A/HRC/43/47/Add.1
V. Positive steps and development
23.
The enormous strides made by Spain in the field of human rights since it
transitioned to democracy in 1977/78 are not always fully appreciated or sufficiently
acknowledged. The country’s more than 40 years of democracy has led to a modern and
dynamic State that is fully engaged in European and international institutions, with an
effective government, an independent judiciary and forms of autonomy that respond in part
to the reality of a State with a rich cultural diversity. Spain is not a federation, but a highly
decentralized unitary State. The 17 autonomous communities have greatly contributed to
the more effective political participation of the country’s largest minorities, such as the
Basque, Catalan and Galician minorities, and have provided means for recognizing and
implementing the rights of such minorities in areas such as language and culture. This has
been a defining development in the country’s path to a democracy that is more inclusive
and embraces its historical diversity and the reality of its rich tapestry of languages, cultures
and religions.
24.
Spain has made many legislative, institutional and policy strides in areas such as
human rights protection, the combating of gender violence, and the inclusion of Roma
communities, although many of the initiatives in these areas were hit hard during the severe
financial crisis of 2008–2014. The operational plans established to implement the National
Roma Integration Strategy in Spain 2012–2020, along with numerous other measures, have
undoubtedly contributed to a decrease in illiteracy, an increase in school attendance and
other positive and measurable outcomes. Spain recognized its two main sign languages in
2007 and has taken steps to ensure the use of sign language in a number of areas, although
its recognition and support tends to focus on Spanish Sign Language and not Catalan Sign
Language. There have been innovative initiatives to better assist and integrate the
increasing numbers of migrants and foreigners, such as Moroccans and Romanians, arriving
and staying in Spain, including some provision of information and assistance in their
languages.
25.
In 2006, the Government incorporated into its educational system a course entitled
“Education for citizenship and human rights”, in accordance with recommendation
Rec(2002)12 on education for democratic citizenship, issued by the Committee of Ministers
of the Council of Europe to member States.
26.
Spain must be commended for these and other measures. However, human rights
issues in relation to minorities at times feel like an “unfinished story”. These include
continuing challenges or lacunae in a number of cross-cutting matters, such as the language
of education, as well as issues specific to long-established minorities or to more recent
arrivals regarding the nature of their rights as minorities.
VI. Areas of concern and areas for further improvement in the
recognition, protection and implementation of the human
rights of minorities
27.
The Government has taken significant steps in recent years towards a fairly
comprehensive strategy and initiatives to tackle discrimination, hate speech and hate crimes
against minorities and other vulnerable groups. The Special Rapporteur urges, however, the
Government to undertake additional steps, improvements and changes in areas where
further efforts may be needed to ensure the country’s full compliance with its international
human rights obligations in relation to minorities. Furthermore, he notes that some
unfortunate developments need to be addressed. The elimination of human rights and
citizenship education as a distinct course in schools, and its replacement with a more
general class on civic and constitutional education as an interdisciplinary topic, in the
academic year 2014/15, was not particularly helpful in terms of promoting an inclusive,
tolerant society through education, and should be reconsidered.
6