Spain
Analysis
1. In June 2018, parliament unanimously agreed on a no-confidence vote against the then-dominant Popular Party, which was accused of engaging in a financial corruption scheme.
2. Concurrently, the Spanish government has dealt with the continuing effects of an October 1, 2017 independence referendum election in the autonomous Spanish community of Catalonia.
3. The Constitutional Court of Spain declared the referendum illegal and suspended Catalonian bills that supported it. Ensuing government actions aimed at suppressing the referendum preparations included police searches, raids and arrests of Catalonian government officials, and intervention into Catalonian finances. Protests from Catalonian referendum supporters resulted, and reports surfaced of security forces employing excessive force against civilian protesters.
4. As of June, 2019, Spain is still receiving an influx of migrants, particularly from North Africa. Spain revived an agreement with Morocco that allows for expedited return of Moroccan citizens who have crossed into Spain. In 2017, the European Court of Human Rights had ruled that the rights of African migrants were violated by this summary return procedure.
5. Migrants in Spain face challenges in applying for asylum, and are frequently held in Spanish immigration detention facilities, where living conditions may be substandard.
6. Spain suffers from a high incidence of violence against women, with the Spanish judicial system sometimes lacking the resources to fully combat the problem.
7. Women in Spain also face gender discrimination in the workplace and unequal wages compared to their male counterparts.
8. Spain has seen a rise in incidents of religious intolerance and xenophobia in recent years.
Excessive Use of Police Force
9. Despite being declared illegal by Spain’s constitutional court, Catalonia held an independence referendum on October 1, 2017.
10. Two police forces sent by the Spanish government, together with Mossos d’Esquadra, the Catalonian police force, were deployed into the region to stop the purportedly illegal referendum.
11. Largely nonviolent citizen protesters were injured by rough police treatment that included striking citizens with batons, throwing them to the ground, and charging groups of protesters with riot shields.
12. Spain is a party to the International Covenant on Civil and Political Rights, which imposes a duty on the government to respect the right to peaceful assembly, freedom of expression, and prohibit excessive use of force by law enforcement.
13. As of 2019, none of the officers responsible for perpetrating excessive violence against civilians had been prosecuted under Spanish law.
14. Spain’s failure to address the excessive use of force by its police constitutes a violation of article 21 of the ICCPR, which protects the right to peaceful assembly, as well as article 7, which prohibits cruel, inhuman, and degrading treatment, including excessive use of force by law enforcement.
Treatment of Migrants
15. Spain is still receiving large influxes of migrants, with over 49,300 people arriving by sea as of mid-November 2018. About 6,000 more have crossed land borders into the Ceuta and Melilla regions from Morocco.
16. Migrants who cross the Spanish border irregularly are frequently put into a police detention center for up to 72 hours for processing and identification. Adult migrants are then frequently transferred to immigration detention centers for up to 60 days, pending deportation.
17. Reports of poor conditions in immigration detention facilities abound, citing problems such as mistreatment of migrants by Spanish immigration officials, failure to provide adequate access to personal hygiene items and working restrooms, as well as inadequate access to medical care.
18. Child migrants face particular challenges, including lack of interpreters or advocates who speak their language in court proceedings, lack of legal assistance, lack of psychological treatment, limited access to education, and instances of abuse in detention facilities.
19. Spain continues to pursue a policy of summarily returning irregular migrants to their countries of origin at the Spanish border, despite a 2017 ruling from the European Court of Human Rights that Spain had violated the rights of two African migrants by returning them to Morocco in 2013.
20. Migrants who are summarily returned may not be adequately identified or offered medical assistance, and may face more difficulty applying for asylum in Spain than those who are afforded a lengthier immigration proceeding.
21. Spain is a party to the European Convention on Human Rights, which affords individuals a right to apply for asylum, as well as the International Covenant on Civil and Political Rights, which imposes a duty on the government to treat foreign nationals humanely.
22. Spain’s inhumane treatment of migrants likely constitutes a violation of article 7 of the ICCPR, which prohibits cruel, inhuman, and degrading treatment. Spain’s summary return of migrants may article 14 of the Universal Declaration of Human Rights, which provides a right of individuals to seek asylum.
23. A general election was held on April 28, 2019, with Pedro Sánchez of the Spanish Socialist Workers' Party (PSOE) emerging as Prime Minister. The PSOE has promised to adopt new immigration policies that are more sensitive to the human rights of migrants.
Violence Against Women
24. Domestic violence is a matter of concern in Spain, with 47 women being killed in instances of domestic violence in 2018.
25. Challenges within the Spanish judicial system, including limited resources, heavy caseloads at courts, and a lack of coordination among the various agencies that deal with domestic violence make it difficult to fully address these concerns.
26. Reports also indicate that the Spanish judicial system suffers from a lack of sensitivity and training regarding gender-based violence.
27. Spain’s inaction regarding domestic violence issues is a violation of its obligations under article 2 of the ICCPR, which provides for non-discrimination and the right to an effective legal remedy, article 7, which provides for freedom from cruel and inhuman treatment, and article 23, which provides for equality of partners in marriage. Spain’s ineffective provision of legal resources to domestic violence victims could also constitute a violation of article 2 of the ICESCR, which guarantees non-discrimination and the right to an effective legal remedy.
Gender Discrimination
28. According to European Union data, women in Spain earned 12.7% lower wages than those of their male counterparts, across variables such as age, education, years of service, occupation, type of contract, length of working day, activity and company size.
29. Spain’s inaction regarding issues of gender inequality is a violation of its obligations under article 2 of the ICCPR, which provides for non-discrimination and the right to an effective legal remedy. Unequal wages for female workers also constitute violations of article 2 of the ICESCR, which guarantees non-discrimination and the right to an effective legal remedy, as well as article 7, which formalizes the right to just and favorable working conditions.
Religious Intolerance and Hate Crimes
30. Spain’s interior ministry reported a 120% increase in incidents of religious intolerance in 2017 compared to previous years.
31. Most of these incidents occurred in Catalonia, where the majority of Spain’s Muslim population reside.
32. Anti-Muslim messages were spread by some right-wing political groups in the months leading to the April 28 elections, and expression of xenophobic sentiments on social media platforms has increased.
33. Spain’s inaction regarding religious intolerance constitutes a violation of article 2 of the ICCPR, which provides for religious non-discrimination, as well as article 18, which formalizes the freedom of religion, and article 27, which affords religious minorities the right to freely practice their faith. Religious intolerance in Spain could also represent a violation of article 2 of the ICESCR, which provides for non-discrimination based on religion.
Recommendations
34. Spain should adopt legislation that formally defines the appropriate level of force to be used by security forces during civilian protests, as well as increase training of police to ensure appropriate responses to civilian protests.
35. Spain should take steps towards ratification of the The International Convention on the Protection of the Rights of All Migrant Workers and Their Families.
36. Spain should adopt measures to ensure that the rights of migrants, including those who enter Spain irregularly, are respected. Policies should focus on the provision of adequate food, hygiene facilities, and medical care. Spain should review policies that allow for the summary return of migrants.
37. Spain should continue its commendable efforts towards achieving gender equality, including assessing the effectiveness of the Strategic Plan on Equality of Opportunity 2014-2016 and continuing implementation of the measures contained in the plan, if appropriate.
38. Spain should assign sufficient resources to the prosecution of domestic violence, as well as increase training of law enforcement and court officials to ensure appropriate responses to instances of domestic violence.
39. Spain should strengthen legislation aimed at curbing hate speech, xenophobia, and racial discrimination.
Respectfully submitted,
/s/ Dave Inder Comar and Kaitlyn Box
of Just Atonement Inc.
Link on the United Nations System
Universal Periodic Review Third Cycle - Spain - Reference Documents on the United Nations System