Spain
In Spain there is not specific legislation against racism and hate crimes. 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 but the perception of potential victims”
-
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"
-
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
See other countriesSee indicator history -
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
-
Is racial discrimination defined in national law?
-
Anti-racist Crime Legislation & Implementation
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.
-
Is there legislation against racist and hate crime?
No
Qualitative Info
In Spain there is no specific legislation against racism and hate crimes. Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law has not been expressly implemented in the Spanish legal system. Nonetheless, the acts contemplated by the Decision are regulated in the Organic Law 10/1995 (Criminal Code). In the Sixth Final Provision of the reformed in June 2010 Spanish Criminal Code, reformed in June 2010, which refers to the “Incorporation of European Union law”, all the EU rules are listed which are incorporated into Spanish law by means of this legal reform. The list does not contain Decision 2008/913/JHA.
As far as the national legislation in the field of racist and other hate crimes is concerned, the acts contemplated by the Decision are currently regulated in the Criminal Code. The Criminal Code generally qualifies as circumstances aggravating criminal liability “the perpetration of an offence out of racist, antisemitic or other kinds of discriminatory motives related to the victim’s ideology, religion or beliefs, the ethnic group, race or nation to which the victim belongs, gender, sexual orientation or identity, illness or handicap of the victims". The Article 510 of the Criminal Code specifically penalizes incitement to "discrimination, hate or violence against groups or associations out of racist, antisemitic or other kinds of discriminatory motives related to the victim’s ideology, religion or beliefs, family situation, the ethnic group, race or nation to which the victims belongs, gender, sexual orientation or identity, illness or handicap of the victims". The same article penalizes those who, aware of its falsehood or in wanton contempt for the truth, disseminate injurious information about these groups for the mentioned reasons. The implementation problems with respect to art. 510 arise because the article talks about "provoke", which is the need to prove the cause / effect, and not "incite".
Punishable are further illicit associations, being those which promote discrimination, hate or violence against individuals, groups or associations out of racist, antisemitic or other kinds of discriminatory motives related to the victim’s ideology, religion or beliefs, family situation, the ethnic group, race or nation to which the victims belongs, gender, sexual orientation or identity, illness or handicap of the victims, or which incite to these acts (art. 515.5 Criminal Code).
Moreover, article 525 of the Criminal Code penalizes those who, with the intent to offend the feelings of the members of a religious confession, publicly mock their dogma’s, beliefs, rites or ceremonies, be it orally, in writing or by means of any kind of document, or publicly harass those who profess or practise them. The same penalties apply to those who act in this way against those who do not profess any religion or creed.
Article 607, included in Chapter II on offences related to genocide, penalizes those who, with the intent of fully or partially destroying a national, ethnic, racial or religious group, disseminate by any means ideas or doctrines justifying crimes of genocide or seek the rehabilitation of regimes or institutions which support practices leading to crimes of genocide. It should be pointed out that the Constitutional Court in Judgement 235/2007 of 7 November 2007 declared unconstitutional the provision contained in article 607.2 of the Criminal Code, which penalizes as an offence the denial of genocide, considering that this conduct, if not expressed by way of insult, is protected by the freedom of speech. The Court indicated that the declarations should contain elements that incite hatred against a specific racial group or at least represent a clear contempt.
On 17 September 2010 Spain published the ratification of the Convention on Cybercrime and its Additional Protocol concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems, done in Budapest on 23 November 2001. The Convention entered into force in Spain on 1 October 2010. The text of the ratification does not contain any reservations to the Convention. It does however contain a declaration regarding the application of the Protocol to Gibraltar as a dependent territory of the United Kingdom.Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
- Anti-racism
- Is there a legal definition of racist-hate crime?
- Is there a legal definition of hate speech?
- Are there legal definitions of racist incident and racist violence?
-
Is there a legislation penalising, or prohibiting the establishment of, organisations which promote, incite, propagate or organize racial discrimination against an individual or group of individuals? Is membership of such organisations treated as an offence under the law?
Yes
Qualitative Info
Punishable are further illicit associations, being those which promote discrimination, hate or violence against individuals, groups or associations out of racist, antisemitic or other kinds of discriminatory motives related to the victim’s ideology, religion or beliefs, family situation, the ethnic group, race or nation to which the victims belongs, gender, sexual orientation or identity, illness or handicap of the victims, or which incite to these acts (art. 515.5 Criminal Code).
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious minorities
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
- Anti-racism
External Url http://noticias.juridicas.com/base_datos/Penal/lo10-1995.html
See other countriesSee indicator history - Is there an independent assessment of the impact of anti-racist legislation and its application in practice?
-
Is there an estimate or evidence that hate crime cases/incidents are under-reported disproportionately in relation to other crimes?
There is no evidence, but there are estimates that are significantly fewer cases reported than actually occur.
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 this (Recomendation N. 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
Key socio-economic / Institutional Areas
- Policing - law enforcement
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 -
Is policing reported to be adequate in terms of combating racist violence/hate crime effectively?
No.
Qualitative Info
"ECRI recommends that not only initial but also in-service training for police,
private security personnel, prosecutors, forensic doctors, lawyers and judges
includes compulsory courses on human rights, equal treatment, non
discrimination and the Criminal Code provisions in force to combat racism and
racial discrimination.". (Recomendation number 4 of the Fourth Report about Spain ECRI)Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
Key socio-economic / Institutional Areas
- Anti-discrimination
- Anti-racism
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 -
Is the judiciary reported to be adequately and effectively combating racist violence/hate crime?
No
Qualitative Info
"ECRI recommends that not only initial but also in-service training for police, private security personnel, prosecutors, forensic doctors, lawyers and judges includes compulsory courses on human rights, equal treatment, non discrimination and the Criminal Code provisions in force to combat racism and racial discrimination.". (Recomendación No. 43 del Cuarto Informe sobre España ECRI).
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious 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 -
In the context of hate crime, is racist motivation treated as an aggravating circumstance?
Yes, although there are few court cases that apply this aggravating.
Qualitative Info
According to the article number 22 of the Penal Code (Law 10/1995), the following are aggravating circumstances "the commission of the offense for racist, anti-Semit reasons or another type of discrimination related to ideology, religion, beliefs, ethnic group, race or country, sexual orientation or identity, ilness or handicap". In October 2009 takes place the first sentence to include ideological discrimination as an aggravating circumstance in a murder case. The Court Decision 419/2009 (Provincial Court of Madrid) senstence a a man who was going to attend an extreme right-wing demonstration under the leitmotif “Against Anti-Spanish Racism” mortally stabbed with a flick knife he was carrying one of a group of youngsters. These youngsters were wearing classically anti-fascist clothes. It was because of asking about and touching with a finger the sweatshirt that he victim has stabbed. Two of the youngsters were also hurt when trying to disarm the perpetrator. The judge sentenced the murderer to spend 26 years in prison and to pay nearly 160,000 € to the victim’s parents.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Type (R/D)
- Extremism - organised Racist Violence
- Anti-migrant/xenophobia
- Anti-semitism
- Islamophobia
- Afrophobia
- Arabophobia
- Anti-roma/zinghanophobia
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
- Anti-racism
- Integration - social cohesion
External Url http://noticias.juridicas.com/base_datos/Penal/lo10-1995.html
See other countriesSee indicator history -
If there is a legal provision on racist motivation as an aggravating factor, how often is it applied? What kind of sanctions/penalties are issued?
Yes.
Qualitative Info
The aticle number 66 of the Penal Code establishes that "when only one or two aggravating circumstances take place, the sentence will be applied on the upper half of what is fixed by the Law for that offense". SInce year 2005, this aggravating has only been applied in ten cases (Recomendation number 10 of the Fourth report about Spain ECRI). Concerninng the types of sanctions it will depend on the penal circumstances they are charged on.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
- Anti-racism
External Url http://www.lexureditorial.com/leyes/cp04z4.htm
See other countriesSee indicator history -
Does national legislation provide specific sanctions against public servants reported as perpetrators of racist violence/hate crime?
Yes.
Qualitative Info
The Article 23.2a of the OL 4/2000 of January the11th about the Rights and Freedoms of Foreigners in Spain and their Social Integration, in its writting (made by the Organic Laws 8/2000 of December the 22nd, 11/2003 of September the 29th, 14/2003 of November the 20th and 2/2009 of December the 11th), it establishes as a discrimination act "those carried out by the authorities or civil servants or employees in charge of a public service, that in the exercise of their tasks, actively or passively, commit any discriminatory act forbiden by law against a foreigner only for the fact of being one or for the fact of belonging to a certain race, ethnic group or nationaliy". The rule stablishes administrative sanctions , in the case of crimes the Penal Code would be followed.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
Key socio-economic / Institutional Areas
- Anti-discrimination
- Anti-racism
External Url http://noticias.juridicas.com/base_datos/Admin/lo4-2000.html
See other countriesSee indicator history -
Have public servants been reported as being perpetrators of racist violence/hate crime?
Complaints are few, even fewer sentences. However there are no statistics.
See other countriesSee indicator history
-
Is there legislation against racist and hate crime?
-
Political Parties-organisations - Racist & Xenophobic Discourse
Even though in the Fourth Report of the ERCI about Spain only mentions one openly xenophobic political party (Plataforma per Cataluña), there are other regional or national parties such as emocracia Nacional, Falange Española de las Jons or Alternativa Española that with very or no representations in townhalls can be considered xenophobic
-
Are there political parties that express racist or xenophobic sentiments/discourse in the form of hate speech or promote an anti-migrant and/or anti-minority agenda?
Yes.
Plataforma per Cataluña - 67 municipal councillors
Democracia Nacional - 5 municipal councillorsNo representatives of racist or xenophobic parties in parliament.
Qualitative Info
Even though in the Fourth Report of the ERCI about Spain only mentions one openly xenophobic political party (Plataforma per Cataluña), there are other regional or national parties such as emocracia Nacional, Falange Española de las Jons or Alternativa Española that with very or no representations in townhalls can be considered xenophobic. For example Democracia Española 2000 had the following slogan in the regional elections of 2011 "Not even one more (foreigners), Spanish people first".
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Type (R/D)
- Extremism - organised Racist Violence
- Anti-migrant/xenophobia
Key socio-economic / Institutional Areas
- Political discourse -parties - orgs
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 -
Parties that express xenophobic discourse in the form of hate speech or promote an anti-migrant and/or anti-minority agenda
Yes.
Qualitative Info
PLATAFORMA PER CATALUYA.
• How long has it been in existence? April, 5 - 2002
• Does the party have elected representatives at national/local/regional level? 67 city councelors in townhalls.
• Please provide an assessment of its significance level - in terms of constituting a real, tangible threat to the interests of a particular group(s) [naming the group(s) in question]. Ultraright xenophobic party. Its slogan in 2011 was "Let's control inmigration". The number of votes in 2011 local elections was multiplied by six to respect of those of 2007.No mayor belonging to this party exists and it does not represent a real danger for inmigrants at this point in time, but it is forecasted that the party will improve its results in the next elections, especially if the econmic crisis persists.
• If there is evidence of engaging in violence or expressing hate speech, please provide a summary of key evidence (quantitative or qualitative) to substantiate your response, noting the principal motive for these policies/actions and select the relevant type of activity(from the relvant table). The leader of this party (Josep Anglada) is waiting to be processed for issuing xenophobic flyers. Most of the NGOs, media and relevant political parties in Spain define them as xenophobic. www.pxcatalunya.comESPAÑA 2000.
• How long has it been in existence? since 2002
• Does the party have elected representatives at national/local/regional level? 5 city councelors in townhalls.
• Please provide an assessment of its significance level - in terms of constituting a real, tangible threat to the interests of a particular group(s) [naming the group(s) in question]. They are only represented in three Spanish townhalls.
• If there is evidence of engaging in violence or expressing hate speech, please provide a summary of key evidence (quantitative or qualitative) to substantiate your response, noting the principal motive for these policies/actions and select the relevant type of activity.(from the relvant table). They organize different demonstrations with xenophobic slogans. Their president Jose Luis Roberto has been repeatedly acused of xenophobic offenses. Most of the NGOs, media and relevant political parties in Spain define them as xenophobic http://www.esp2000.org/Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious minorities
Type (R/D)
- Extremism - organised Racist Violence
- Anti-migrant/xenophobia
- Anti-semitism
- Islamophobia
- Afrophobia
- Arabophobia
- Anti-roma/zinghanophobia
- Religious intolerance
- Nationalism
-
Is hate speech/racist-xenophobic discourse a wider, more 'mainstream', phenomenon in the political sphere?
No.
Qualitative Info
Even though the the xneophobic speech is not usual in the Spanish political scene there are more and more exceptions such those protaginized during the 2011 electoral campaign by some memers of the oposition party in that moment (PP). We are refering to the afterwards elected mayor of Badalona Xavier García Albiol who has been atributed with a crime for distributing xenophobic flyers and for describing rumanian gyspsies as a "plague".
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Political discourse -parties - orgs
- Nation-wide organisations that express racist or xenophobic sentiments/discourse in the form either of hate speech or promote an anti-migrant and/or anti-minority agenda
-
Are there political parties that express racist or xenophobic sentiments/discourse in the form of hate speech or promote an anti-migrant and/or anti-minority agenda?
-
Anti-racist Policies & Organisations
In 2011 the Government aproved the Strategic Plan of Citizenship and Integration of 2011-2014 which substitutes the previous one 2007-2010. The Strategic Plans expects to reinforce integration tools and plocies as well as public and participation services in order to equally guarantee the access of all citizens to them.
-
Has the national government developed policies/programmes aimed at combating racism and related ideologies? Have these policies/programmes been implemented and in whatway?
Yes.
Qualitative Info
In October of 2009 the Council for the Equality of Treatment and Non Discrimination of People due to their Racial or Ethnical Origin was created. This organization regulates among other things legal advicing to victims, the mediation or assistance in matters such as accomodation/housing, education of health. http://www.igualdadynodiscriminacion.org/home.do
On the other hand in September of 2011 the Government aproved the Strategic Plan of Citizenship and Integration of 2011-2014 which substitutes the previous one 2007-2010. The Strategic Plans expects to reinforce integration tools and plocies as well as public and participation services in order to equally guarantee the access of all citizens to them. In December 2008 the Government of Spain adopted the first Human Rights Plan (“Plan de Derechos Humanos”). The Plan sets out 172 concrete measures to be taken relating to equality, non-discrimination, integration and human rights guarantees. It covers
both foreign and domestic action, including a series of objectives on equal treatment, integration and combating racism and xenofobia. Las of all, the Action Plan for the Development of the Gypsy Population 2010-2012 integrates the main aspects related to social integration of gypsy population. Some of these main aspects are equality of treatment and gender equality and the exercise of basic rights sucha as the acces to a home, to employment, to education and to health care. http://www.msc.es/politicaSocial/inclusionSocial/docs/planDefinitivoAccion.pdfGroups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious minorities
- Asylum seekers
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
- Anti-racism
- Integration - social cohesion
External Url http://www.msc.es/politicaSocial/inclusionSocial/docs/planDefinitivoAccion.pdf
See other countriesSee indicator history -
Has regional/local governance made a significant attempt at combating racism and related ideologies?
Yes.
Qualitative Info
All the 17 Autonomour Communities of the Spanish State own different degrees of competencies in social policies. Some Comunities carry out different policies directed to the integration of inmigrants such as the 3rd Integral Plan of Andalucía (2010-2013), the Plan for Citizenship and Inmigration 2009-2012 of the Generalitat of Cataluña or the 3rd Plan of Inmigration, Citizenship and Coexsistence of the Basque Country.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious minorities
- Asylum seekers
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
- Anti-racism
-
In your country are there any non governmental organisations whose principal objectives relate to opposing/undermining racism and racist activity?
Yes
Qualitative Info
Among the many that exist, these are three of the most relevant:
SOS Racismo, Fundacion Secretariado Gitano and Movimiento contra la Intolerancia.Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious minorities
- Asylum seekers
Key socio-economic / Institutional Areas
- Education
- Anti-discrimination
- Anti-racism
- Integration - social cohesion
-
Non governmental organisations whose principal objectives relate to opposing/undermining racism and racist activity
Qualitative Info
- SOS Racismo.
Size-membership. 11 federations in Spain.
Does the organisation provide advice and support for victims of racist violence or hate crime? Yes
Have the organisation and its members been subjected to violence of abuse as a result of their defence of human rights? No
The main proyect of the Federation is the publication of the Annual Report about Racism in Spain. It also includes the nation-wide campaigns. It is worth it to point out: the Office of Information and Reports and the Pedagogical Area http://sosracismo.es/- Fundacion Secretariado Gitano.
Size-membership. 600 people under contract.
Does the organisation provide advice and support for victims of racist violence or hate crime? Yes
Have the organisation and its members been subjected to violence of abuse as a result of their defence of human rights? No data
The Fondation Gypsy Secretariat (FSGG) is a non-profit social entity developed by the gypsy community all over Spain and at a European Level. It started functioning in the 60's although it was really constituted as a Foundation in 2001. The mission of the FSGG is the promotion of the complete integration of the gypsy community while respecting it cultural identity.
The main objectives are to support the access of gypsies to rights, services and social resources in equality of conditions with respect of the rest of the citizens. In this sense it develops many activities in order to improve life quality of gypsies and to promote recognition, support and development of gypsies and their cultural identity.
- Movimiento contra la Intolerancia.
Size-membership. no data. It has 5,000 volunteers. The number of partners has not been provided
Does the organisation provide advice and support for victims of racist violence or hate crime? Yes
Have the organisation and its members been subjected to violence of abuse as a result of their defence of human rights? No
NGO aims to create in our democratic society a sense of the violent rejection of any sign. Its objectives are the Defense of Human Rights and Fundamental Freedoms, and the elimination of violence for conflict resolution, intolerance and totalitarian ideologies and the development of tolerance, solidarity and participative democracy.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious minorities
- Asylum seekers
Key socio-economic / Institutional Areas
- Anti-discrimination
- Anti-racism
- Integration - social cohesion
-
Are there examples of anti-racist anti-discrimination organisations' activity having a positive impact on anti-racist policies?
Yes.
Qualitative Info
- Fundacion Secretariado Gitano: member of the National Council of Social Action NGO's, of the Plataform of Social Action NGO's, member of of the National Council of the Gypsy Community and the Consultative Commission for the Plan of Gypsy Development and also member of different european organisms for the defense of minorities.
- Movement against intolerance: member of the Council for Equality of Treatmen, of Madrid's Observatory against Racism and Intolerance, as well as of the Observatory of Violence and Racism in Sports. It also promotes the initiatives of Civic Network against Anti-Semitism and the Plataform against Islam-Phobia. Last of all, t is also a member different european organisms for the defense of minorities.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
- Asylum seekers
Key socio-economic / Institutional Areas
- Anti-discrimination
- Anti-racism
-
Is there a direct participation of anti-racist, anti-discrimination and victim group organisations in consultation and development, promotion, implementation of anti-racist and anti-discrimination law and/or policies?
Yes.
Qualitative Info
The Forum for Social Integration of Inmigrants is a consultative, informative and advicing organism in terms of integration of inmigrnts. It is subscribed to the Minstry of Employment and Inmigration. Its composition will be valable from 2010 to 2013. This Forum represents the public administrations, the associations of inmigrants and refugees and the social support organizations. When the government stats the elaboration of laws related to social matters, it often opens a period for consultation with the implied social actors. In some cases this consultation period has not taken place or it has not been wide enought, as reported many times by social organizations.
Groups affected/interested
- Migrants
- Refugees
- Asylum seekers
Key socio-economic / Institutional Areas
- Anti-discrimination
- Anti-racism
- Integration - social cohesion
External Url http://www.papelesespana.com/documentacion/foro-para-la-integracion-social-de-los-inmigrantes.html
See other countriesSee indicator history -
Are there NGOs - other civil society organisations supporting victims of discrimination on the grounds of race, ethnic origin and religion in court?
Yes.
Qualitative Info
SOS RACISMO (Case Libreria Kalki por 510 CP, in this moment being appealed in front of the Constitutional Court;
Accusation against J.Anglada, Plataforma per Catalunya(PER) por 510 CP, still without a sentence).
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Anti-discrimination
- Anti-racism
-
Has the national government developed policies/programmes aimed at combating racism and related ideologies? Have these policies/programmes been implemented and in whatway?
-
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.
-
Does the training of the police force incorporate anti-racism or cultural sensitivity?
Yes.
Qualitative Info
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. The training is theoretical and designed to transmit knowledge
rather than shape attitudes and valúes". Nevertheless, there are police guides on these subjects.Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
- Asylum seekers
Key socio-economic / Institutional Areas
- Anti-discrimination
- Anti-racism
External Url http://www.mtin.es/es/alianza_civilizaciones/documenta_interes/guia_policia.pdf
See other countriesSee indicator history -
Are there police professional associations thatpromote and endorse anti-migrant/anti-minority agendas and discourse?
No
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious minorities
- Asylum seekers
Key socio-economic / Institutional Areas
- Daily life
- Is there a legal definition / sanctioning of ethnic profiling?
-
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
- Is there evidence that the immigration services engage in ethnic profiling?
-
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?
-
Is there evidence of police violence against migrants/minorities in custody?
No data.
Qualitative Info
he European Court of Human Righs has condemned Spain in several ocasions for not properly investigating the alegations of torture. Even though the Spanish gocernment only admints isolated cases International Amnesty reports that the governent has not made enought efforts in otder to gather and publish all the data about thuis subject. This is why "a situation of impunity has been exacerbated which promotes the apearence of new mistreatment cases year after year" in Spain.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
- Asylum seekers
Key socio-economic / Institutional Areas
- Policing - law enforcement
External Url http://humania.s3.amazonaws.com/inst_000001/files/humania_glob441_La_tortura_como_receta_junio11.pdf
See other countriesSee indicator history -
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?
-
Does the training of the police force incorporate anti-racism or cultural sensitivity?
-
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.
-
Do the trade unions engage in specific activities recruiting or supporting/defending the rights of minority groups?
Yes.
Qualitative Info
Main labor unions in Spain: CCOO and UGT
Groups affected/interested
- Migrants
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Employment - labour market
- Anti-discrimination
- Anti-racism
-
Do the trade unions engage in specific activities recruiting or supporting/defending the rights of migrants groups?
Yes.
Qualitative Info
Main labor unions in Spain: CCOO and UGT
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Employment - labour market
External Url http://www.ccoo.es/csccoo/menu.do
See other countriesSee indicator history
-
Do the trade unions engage in specific activities recruiting or supporting/defending the rights of minority groups?
-
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.
-
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
-
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
-
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
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 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.-
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
-
Evidence of school segregation and/or policies of separate/distinct schooling of migrants
-
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 forced heatlhcare/intervention practices to minorities?
No.
Groups affected/interested
- Migrants
- Ethnic minorities
Key socio-economic / Institutional Areas
- Health and social protection
-
Is there evidence of forced heatlhcare/intervention practices to minorities?
-
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.-
Media: Is there a visible presence (or absence) of members of target groups as media professionals?
Yes.
Qualitative Info
Thousands of professionals of communication are native from the regions with autochthonous language or dialect. some of them are foreign, usually Latin American people.
Groups affected/interested
- Migrants
- Ethnic minorities
Key socio-economic / Institutional Areas
- Media
- Internet
-
Media: Frequency and relevance of hate speech incidents in public life (and media) and media representations against migrants and minorities?
No data.
Qualitative Info
There are cases of hate speech but there are no data at national level. The NGOs "Movement Agaisnt Intolerance" and "SOS Racism" posses the estimates of some regions of Spain.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Media
- Daily life
External Url www. sos racismo.org
See other countriesSee indicator history -
Sport: Racism, racist violence and hate speech in sporting venues (and reporting and policing thereof)?
Yes.
Qualitative Info
Example: In October 2008 in the match of the Champions League played in Madrid between the Atlético de Madrid and the Olimpique de Marsella. After some confrontations in the tier and a baton charge, the French club reported that the Atletic fans were intoning racist songs. The Control and Discipline Commission of the UEFA penalized the Spanish club with the closing of its playing field for two matches and a 150,000 euros penalty, for "the disproportionate behaviour” of the police and "the racist and antidemocratic songs and symbols” in the tier.
Source: Preventing racism, xenophobia and related intolerance in sport 2009.
Groups affected/interested
- Migrants
- Roma & Travelers
- Ethnic minorities
Type (R/D)
- Extremism - organised Racist Violence
- Anti-migrant/xenophobia
- Islamophobia
- Afrophobia
- Arabophobia
- Anti-roma/zinghanophobia
- Nationalism
Key socio-economic / Institutional Areas
- Sport
External Url http://www.csd.gob.es/csd/sociedad/5ViolDep/leycontraviolencia/
See other countriesSee indicator history -
Sport: Is hate speech ground for sanctions to sport clubs and applied/applicable in practice?
Yes.
Law against violence, racism, xenophobia and intolerance in sport. (2007).Qualitative Info
Hate speech and racist slogans are ground for sanctions against sports clubs according to major footbal and major sports' associations' regulations (e.g.UEFA, FIBA)
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious minorities
- Linguistic minorities
- Asylum seekers
- Persons with disability
Type (R/D)
- Extremism - organised Racist Violence
- Anti-migrant/xenophobia
- Anti-semitism
- Islamophobia
- Afrophobia
- Arabophobia
- Anti-roma/zinghanophobia
- Religious intolerance
- Nationalism
- Homophobia
- On grounds of disability
Key socio-economic / Institutional Areas
- Sport
External Url http://www.csd.gob.es/csd/sociedad/5ViolDep/leycontraviolencia/
See other countriesSee indicator history
-
Media: Is there a visible presence (or absence) of members of target groups as media professionals?