E/CN.4/2004/76/Add.2 page 7 and the international human rights treaties and agreements ratified by Spain”. Spain has ratified all the principal international human rights instruments with the exception of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. 12. Title I of the Aliens Act establishes rights and freedoms in the same conditions as for Spanish citizens. The rights guaranteed to all foreigners include: the right to education for all children under the age of 18 at all levels and the right to compulsory basic education and preschool education; the right to medical care for minors and to emergency medical care for all foreigners; the right to basic social services and benefits; and the right to effective judicial protection and legal assistance. 13. Foreigners legally resident in Spain also enjoy: freedom of movement within Spanish territory; public participation in municipal elections, having regard to reciprocity with the country of origin; rights of assembly and association; rights to demonstrate and to join trade unions, subject to authorization to stay or reside in Spain; right to strike when they are authorized to work; right to non-compulsory education; right to perform remunerated work on their own account or for others, and access to the social security system; right of access to social security benefits and services and to actual benefits and services; right to transfer their earnings and savings; right to housing assistance; right to family privacy and family reunification; and right to free legal assistance in any court. 2. Entry and sojourn of foreigners in Spain 14. In order to enter Spain it is necessary: to comply with a number of requirements, except in the case of asylum-seekers, humanitarian reasons, reasons of public interest or compliance with commitments entered into by Spain; to do so through the facilities established for this purpose; to be in possession of a valid identification document and justification of the purpose and conditions of the stay in Spain; to prove possession of sufficient means or the ability to obtain such means legally; and, in some cases, to have a visa. It is also necessary not to be in any of the prohibitedentry categories. The law provides that in some cases the grounds for refusal of a visa need not be stated, and visas will be granted in accordance with national policy and the policy of the European Union. 15. A foreigner in Spain may be in one of the following situations; staying, temporarily residing or permanently residing in the country. The first situation covers persons intending to stay there for less than 90 days, renewable up to a maximum of six months. Temporary residence is residence for over 90 days and less than five years, and may be granted to persons possessing sufficient resources, proposing to engage in an economic activity or possessing administrative authorization to work, or enjoying the right of family reunification. A temporary residence permit may also be granted to foreigners who have already obtained one and been unable to renew it, to foreigners who can prove that they have stayed longer than five years, for humanitarian reasons, in exceptional circumstances or in a situation where the foreigner has settled in Spain. Permanent residence will be granted to a foreigner who has been continuously resident for more than five years, except in cases of special relationship. There is a special regime for students, stateless persons, refugees and minors. 16. In order to work in Spain it is necessary to obtain administrative authorization for this purpose, in addition to authorization of residence or sojourn, except in a number of cases specified by law. Such authorization will be applied for either by the employer or by the foreigner