A/HRC/23/56/Add.2
32.
Several interlocutors indicated that the Roma still face obstacles regarding their
effective participation in political and public life. They remain underrepresented in
decision-making processes and political parties. It was reported that public authorities do
not especially trust the Roma people as capable interlocutors in their decision-making.
B.
Migrants
33.
Non-citizens’ rights are regulated by Organic Law 4/2000 of 11 January 2000 on the
rights and freedoms of foreigners in Spain and their social integration, as amended by
Public General Act 2/2009 of 11 December 2009. The Government also adopted policies to
promote the integration of migrants, including the 2011–2014 Strategic Plan for Citizenship
and Integration. The Special Rapporteur also takes note of policies developed for migrants
at the regional level, including by the regional government of Catalonia. He welcomes the
existence of the Forum for the Social Integration of Immigrants, which offers a space for
cooperation and dialogue between civil society actors and the Government on integration
policies for migrants. However, he regrets the lack of adequate support provided to the
Forum. In this regard, the Special Rapporteur is also concerned by the budget cuts affecting
policies and programmes for the integration of migrants.
34.
The Special Rapporteur is concerned that migrants, including undocumented
migrants, continue to face racial discrimination in areas such as education, access to health,
public services, housing and employment. Physical attacks against migrants were also
reported.
35.
The inhumane and degrading working and living conditions of migrants in the area
of Poblenou in Barcelona, which the Special Rapporteur visited, give reason for concern.
In Almería, which the Special Rapporteur also visited, NGOs reported that the housing
conditions of migrants, especially African migrants, were not decent. Their de facto
segregation leads to the de facto segregation of migrant children in schools.
36.
The Special Rapporteur is deeply concerned that with the economic crisis the
situation of migrants has become worse, rolling back some of the gains in human rights of
migrants, who face a higher rate of unemployment. It was reported that African migrants
are the most affected, with an unemployment rate of approximately 50 per cent, followed
by Latin American migrants, with an unemployment rate of 29 per cent.
37.
The legislation adopted as part of the economic austerity measures, restricting their
access to health care, is also a regrettable development. On 20 April 2012, the Government
adopted Royal Decree-Law 16/2012 which came into effect on 1 September 2012. The
Decree-Law amended article 12 of Organic Law 4/2000, which guaranteed migrants’
access to health care under the same conditions as Spanish nationals, the only requirement
being registration with the municipality where they reside. The Decree-Law now denies
access to preventive and curative health care and services to undocumented migrants, with
exceptions for emergency care; prenatal, birth and post-natal care; and minors, who can
continue to receive medical attention under the same conditions as Spanish citizens. The
provision of health care is, however, left to the competence of the autonomous
communities. In this regard, some regions do not apply the Decree Law, including
Andalusia, Asturias, the Basque Country, the Canary Islands, Castile and León, Catalonia,
Galicia and Navarre. Similarly, several NGOs have opposed this amendment. A new
Ministerial Order is reportedly being elaborated that will condition the access to the public
health-care system for undocumented migrants to payment and registration with the
municipality for one year. The Special Rapporteur is concerned that such an order may lead
to the imposition of economic barriers that could result in the denial of health care to
undocumented migrants and place them in a more vulnerable situation.
9