have the same rights and obligations under the Law 4 / 2000 on the rights and freedoms of foreigners in Spain and their social integration.
Qualitative Info
Spain has signed the Convention about the Statute of the Stateless of September the 28th of 1954 the condition of stateless is regulated by the Law 12/2009 of October the 30th. This law regulates the right of asilum and of subsidiary protection. the rights and obligations of the stateless are regulated by the the Law 4/2000 which talks about the rights and liberties of foreigners in Spain and their social integration.
Groups affected/interested
- Migrants
- Refugees
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
- Anti-racism
- Integration - social cohesion
External Url http://noticias.juridicas.com/base_datos/Admin/lo4-2000.html
See other countriesSee indicator history -
Discrimination on the grounds of race, ethnic origin and/or religion is prohibited in all the areas provided for by the EU Directives?
Yes.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
- Anti-racism
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Are there specialised bodies/agencies/mechanisms which receive, handle/investigate complaints in discrimination cases?
Yes.
Qualitative Info
Counseil for the promotion of equality of treatment and for the non-discrimination of people due to their racial or ethnical origin. One of the competencies of the Counseil is that of "assisting the victims of discrimintation due to racial or ethnical origin in relation with their complaints". Ombudsman (there is a national one and an extra one for each Autonomous Community). This institution's mission is to "protect and defend the rights and public liberties of citizens".
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
- Anti-racism
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Are there mechanisms in place to collect data on racial discrimination in line with data protection legislation as an effective means of, monitoring and reviewing policies and practices to combat racial discrimination and promote racial equality?
Until the creation in 2010 of the Network of Agencies to Support Victims of Discrimination, there was no mechanism to collect data on racial discrimination.
Qualitative Info
The Spanish Equality Body has set in motion (July 2010) a mechanism for the reception of complaints, the Network of Agencies to Support Victims of Discrimination, made up of eight NGOs. However there are no results to be reported yet.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
- Anti-racism
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Does legislation provide for the possibility of adopting special/positive measures prevent or compensate for disadvantages linked to racial or ethnic origin in order to ensure full equality in practice?
Yes, the possibility of introducing positive policies stated in Law 62/2003 on fiscal, administrative and social order.
Qualitative Info
The article number 30 of the Law 62/2003 says that "in order to grant complete equality in terms of racial or ethnical origin, the Principle of Equality of Treatment will not prevent from taking specifical measures in favour of certain groups in order to prevent or compensate disadvantages they suffer due to theis racial or ethnical origin. Also, the Spanish Equality Body has as one of its main competencies "to promote those messures that contribute to the elimination of discrimination of people due to their racial or ethnical origin, formulating, if necessary, recomendations about any related matter". The article number 35 related to working environment adds "...for racial, ethnical religious or ideological reasons as well as in the case of a handicap, age or sexual orientation reasons".
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
- Anti-racism
- Integration - social cohesion
External Url http://www.boe.es/boe/dias/2003/12/31/pdfs/A46874-46992.pdf
See other countriesSee indicator history -
Are special/positive measures for securing advancement and protection of certain racial or ethnic groups widely adopted and implemented?
Yes.
Qualitative Info
Plan de Acción para el desarrollo de la población gitana 2010/2012.
http://www.msps.es/politicaSocial/inclusionSocial/docs/planDefinitivoAccion.pdf
Plan Estratégico de Ciudadanía e Integración 2011-2014. http://extranjeros.mtin.es/es/IntegracionRetorno/Plan_estrategico2011/pdf/PECI-2011-2014.pdfGroups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
- Anti-racism
- Integration - social cohesion
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Is the State or are state representatives reported to engage in discriminatory acts or practices by independent authoritative sources?
No.
A few isolated cases in some municipalities.Qualitative Info
The fourth report about Spain (ECRI) refers to the cases of two spanish municipalities that in 2010 refused to include in the municipal register to irregular immigrants.
Central and regional governments acted vigorously against these councils reminding them that they were not acting according to law.Groups affected/interested
- Migrants
- Refugees
Type (R/D)
- Anti-migrant/xenophobia
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-racism
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Is legal support for victims available from public agencies/bodies? Is there access for victims to assistance and justice?
Yes, Law 1 / 1996 Legal Aid includes the right of the Spanish people to have legal aid. On the other hand, Law 4 / 2000 on the rights and freedoms of foreigners in Spain and their social, Article 22 also contains this right for foreigners in Spain.
Qualitative Info
The Spanish Equality Body has set in motion (July 2010) a mechanism for the reception of complaints, the Network of Agencies to Support Victims of Discrimination, made up of eight NGOs.
Regional governments have programs for free assistance with various NGOs working with different groups who may experience discrimination: immigrants, asylum seekers, ethnic groups, gay groups, disabled, etc..Groups affected/interested
- Migrants
- Refugees
Key socio-economic / Institutional Areas
- Policing - law enforcement
External Url http://noticias.juridicas.com/base_datos/Admin/l1-1996.html
See other countriesSee indicator history -
Does the law foresee the shift of the burden of proof in civil / administrative procedures? Are there problems of implementation reported by independent authoritative sources?
Yes.
Qualitative Info
The article 32 of the Law 62/2003 determines that "in those processes of the civil jurisdictinal and the contentious-administrative jurisdictional areas in which discrimination due to racial or ethnical reasons can be deducted thanks to the alegations of the active part, it will be de plaintiff's responsability to provide an objective, reasonable and good enough justification. This should explain the measures taken and their proportionality". The article 36, related to the working environment adds "...for racial, ethnical religious or ideological reasons as well as in the case of a handicap, age or sexual orientation reasons".
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
- Anti-racism
- Integration - social cohesion
External Url http://www.boe.es/boe/dias/2003/12/31/pdfs/A46874-46992.pdf
See other countriesSee indicator history -
Can associations, organisations or other legal entities, who have a legitimate interest, engage, either on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure concerning discrimination?
Yes.
Qualitative Info
The article 32 of the Law 62/2003 determines that "those people who are legaly entiteled to carry out the degense of colective rights and legistimus interests will be allowed to act in court processes in behalf of the plaintiff that wants it this way. The goal will be to implement the principle of equality of treatment of people due to their reacial or ethnical origin".
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
- Anti-racism
- Integration - social cohesion
External Url http://www.boe.es/boe/dias/2003/12/31/pdfs/A46874-46992.pdf
See other countriesSee indicator history -
Is class action or actio popularis possible? (court claims or action in the name of a group)
Yes, in both cases.
Qualitative Info
The article number 32 of the Law 62/2003 of december the 30th confers legitimization to the corporate bodies that will be legally entitelled for the defense of the colctive and legitimate rigthts and interests- if demanded by the plaintiff- in order to act on the judicial processes on his behalf. The goal is to make effective the Principle of Equality of Treatment of people due to their racial or ethnical origin. Popular action is possible in the penal field. Also Law 36/2011, of October the 10th allows the entitiens with legitimate interest to accompagny the plaintiff in his work enviromnment to help in cases of discrimination.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
- Anti-racism
External Url http://www.boe.es/boe/dias/2003/12/31/pdfs/A46874-46992.pdf
See other countriesSee indicator history -
Are sanctions foreseen/provided by anti-discrimination legislation?
Yes.
Qualitative Info
Organic Law 4/2000, of January the 11th about Rights and Freedoms of the Foreigners in Spain and their Social Integration after describing its own definition of "discrimination act", it stablishes as a very serious infraction (art. 54,1c) its exercise. It sanctions with a fine of between 10,001 and 100,000 euros. The Royal Order in Council which aproves the Law about Infractions and Sanctions in Social Order forsees the loss of assistance, rebades and benefits from the employment program for employers who have commited very serious infractions due to discriminatory actions related to the racial or ethnical origin. The Law 19/2007 of July the 11th against Violence, Racism, Xenophoby and Intolerance in Sports fines with an amount of between 60,000.01 and 650,000 the very serious infractions derivated from racist, xenophobic or intolerant behaviours. Other types of sanctions can also be imposed such as: the ban for carrying out sports shows during two years, the temporary closing of the facilities, the prohibition of enterning any sports facilities for a period of between 2 and 5 years, the latter in the case of very serious infractions (art. 24). The Penal Code (OL 10/1995, November the 23rd) establishes as an agravating factor the commission of an offense for racist or other discrimination reasons. THe article 510 and following ones categorizes xenophobic behaviour as a crime.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
- Anti-racism
- Integration - social cohesion
External Url http://noticias.juridicas.com/base_datos/Admin/lo4-2000.html
See other countriesSee indicator history -
Is there provision within anti-discrimination legislation/practice forfinancial compensation/restitution of rights and are these applied in practice?
Yes.
Qualitative Info
In the penal legislation the sentence for an offense includes compensation for civil responsability.
In the work environment the modifications made on the Consolidated Law of the Worker's Statute by the Law 62/2003, of December the 30th, determine as null any rule or clause of a group agreement, individual pact and/or unilateral decision which may contain direct or indirec discrimination (art 17,1). Also in the social jurisdiction it is foreseen a compensation for possible damage to the victim of discrimination. In the penal area, since 2005 there have only been ten cases in which a racist motivation has been found as an aggravating circumstance. Related to the aplication of the article 510, only four cases have derived in successful judicial action since 2005 (Recomendation N. 10 of the Fourth Report about Spain ECRI).Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
- Anti-racism
External Url http://www.boe.es/boe/dias/2003/12/31/pdfs/A46874-46992.pdf
See other countriesSee indicator history -
Are there any problems concerning the implementation of national legislation prohibiting discrimination?
Yes.
Qualitative Info
In its "Fourth Report about Spain" (February 2011). In the penal area, since 2005 there have only been ten cases in which a racist motivation has been found as an aggravating circumstance. Related to the aplication of the article 510, only four cases have derived in successful judicial action since 2005 (Recomendation N. 10 of the Fourth Report about Spain ECRI). In The Memoire of the Attonrney of Barcelona 2010 (first attorney in Spain with a special department for Hate and Discrimination Crimes) it is repeted as in the 2009 Memoire, that penal and civil practice reforms are necessary in order to allow the Justice Administration to count on better tools for the persectution of hate crimes with a discrimination component. In the same sense the Committee on the Elimination of Racial Discrimination in the Consideration of Reports submitted by States parties under article 9 of the Conventionemtido on March the 11th of 2011.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
External Url http://www.coe.int/t/dghl/monitoring/ecri/country-by-country/spain/ESP-CBC-IV-2011-004-ESP.pdf
See other countriesSee indicator history -
Has there been a thorough evaluation/assessment of the effectiveness of the national implementation of EU Anti-discrimination Directives?
There has been no evaluation mechanisms at national level have been made ​​public. However, if there have been some assessments by international institutions.
Qualitative Info
The two evaluation reports produced are: Fourth Report ECRI about Spain, Comittee's Report on the Elimination of Racial Discrimination.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
External Url http://www.coe.int/t/dghl/monitoring/ecri/country-by-country/spain/ESP-CBC-IV-2011-004-ESP.pdf
See other countriesSee indicator history
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Is racial discrimination defined in national law?
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Policing - Law Enforcement - Justice
According to the fourth report ECRI about Spain (Point number 40) "police bodies receive formation about human rights and other subjects related to racism and discrimination, but the participation in this kind of courses is voluntary.According to some sources, human rights have only a marginal presence in police training.
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Is there evidence or indication that the police force engages in ethnic profiling?
Yes, some indications.
Qualitative Info
Several NGOs highly relevant, have complained in recent times harsh and discriminatory treatment in detention centers for foreigners.
Two foreigners have died in recent months in these centers, victims of diseases not treated in time.
Such centers are not regulated its internal operations and are constantly reported to all kinds of anti discrimination agencies both Spanish and international.Moreover, some NGOs have spent months denouncing the indiscriminate police raids carried out especially in metro stations or places frequented by foreigners. It seems that the only reason of the selection is that the person "has body features of foreign person"
These raids may end up with dozens of detainees, Caules, in many cases, become centers for foreigners and are eventually expelled from the country. Even there are cases of foreigners who the police have asked for documentation or detained several times in the same week, especially in large cities.
http://elpais.com/elpais/2011/03/17/actualidad/1300353440_850215.html
Groups affected/interested
- Migrants
Type (R/D)
- Xenophobia
Key socio-economic / Institutional Areas
- Anti-discrimination
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Is there evidence of significant disparities between the number of racist incidents and crimes reported and the numbers of racist incidents and crimes recorded by police authorities?
No data.
Qualitative Info
The Fourth Report about Spain ECRI claims that since 2005 there have only been ten cases in which a racist motivation has been found as an aggravating circumstance. Related to the aplication of the article 510, only four cases have derived in successful judicial action since 2005.International Amnisty has also reported it (Recomendation number 10 of the Fourth Report about Spain ECRI). The Ministry of Internal Affairs foresees much lower figures than thoses estimated by the NGO Movement agaisnt Intolerance for 2008. On the other side, the Attorney of Barcelona, Service for Hate and Discrimination Crimes talks in its Memoire about this: "It is truly believed that many of the committed crimes are not reported, with an submerged but existing number of actions that the victims are not brave enough to report or actually ignore they can do it". Also the report "Board about Discrimination for Racial or Ethnical Origin (2010): the perception of potencial victims", elaborated by the Counseil for the Promotion of Equality of Treatment and Non Discrimination of People for Racial or Ethnical Reasons, shows that only 4.3% of those people who have suffered some kind of discriminatory behavior on them have reported it. And only 21% of those who did would do it again.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Anti-discrimination
- Anti-racism
- Is there evidence that areas containing significant numbers migrants and minorities are policed in different ways than others?
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Do migrants/minorities face disproportionate problems in accessing justice?
No.
Qualitative Info
The Attorney of Barcelona, Service for Hate and Discrimination Crimes talks in its Memoire about this: "It is truly believed that many of the committed crimes are not reported, with an submerged but existing number of actions that the victims are not brave enough to report or actually ignore they can do it". Also the report "Board about Discrimination for Racial or Ethnical Origin (2010): the perception of potencial victims", elaborated by the Counseil for the Promotion of Equality of Treatment and Non Discrimination of People for Racial or Ethnical Reasons, shows that only 4.3% of those people who have suffered some kind of discriminatory behavior on them have reported it. And only 21% of those who did would do it again.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Anti-discrimination
- Anti-racism
- Is there evidence of differential sentencing?
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Is there evidence or indication that the police force engages in ethnic profiling?
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Employment
Unemployment in Spain: 32% inmigrants. 19% nationals. Total Spain 21%.
In April 2010, the Spanish Government launched an Action Plan for the Development of the Roma Community . This Plan is aimed at the inclusion of an ethnic minority that suffers from discrimination and social prejudices all over Europe. The Plan consists of measures in the areas of employment, housing, health care and education and pays a special attention to Roma women.
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Differential unemployment levels/rates of migrants?
Yes
Qualitative Info
Unemployment in Spain: 32% inmigrants. 19% nationals. Total Spain 20%.
Inmigrant unemployment - insight and sectors.
Services sector (322.254) Construction (149.235).
Source: National Institute of Statistics
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious minorities
Key socio-economic / Institutional Areas
- Employment - labour market
External Url http://www.ine.es/
See other countriesSee indicator history -
Differential unemployment levels/rates of minorities?
No official data.
Qualitative Info
The NGO General Gypsy Secretariat describes in a report of 2010 that there is 16,1% of unemployment among the Romany population while the national percentage is 20%. It specifies that at least 50% is wage-earning and those who work on their own are in many cases not registered as independent workers even though they carry out selling jobs, scarp gathering, etc.If to this we add that the temporality among the Romany commmunity is very high, we can conclude that there are no trutable data about the unemployment figures of the Romany population in Spain.
Groups affected/interested
- Ethnic minorities
Key socio-economic / Institutional Areas
- Anti-discrimination
- Anti-racism
External Url http://www.gitanos.org/publicaciones/discriminacion10English/
See other countriesSee indicator history -
Differential pay rates?
Yes.
Qualitative Info
It is estimated that this difference of 35% decreases quickly as the inmigrant lives in Spain for some years, reaching after 10 years a difference of 20%. The National Institute of Statistics in its 2010 report "Survey about salary structure of 2008" it reflects that the average salary for a Spanish person and for a European citizen is of 6.000€ with respect ot a worker form another part of the world witch is over 8.000€
Both sexes Women Men
All the countries 21,883.42 18,910.62 24,203.33
Spain 22,485.64 19,383.63 24,843.85
European Union 16,823.99 14,644.80 18,357.48
Rest of Europe 14,330.03 13,298.04 15,382.91
Latin America 13,861.91 11,841.91 15,610.82
Rest of the world 14,208.61 11,089.34 15,081.74Groups affected/interested
- Migrants
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Employment - labour market
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Legal restrictions and/or effective practices of exclusion of migrants regarding membership of and participation in trade unions
No.
the Law on the Rights and Freedoms of Foreigners in Spain and their Social Integration is, in part, the result of a Constitutional Court decision of 2007 recognising immigrants’ right to associate, join trade unions and strike, regardless of their administrative situation. It also incorporates the EU Directives in this field.
Qualitative Info
UGT and CCOO estimated that between 3% and 4% of its members are of foreign origin. It also notes that many workers, particularly from Latin America, already have Spanish nationality and do not count as foreigners.
No data regarding the affiliation between the Roma population.
Groups affected/interested
- Migrants
- Roma & Travelers
Key socio-economic / Institutional Areas
- Political participation
External Url http://noticias.juridicas.com/base_datos/Admin/lo4-2000.html
See other countriesSee indicator history -
Legal obstacles to access employment in the public sector under equal conditions for migrants
Yes.
Qualitative Info
Foreigners can not become neither natinoal or regional civil servants. However there are other positions in the public sector (usually lower skilled) that are accessible for for those foreigners with a working and residence permit.
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Political participation
-
Legal restrictions and/or effective practices of exclusion of minorities regarding membership of and participation in trade unions
No.
Qualitative Info
Unions UGT and CC.OO estimates that between 3% and 4% of their afiliates are foreign. It is also important to point out that many of the workers specially latinamerican ones already have the Spanish nationality and do not count as foreigners.
There is no data about the level of afiliation of the gypsy group.Groups affected/interested
- Migrants
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Employment - labour market
- Political participation
- Integration - social cohesion
-
Are there examples of good practices and positive initiatives against discrimination/racism at the workplace?
Yes.
- Plan for the Development of the Roma Community 2010- 2012
Qualitative Info
In April 2010, the Spanish Government launched an Action Plan for the Development of the Roma Community . This Plan is aimed at the inclusion of an ethnic minority that suffers from discrimination and social prejudices all over Europe. The Plan consists of measures in the areas of employment, housing, health care and education and pays a special attention to Roma women.
Groups affected/interested
- Roma & Travelers
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Employment - labour market
- Anti-discrimination
- Anti-racism
External Url http://www.msps.es/politicaSocial/inclusionSocial/docs/planDefinitivoAccion.pdf
See other countriesSee indicator history
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Differential unemployment levels/rates of migrants?
-
Housing & Segregation
It cannot be said that there still are significative levels of segregation. A part of the foreign population of the country tends to live in the neighborhoods where the rent is lower such as the mentioned areas in Madrid and Barceona. For this same reasons, the towns near to the big cities also count with a big percentage of foreign population.
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Is there evidence of significant levels of segregation between migrant groups and the majority population?
No data.
Qualitative Info
It cannot be said that there still are significative levels of segregation. A part of the foreign population of the country tends to live in the neighborhoods where the rent is lower such as the mentioned areas in Madrid and Barceona. For this same reasons, the towns near to the big cities also count with a big percentage of foreign population.
Groups affected/interested
- Migrants
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Housing
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What is the ethnic origin of the highly segregated migrant group?
No data.
PECI (Strategic Plan for Citizenship and Integration 2011) warns of high risk / segregation trends in Spain in areas such as education and housing but does not provide specific data.
Qualitative Info
The survey "Panel on racial and ethnic discrimination (2010): The perception of potential victims" reveals that ethnic and racial discrimination seems to be particularly acute in the areas of housing. It is important to stress that all these attitudes in the housing and employment. In housing area, the most important practical obstacles for migrants to have full access to housing are: discriminatory housing advertisements; denials by a number of real estate agencies or private house owners to rent flats to migrants or members of ethnic minorities; and additional requirements for migrants to get access to social housing.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious minorities
- Linguistic minorities
- Majority
- Asylum seekers
- Lesbian, Gay, Bisexual and Transgender
- Persons with disability
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
External Url http://extranjeros.mtin.es/es/IntegracionRetorno/Plan_estrategico2011/pdf/PECI-2011-2014.pdf
See other countriesSee indicator history -
Is there evidence of significant levels of segregation between minority groups and the majority population?
No data.
Qualitative Info
Lavapies Neighborhood (Madrid) - 34% inmigrants. El Raval Neighborhood (Barcelona) 48% inmigrants.
'Significant' is a subjective' term which provides a certain degree of liberty to the national experts to choose which cases to report on the basis of indpendent authoritative reports/research. It cannot be said that there still are significative levels of segregation. A part of the foreign population of the country tends to live in the neighborhoods where the rent is lower sucha as the mentioned areas in Madrid and Barceona. For this same reasons, the towns near to the big cities also count with a big percentage of foreign population.
Groups affected/interested
- Migrants
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Housing
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What is the ethnic origin of the highly segregated minority group?
No data.
Qualitative Info
Although there is no official data. Many institutions, associations and NGOs in Spain suggest that Roma ethyne could be the most segregated minority group.
Housing, education, employment and social perception are some of the areas in which most affect these reports.
As example, we include the link of European Roma Rights Centre (ERCC) where can be found several reports on the segregation of the Roma community in Spain.
Type (R/D)
- Anti-roma/zinghanophobia
External Url http://www.errc.org/en-search-results.php?mcountry=194&mtheme=1&marea=1&mkeyword=Enter+keywords+...&ok=OK
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Is there evidence of majority driven segregation ("white flight" phenomenon)?
No
Qualitative Info
There is no evidence that this phenomenon exists in Spain. While that might be taking place or occurred in small and quite localized neighborhoods of some large cities, but these cases are not significant enough to occupy a space in this section.
See other countriesSee indicator history -
Is there evidence of denial of housing/housing rights for certain ethnic groups?
No data.
Qualitative Info
Even though there are no quantitative data related to this, in the Report about Housing of the NGO SOS Racism, some examples of discrimination against Romany citizens and inmigrants can be found.
http://www.sosracismo.org/index.php?option=com_docman&task=cat_view&gid=31&Itemid=10&lang=esGroups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Housing
External Url http://www.sosracismo.org/index.php?option=com_docman&task=cat_view&gid=31&Itemid=10&lang=es
See other countriesSee indicator history -
Is there evidence that migrant/minority groups face especially serious problems in accessing housing of an acceptable quality?
No data.
Qualitative Info
The new Law of 2009 of the Rights and Freedoms of
Foreigners in Spain and their Social Integration has opened a possibility for the responsible autonomous communities to introduce discriminatory limitations on
access to housing aid. The law states that “long-term” foreign residents, meaning those who have been legally resident for five years, are entitled to this aid under the same conditions as Spaniards. This is a step backwards from the previous law which granted access to all legal residents.ECRI recommends that access to housing aid is guaranteed for all legal residents who otherwise qualify for it.
(Recommendation No. 88 of the Fourth Report on Spain ECRI)External Url http://www.coe.int/t/dghl/monitoring/ecri/country-by-country/spain/ESP-CBC-IV-2011-004-ESP.pdf
See other countriesSee indicator history -
Migrant or minority group which faces especially serious problems in accessing housing of an acceptable quality?
No data.
Groups affected/interested
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Housing
- Is there evidence of particular difficulties faced by migrant/minority groups in purchasing or renting property of their choice?
- Affected group with particular difficulties in purchasing or renting property of own choice
-
Is there evidence of significant levels of segregation between migrant groups and the majority population?
-
Education
ECRI strongly recommends that the Spanish authorities review the way in which pupils are admitted to public and publicly-funded private schools and take other
necessary measures to ensure an even distribution of Spanish, immigrant and Roma pupils in the various school.-
Practical obstacles and evidence of problems and differential enrollment rates for certain minorities?
In some cases.
Education from 6 to 16 years is obligatory and free in all the Spanish territory for all persons in that age range regardless of origin or ethnicity.
Organic Law 2/2006, of 3 May, on Education (LOE)
Qualitative Info
Organic Law 2/2006, of 3 May, on Education (LOE) takes up almost word for word this recommendation: “There will be an adequate, balanced distribution between the different schools of students who need specific educational support”. According to the law, the education administrations will regulate student admission to public and publicly-funded private schools in order to guarantee the right to education, equal conditions of access and freedom of choice for parents. When there are not sufficient places, the admission procedure will be governed by priority criteria, one of which is proximity to the
home. In allocating pupils to schools in such cases, the law specifically states that there will be no discrimination for reasons of birth, race, gender, religion, opinions or any other personal or social condition or circumstance.Despite these positive developments, it is clear that the law is not always effective in practice and leaves scope for manipulation. ECRI has received consistent reports of “ghetto” schools of immigrant or Roma children in certain parts of the country, and discriminatory practices in the admissions procedure, enabling publicly-funded private schools to pick and choose pupils.
Item No. 63 of the Fourth Report on Spain (ECRI).
Groups affected/interested
- Roma & Travelers
Key socio-economic / Institutional Areas
- Education
External Url http://www.coe.int/t/dghl/monitoring/ecri/country-by-country/spain/ESP-CBC-IV-2011-004-ESP.pdf
See other countriesSee indicator history -
Practical obstacles and evidence of problems and differential enrollment rates for migrants?
Yes.
Qualitative Info
ECRI strongly recommends that the Spanish authorities review the way in which pupils are admitted to public and publicly-funded private schools and take other
necessary measures to ensure an even distribution of Spanish, immigrant and Roma pupils in the various school.Recommendation No. 65 of the Fourth Report on Spain (ECRI).
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Education
External Url http://www.coe.int/t/dghl/monitoring/ecri/country-by-country/spain/ESP-CBC-IV-2011-004-ESP.pdf
See other countriesSee indicator history -
Poorer educational performance by certain groups?
Yes.
Qualitative Info
The European Comission against Racism and Intolerance (ECRI) maintains that the integration of gypsy and inmigrant population is not sufficiently granted by the Spanish Constitutuion. It proves that some private schools but actually partialy funded with public money deny the admission or stabish obstacles to gyspsies or centain inmigrants groups. It also reports that among other things public primary and secondary schools in Spain count with up to 90% of gypsy or inmigrant pupils
Groups affected/interested
- Migrants
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Education
External Url http://www.coe.int/t/dghl/monitoring/ecri/country-by-country/spain/ESP-CBC-IV-2011-004-ESP.pdf
See other countriesSee indicator history -
Problems with educational attainement by certain groups (drop out - fragmentation of educational experience)?
Yes.
School failure (do not complete compulsory education). Spanish 31%. 45% immigrants. Gypsies 80%.
Source: Ministry of Education 2009Qualitative Info
Spain counts with one of the highest figures of school failure in the European Union. Simplifying a lot we could say that the highest percentage of failure is among inmigrants and due to social, economic, cultural and language reasons and due to the educational level of t their country of origin. With respect to gypsies the problem is socio-economic and mainly cultural. In many cases, formal education is not a priority for parents, specially in the case of girls. For them school failure is above 90%. ECRI is concerned about illiteracy among Romany children, which particularly
affects girls (Point No. 67 of Cuarto Informe sobre España ECRI). Around 85% of Romany pupils do not complete compulsory secondary education. This is part of a more general phenomenon of early school drop out which affects around 30% of all pupils. Many are attracted by working opportunities in unskilled sectors.Groups affected/interested
- Migrants
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Education
External Url http://www.coe.int/t/dghl/monitoring/ecri/country-by-country/spain/ESP-CBC-IV-2011-004-ESP.pd
See other countriesSee indicator history -
Are there positive initiatives to improve/support poor educational provision for migrant and minority groups?
Yes.
Qualitative Info
In Spain most of the education competencies have been transfered to the regional governments. it is for this reason that the measures taken to improve the quality of education for the most unfavoured populaiton groups is different from one region to another. Nevertheless, there is a law, the LOE (Organic Law for Education) on wich all regional educational policies must be based. This law considers a series of measures of attention to diversity such as (among many others) integration clases for foreign students who may have a lack of knowledge; coexistence plans in schools; suplementary classes for students who do not progress at a normal pace. THe same schools develop different types of initiatives of the same kind depending on their necessities. The Ministry of Education has agreed on 126 measures against early school leaving, in cooperation with the regional governments.
Groups affected/interested
- Ethnic minorities
Key socio-economic / Institutional Areas
- Education
External Url http://www.madrid.org/dat_capital/loe/pdf/loe_boe.pdf
See other countriesSee indicator history -
Victimisation in schools (bullying/harassment/racist violence) ?
No data.
Qualitative Info
This is not a big problem in Spain. However, it can be said that in the last five years more cases have been reported than during the previous five years. It is certain that there are bullying and harassment cases at school. Racist violence is not at all perceived as one of the main problems of the educational system. Some relation may exist in the case of gangs of young people (mainly Latin) and the schools. However, this bands usually act outside the schools even if their memers are students in them.
Groups affected/interested
- Migrants
- Ethnic minorities
Key socio-economic / Institutional Areas
- Education
-
Provision of option to learn mother language other than the majority's
Depends of language.
Qualitative Info
In Spain English is a compulsory subject such as the language of the region if it has one. Usually, in secondary school there is an optional subjects of Frechc Language and occasionaly of German. In some school they offer classes of languages such as arab, Bengali, Berber or Urdu, but these are very few and they are usually concentrated in Catalonia. Appart from compulsory education, there are Language Schools in all important cities. These are public and dependent of the regional government. They cost between 60€ and 70€ per year. They have a quite wide offer which includes nearly 30 languages in total, eventhough it is hard to find a school that offers more than 5 or 6 different languages. There is a grat demand for these schools and there is a long waiting list to get into them. There are also private schools that offer a great variety of languages. For inmigrants with a minority mother tongue the offer is practically inexistent and it could be only learned through private teaching.
Groups affected/interested
- Migrants
- Majority
Key socio-economic / Institutional Areas
- Education
-
Evidence of school segregation and/or policies of separate/distinct schooling of migrants
No policies.
Yes evidences.
Qualitative Info
In Spain there are no schools for minorities but in thoses areas in which a higher percentage of one kind of inmigrants are concentrated this is also reflected in schools. There are some concrete cases in which the percentage of inmigrants or gipsies goes up to 90%. This does not seem, however, to be due to segregation policies. Nevertheless, the ERCI recomends the Spanish Government to revise the policies of admission of minorities in public schools and state subsidized schools in order to avoid these imbalances (Recomendation number 65 of the Fourth Report about Spain ECRI).
Groups affected/interested
- Migrants
- Ethnic minorities
Key socio-economic / Institutional Areas
- Education
External Url http://www.coe.int/t/dghl/monitoring/ecri/country-by-country/spain/ESP-CBC-IV-2011-004-ESP.pdf
See other countriesSee indicator history -
Evidence of school segregation and/or policies of separate/distinct schooling of minorities
No policies.
Yes evidences.
Qualitative Info
Many gipsies live in big comunities it is for this reason than in many cases the nearest school counts with a percentage of gipsies of 90%. The Report ECRI 2010 recomends the revision of school asignment in public and state subsidized centers for the gypsy population (Recomendation number 65 of the Fourth Report about Spain ECRI).
Groups affected/interested
- Ethnic minorities
Key socio-economic / Institutional Areas
- Education
External Url http://www.coe.int/t/dghl/monitoring/ecri/country-by-country/spain/ESP-CBC-IV-2011-004-ESP.pdf
See other countriesSee indicator history
-
Practical obstacles and evidence of problems and differential enrollment rates for certain minorities?
-
Health And Social Protection
Death rate of foreigners in Spain is slightly lower to the percentage they represent. This is explained due to the fact that they are usually working age population with low mirtality rates. Also these people return to their countries when they age or have spent many years in Spain, for this reason, in many cases they already have the Spanish nationalyty so they are taken into acount as Spanish citizens.
-
Is there evidence of increased morbidity rates for minority and migrant groups?
No.
Qualitative Info
The death rate of foreigners in Spain is slightly lower to the percentage they represent. This is explained due to the fact that they are usually working age population with low mirtality rates. Also these people return to their countries when they age or have spent many years in Spain, for this reason, in many cases they already have the Spanish nationalyty so they are taken into acount as Spanish citizens.There is another type of inmigration which is that of communitary residents of medium-high class who come to live in Spain after their retirement (specially in the coast of Levante and Andalusia).
It is among this group that we can find the highest foreign mortality rate. 27,2% for Great Britain and 16% for Germany.Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
Key socio-economic / Institutional Areas
- Health and social protection
-
Is there evidence of increased mortality rates for minority and migrant groups?
No.
Qualitative Info
The data are similar in the last five years.
Groups affected/interested
- Migrants
- Ethnic minorities
Key socio-economic / Institutional Areas
- Health and social protection
External Url www.ine.es
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Is there evidence of forced heatlhcare/intervention practices to minorities?
No.
Groups affected/interested
- Migrants
- Ethnic minorities
Key socio-economic / Institutional Areas
- Health and social protection
-
Specific health issues such as diseases specific to particular groups
Yes.
Qualitative Info
Foreigners can arrice in Spain with ilnesses from their origin country. The Ministry of Health warns about an increase in infectious ilnesses such as HIV, the ilness of Chagas, tuberculosis or malaria. The carriers are inmigrants, tourists or Spanish citizens who come back from thir holidays in tropical countries.
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Health and social protection
External Url http://www.msc.es/profesionales/saludPublica/prevPromocion/promocion/migracion/migracion.htm
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Differential access to social protection system and benefits - Do some or more categories of migrants minorities or stateless/non-citizens face limitations and restrictions?
No.
Access to public health is universal and is guaranteed for anyone under the same conditions.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious minorities
- Linguistic minorities
- Majority
- Asylum seekers
- Lesbian, Gay, Bisexual and Transgender
- Persons with disability
Key socio-economic / Institutional Areas
- Health and social protection
External Url http://www.boe.es/boe/dias/1986/04/29/pdfs/A15207-15224.pdf
See other countriesSee indicator history -
Do migrants have a higher risk of poverty than the rest of the population?
Yes.
Qualitative Info
http://(http://ec.europa.eu/social/BlobServlet?docId=6722&langId=en)
http://ec.europa.eu/social/BlobServlet?docId=6722&langId=en)
http://epp.eurostat.ec.europa.eu/cache/ITY_OFFPUB/KS-RA-11-009/EN/KS-RA-11-009-EN.PDF
Groups affected/interested
- Migrants
-
Is there evidence that migrant or minority women are particularly vulnerable in accessing and receiving effective health care services?
No.
Groups affected/interested
- Migrants
- Refugees
Key socio-economic / Institutional Areas
- Health and social protection
-
Are there policies and/or good practices accomodating culture/ traditions' respect in health care
No data.
Qualitative Info
As most of the heath competencies are in the hands of regional governments, it is hard to verify measurements and good practices in this point. There are no relevant policies in this sense at a natinal level.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Health and social protection
-
Is there evidence of increased morbidity rates for minority and migrant groups?
-
Political & Civic Participation
Foreigners are not entitled to vote or to stand as candidates in national elections.
Only entitled to vote in regional and municipal elections EU citizens and the following countries (having resided legally in Spain for at least 5 years except the Norwegians to which requires 3 years) Norway, Ecuador, New Zealand, Colombia, Chile, Peru, Paraguay, Iceland, Bolivia and Cape Verde.
-
Outreach - encourage participation - Practical obstacles or problems for migrants in exercising their right to vote
Noat local level.
Yes at national and regional level.
Qualitative Info
Only entitled to vote in regional and municipal elections EU citizens and the following countries (having resided legally in Spain for at least 5 years except the Norwegians to which requires 3 years) Norway, Ecuador, New Zealand, Colombia, Chile, Peru, Paraguay, Iceland, Bolivia and Cape Verde.
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Political participation
External Url http://noticias.juridicas.com/base_datos/Admin/lo5-1985.html
See other countriesSee indicator history
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Outreach - encourage participation - Practical obstacles or problems for migrants in exercising their right to vote
-
Public Life, Culture, Sport & Media
In Spain different laws guaranteeing the rights of association, religious freedom and use of foreign languages​​, although there are constant complaints about the problems especially when it comes to exercise religious freedom.
There is a good integration of minorities in sports and there are no data about their degree of presence in the media.-
Is self-identification of individuals/groups a criterion for recognition and respect of minority or ethnic cultural linguistic religious groups' rights by the state/government?
No data.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Culture
- Religion
-
Association: are there restrictions of the freedom of peaceful assembly, and freedom of association for migrants
No.
Qualitative Info
Number of national wide migrant associations are 488 according to the National Register of associations 2008.
But we know that there are many more immigrants associations are registered in the records of regional and even local, but there is no report that accounts for all Spain.Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Integration - social cohesion
-
Association: are there restrictions of the of the freedom of peaceful assembly, and freedom of association for minorities
No.
Qualitative Info
Number of national wide migrant associations are 488 according to the National Register of associations 2008.
But we know that there are many more immigrants associations are registered in the records of regional and even local, but there is no report that accounts for all Spain.Groups affected/interested
- Ethnic minorities
Key socio-economic / Institutional Areas
- Integration - social cohesion
-
Religion: Persons belonging to minorities face legal and practical obstacles in exercising or manifesting their religion or belief?
No legal obstacles. Some cases of practical obstacles
Qualitative Info
In legal terms the Spanish Constitution grants the freedom of religious practice but, however, in some cities it has been forbidden to use the burka in public places. In other cities the muslim community has being socially rejected and even in some townhalls when they tried to build a mosque.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Religion
External Url http://www.tt.mtin.es/periodico/LEY_EXTRANJERiA%28BOE12-12-2009%29.pdf
See other countriesSee indicator history - Media: Are there positive measures for promoting or restrictions for Migrant and minority media?
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Media: Are there positive measures for promoting or restrictions for minority and lesser used language in the media?
Yes.
There are no exact estimates but between press, radio and television they are over 100. There are no mediatic groups in that broadcast in other languages except for a few in English.
Qualitative Info
Spain has an oficial language that gathers together all the Spanish citizens and three co-oficial languages wich correspond to three well diferenciated regions in Spain. These languages are Galician, Catalan and Basque. Spain also has different regional dialects.
Groups affected/interested
- Migrants
- Ethnic minorities
Key socio-economic / Institutional Areas
- Media
External Url http://www.osce.org/hcnm/32310
See other countriesSee indicator history -
Sport: Effective participation of migrants in sport
Yes.yesYes.
Law 19/2007 states in Article 16, which is devoted to measures to promote integration through sport, that measures will be taken “for obstacles and barriers hampering equality of treatment and the participation without any discrimination of migrants involved in non-professional sport activities to be removed
Qualitative Info
The Football and Athletics Federations restrict the access of both amateur and professional foreign players, whilst the Basketball Federation only restricts professional players. As the President of the Spanish Football Federation stated before the Special Commission to study the eradication of racism and xenophobia from the Spanish sport, “the Royal Federation is not contrary to migration and its statutes and regulations must be adapted to this position, but the existing restrictions in place are aimed to protect players who may be selected to play with the Spanish team”
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Sport
External Url http://www.csd.gob.es/csd/sociedad/5ViolDep/leycontraviolencia/
See other countriesSee indicator history - Sport: Effective participation of minorities in sport
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Is self-identification of individuals/groups a criterion for recognition and respect of minority or ethnic cultural linguistic religious groups' rights by the state/government?