ECRI Report on Spain
The fourth ECRI Report requests that the Spanish authorities take further action in a number of area:
The Government should collect and publish data on acts of racism and racial discrimination and on the application of the legal provisions in force to combat these. Initial and in-service training for police, private security personnel, prosecutors, forensic doctors, lawyers and judges should include compulsory courses on human rights, equal treatment, non discrimination and the provisions in force to combat racism and racial discrimination.
In education, the authorities should review the admission procedures to ensure an even distribution of Spanish, immigrant and Roma pupils*, and take steps to reduce significantly the drop out rates of Roma pupils. The restriction on access to university education to legally resident foreigners should be removed. The curriculum for training journalists should include a study of the codes of conduct and issues related to racism and xenophobia. Regarding housing, the authorities are encouraged to pursue their objective of definitively eradicating slums, thus significantly improving the living conditions of vulnerable groups. Housing aid for all legal residents should be reintroduced.
The right to worship together with others, in accordance with Article 9 ECHR, should be respected in practice by granting Muslims’ requests to build sufficient mosques. Muslim pupils should also enjoy in practice their right to receive religious instruction based on Islam in public schools. The rise in neo-Nazi movements and violent youth gangs should be closely monitored and criminal proceedings initiated where appropriate. Football federations, clubs and fans’ associations should be encouraged to develop self-regulatory measures against racism and xenophobia and codes of conduct should
address the racist conduct of fans.
Non citizens should be granted the possibility to vote and be elected in local elections. The law should be amended to remove the restriction on the right to request and enjoy international protection to non-EU nationals and stateless persons. Efforts should be pursued to improve access for interned foreigners to lawyers and the assistance of NGOs and to assign more social workers to internment centres. Training should be provided to border guards and law enforcement officials on human rights and asylum matters, as well as special training in conducting an asylum interview. As for unaccompanied minors, the authorities should ensure that independent legal representation is afforded to them in all repatriation proceedings and that information about the right to seek asylum is provided. They should also update the age determination methods and improve mechanisms for data collection.
An effective prohibition of all racial profiling practices by the police should be ensured, taking account of ECRI’s General Policy Recommendation No. 11 on combating racism and racial discrimination in policing, which provides guidance on defining and prohibiting this practice. An independent mechanism for the examination of complaints against law enforcement officials should be set up.
