A/HRC/43/47/Add.1
potentially inconsistent with a number of international treaty obligations for which this
characteristic is fundamental.
18.
Other important legislative developments include the adoption of Law No. 27/2007
of 23 October 2007, in which sign languages and speech aid systems were recognized, and
Royal Legislative Decree No. 1/2013 of 29 November 2013, by which the general law on
the rights of persons with disabilities and their social inclusion was adopted.4
C.
Institutional framework
19.
Law No. 62/2003, as amended by Law No. 15/2014 of 16 September of 2014 on the
rationalization of the public sector and other measures of administrative reform, provided
for the establishment of the Council for the Elimination of Racial or Ethnic Discrimination.
The Council became operational on 28 October 2009.5 It is administratively attached to the
Ministry of Presidency, Relations with the Cortes and Equality through the Institute for
Women and Equal Opportunities, and is a collegiate body that includes representatives of
national, regional and local administrations, social partners and a number of civil society
organizations. Operating independently, it provides assistance to victims of discrimination,
conducts research and publishes reports, offers mediation and files complaints with the
Ombudsperson, public authorities, inspection services and consumer organizations. The
Council helped in the establishment of a network to provide assistance for victims of racial
or ethnic discrimination; support services are provided by eight specialized organizations
with offices in different regions. 6 However, there are concerns about the Council’s ability to
launch investigations in discrimination cases and to initiate and participate in court
proceedings.7
20.
There are specialized hate-crime units in provincial prosecutorial offices in the
country, and an inter-institutional memorandum of understanding among national public
administration institutions, including civil society organizations as observers. Furthermore,
the Observatory on Racism and Xenophobia has developed and implemented training
programmes for government officials, including law enforcement, and specific programmes
on non-discrimination in areas such as health, education and the Internet.
21.
The Office of the Ombudsperson was established through Organic Law No. 3/1981
of 6 April 1981, with the mandate to monitor the respect and promotion of human rights
within the General State Administration (national State administrative services) and the
regional and local administrations, and to launch investigations both ex officio and on the
basis of received complaints. The ombudspersons of the autonomous communities also
contribute to the human rights agenda at the regional and local levels.
22.
Finally, with regard to the Roma associative movement, the State council of the
Roma people was established in 2005 through Royal Decree No. 891/2005 of 22 July
2005,8 as an interministerial advisory body attached to the Ministry of Health, Consumer
Affairs and Social Welfare, with the participation of a significant number of Roma
organizations and associations. Its main goals are to develop and strengthen collaboration
with the State administration, particularly in the area of social welfare policies, and to
increase awareness of the human rights of Roma in Spain and strengthen the capacity for
the protection and promotion of those rights. Similar advisory bodies were established at
the regional level, for example in Catalonia, Basque Country and Extremadura.
4
5
6
7
8
European Commission, Country Report: Non-Discrimination – Spain 2019 (Luxembourg, European
Union), p. 6. Available at www.equalitylaw.eu/downloads/4963-spain-country-report-nondiscrimination-2019-pdf-1-32-mb.
Ibid., p. 9.
See https://asistenciavictimasdiscriminacion.org/wp-content/uploads/2013/10/TRIPTICO-FolletoServicio-de-atencio%CC%81n-INGLES-web1.pdf.
European Commission against Racism and Intolerance, “ECRI report on Spain (fifth monitoring
cycle” (27 February 2018), p. 15.
See www.mscbs.gob.es/ssi/familiasInfancia/PoblacionGitana/docs/tripticos/TripticoCastellano.pdf.
5