A/HRC/43/47/Add.1
similar conclusions of numerous international organizations, such as Amnesty International,
Human Rights Watch and the International Commission of Jurists, in relation to the 2017
events, the subsequent prosecution of members of the government of Catalonia and
members of civil society, and the use of excessive force by the police to break up peaceful
activities.
69.
The Special Rapporteur observes that these matters arose from the expression of the
views of the Catalan minority – and others – in relation to their continued participation and
status in the polity of Spain. He also learned of allegations in Catalonia that hate speech
against Catalans as a minority had increasingly been appearing in social and other media as
a result of the recent events. Politicians and others outside the region had begun to paint
Catalans as a threat and traitors who had to be dealt with severely, at times using violent
language.
70.
In the view of the Special Rapporteur, alongside the previous stated observations of
his colleagues and other organizations, Spain has legal obligations to protect the human
rights of minorities, including the Catalan minority, especially in relation to: freedom of
expression, including political expression, in accordance with article 19 of the International
Covenant on Civil and Political Rights; freedom of peaceful assembly and of association, in
accordance with article 11 of the Convention for the Protection of Human Rights and
Fundamental Freedoms (European Convention on Human Rights) and articles 21 and 22 of
the Covenant; and participation in public life, in accordance with article 25 of the Covenant.
D.
Deaf community and the use of sign languages
71.
Members of the Spanish Sign Language and Catalan Sign Language minorities have
seen considerable progress in Spain since the adoption of legislation in 2007 (Law No.
27/2007) that provides for the legal basis and conditions for using sign language in State
institutions and services. Attitudes have also shifted: once simply considered as a tool to
compensate for a disability, sign language has begun to be acknowledged as a fully
functioning language. Current national legislation, however, continues to reflect a “sign
language as tool” rather than a “language as right” stance.
72.
A shift in the legislation would be welcome since, despite the 2007 law, there is still
reluctance in some schools to set aside resources for providing children who are deaf with
teaching in sign language, and implementation of the law itself still appears weak.
73.
The Special Rapporteur recommends legislative changes so as to ensure that Spanish
Sign Language and Catalan Sign Language are more clearly acknowledged as full-fledged
languages, and also recommends that Spanish authorities increase resources to increase the
availability of bilingual educational facilities for deaf children and public services in both
those languages. He also urges the Government to recognize both as official languages at
the national level.
VII. Conclusion and recommendations
74.
The Special Rapporteur on minority issues commends the Government of
Spain for the enormous strides it has made in its path towards a more inclusive and
tolerant society since the 1970s. He congratulates Spanish authorities for the strides
they have made to accommodate and reflect the linguistic, religious and ethnic
diversity of the country, and for their efforts to better recognize the invaluable
contributions made by all its component populations, including Roma. Nevertheless,
there remains room for improvement, particularly in addressing the serious obstacles
that migrants and people of African descent continue to face, as well as what appears
to be a rise in xenophobic nationalism targeting those and other minorities, including
historical communities such as the Catalans.
75.
The following recommendations are intended to assist Spain in its efforts to
better address minority issues and more fully comply with its obligations in relation to
the human rights of minorities.
76.
The Government should reconsider adopting a comprehensive law against
racism, racial discrimination, xenophobia and related intolerance, including hate
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