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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”.
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