A/HRC/23/56/Add.2 institutions and records from the police on racist incidents is being developed in order to provide an understanding of the social perceptions of the population on discrimination and of the victims of discrimination. III. Legal framework for combating racism A. International human rights instruments 7. At the international level, Spain is a party to the core United Nations human rights treaties, including the International Convention on the Elimination of All Forms of Racial Discrimination. However, it has not ratified the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families. Other United Nations instruments ratified by Spain include the Convention on the Prevention and Punishment of the Crime of Genocide and the UNESCO (United Nations Educational, Scientific and Cultural Organization) Convention Against Discrimination in Education. Spain also ratified the Convention relating to the Status of Refugees, the Protocol relating to the Status of Refugees and the Convention relating to the Status of Stateless Persons, but not the Convention on the reduction of statelessness. 8. At the regional level, Spain is a party to the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocol No. 12. It has also ratified the European Charter for Regional or Minority Languages; the Framework Convention for the Protection of National Minorities; the 1961 European Social Charter; and the Convention on Cybercrime. Spain has yet to ratify the 1996 Revised European Social Charter; the 1995 Additional Protocol to the European Social Charter Providing for a System of Collective Complaints; and the Additional Protocol to the Convention on Cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems. B. Constitutional provisions 9. The Spanish Constitution was adopted on 27 December 1978. Article 1.1 provides that “Spain is established as a social and democratic State, subject to the rule of law, which advocates as the highest values of its legal order, liberty, justice, equality and political pluralism”. Under article 9.2, “it is incumbent upon the public authorities to promote conditions which ensure that the freedom and equality of individuals and of the groups to which they belong may be real and effective, to remove the obstacles which prevent or hinder their full enjoyment, and to facilitate the participation of all citizens in political, economic, cultural and social life”. 10. The Special Rapporteur regrets that the right to equality before the law for noncitizens is not expressly recognized by the Constitution. Indeed, while article 13.1 governs the rights of foreigners, establishing that they will enjoy the public liberties enshrined in title I of the Constitution according to the law and the treaties, under article 14 “Spanish citizens are equal before the law and may not in any way be discriminated against on account of birth, race, sex, religion, opinion or any other personal or social condition or circumstance”. 4

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