A/HRC/23/56/Add.2 C. Legislation prohibiting racism, racial discrimination, xenophobia and related intolerance 11. There is no comprehensive legislation prohibiting racism, racial discrimination, xenophobia and related intolerance in Spain. Spain’s legal framework for combating racism and racial discrimination includes several pieces of legislation in different areas. They include Law 62/2003 of 30 December 2003, on tax, administrative and social order measures; Act No. 27/2005 on the promotion of education and a culture of peace; Organization Act No. 2/2006 on education; General Law 7/2010 on audiovisual communication; General Act No. 33/2011 on public health; Royal Legislative Decree 1/1995 of 24 March 1995 on the statute of workers; Royal Legislative Decree 5/2000 of 4 August 2000 on social infractions and their sanctions; and Organic Law 4/2000 of 11 January 2000 on the rights and freedoms of foreigners in Spain and their social integration. 12. It was reported that the anti-discrimination legislation is not effective enough and that its implementation should be improved. In particular, it was specified that the various pieces of anti-discrimination legislation are not often invoked in court. The lack of awareness in the judiciary and law enforcement about such legislation was also reported. 13. The Special Rapporteur was informed that in 2011 a comprehensive draft bill on equal treatment and non-discrimination was proposed by the previous legislature in consultation with NGOs. However, the draft law was rejected by the Congress of Deputies in September 2012. Several interlocutors, including parliamentarians, supported the adoption of such a comprehensive law. However, the Government informed the Special Rapporteur that the adoption of a comprehensive law on racism is not a subject for debate in Parliament at the moment. D. Penal Code 14. The Penal Code was adopted in 1995 by Organization Act No. 10/95 of 23 November 1995. It contains several provisions criminalizing racism and racial discrimination. Article 510 refers to provocation to discrimination, hatred or violence against groups or associations including for racist and anti-Semitic reasons, or for reasons related to membership in a particular ethnic group or race, or national origin. Articles 511 and 512 deal with the offence of refusal to provide services, including on the basis of ethnic group or race, and national origin. Under article 515, associations are considered to be illegal if they promote or incite to discrimination, hatred or violence against individuals, groups or associations including on the grounds of their ideology, religion or beliefs, or some or all of their associates’ membership in a particular ethnic group, race or nationality, Articles 170, 173, 174, 197, 314, 522, 523, 524 and 525 are also relevant in identifying racist and xenophobic incidents. The Penal Code also criminalizes genocide (article 607) and crimes against humanity (article 607 bis). 15. The Special Rapporteur appreciates that under article 22.4 of the Penal Code, racial motivation is an aggravating circumstance. However, he is concerned that the conditions regarding the aggravating circumstances are reported to be very restrictive and to be applied in few cases only. Concerns regarding the lack of harmonization in the provisions of the Penal Code relating to non-discrimination were also reported, including the fact that some grounds of discrimination prohibited in some articles are not included in other articles also relating to racial discrimination. Furthermore, the wording of some provisions of the Penal Code hamper its implementation. In addition, it is difficult for the victims of discrimination to prove the racial motivation. 5