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Human Rights Council – Universal Periodic Review

For use of information media; not an official record

Date: Monday 5 May (morning)

Country under review: SPAIN

Concerned country - national report

  • Represented by a 27-member delegation and headed by the H.E. Mr. José de Francisco, Secretary of State for Constitutional and Parliamentarian Affairs, Ministry of the Presidency.
  • National report presented by the head of delegation.

Highlights

  • Set up of a Ministry of Equality and Strategic Plan on Equal Opportunities.
  • Law and National Plan to combat and prevent gender-based violence (including assistance for victims, prevention and awareness measures), with a special focus on migrants.
  • Comprehensive strategy to fight racism and xenophobia.
  • National mechanism to prevent torture.
  • Strategic plan for the integration and citizenship of migrants.
  • Action plan to support the integration of the Roma population.
  • Law on sexual and reproductive health to prevent sexually transmissible diseases and prevent unwanted pregnancy.
  • Law to allow marriage between persons of the same sex. 

Interactive discussion

Number of States taking part in the discussion

  • Member States: 25
  • Observer States: 31

Positive achievements

  • Promote a universal moratorium on death penalty for 2015.
  • Gender equality among main focuses of the European Union Presidency.
  • Measures to combat gender-based violence.
  • Commitment to prohibit torture in any situation.
  • Plan to combat human trafficking for purposes of sexual exploitation.
  • Observatory on racism and xenophobia.
  • National Human Rights Action Plan.

Issues and questions raised 

  • Domestic violence.
  • Sex trafficking, in particular among migrant populations.
  • Racism and xenophobia. Racially motivated crimes.
  • Discrimination and stereotypes against women.
  • Rights of Roma and other minorities, with special attention to their children.
  • Right of asylum.
  • Incommunicado detention.
  • Excessive use of force, assaults and ill-treatment by police forces.

Recommendations

  • Ensure legal protection and assistance to victims of domestic violence.
  • Pursue efforts to eradicate gender-based violence, with a special focus on migrant women. Raise awareness to fight against stereotypes, including at school.
  • Amend the criminal code to criminalize trafficking.Set up a prevention policy with international partners. Establish a national mechanism to identify victims.
  • Further combat intolerance, racism and xenophobia.
  • Revise anti-terrorism legislation allowing for incommunicado detention.
  • Intensify training of police forces and prison guards with regard to the personal integrity of detainees.
  • Strengthen the integration of Roma people and immigrants, and ensure children’s access to education.
  • Take steps to guarantee the rights of unaccompanied minors.
  • Revise the definition of torture in the legislation so as to comply with international standards.
  • Ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. 

Response of the concerned country

  • Migrants - Hard balance between reduction of public expenses, and the protection of economical and social rights of all residents. Locally based plans for their integration. Legal framework of rights and freedoms for foreign residents.
  • Enforced disappearances – Criminal offense. Investigated and duly prosecuted. Historical memory law.
  • Gender equality and violence against women – Legislative measures and constitutional reform to strengthen and guarantee women’s rights.
  • Victims of terrorism – Compensations, in particular in the form of social and psychological assistance.

Adoption of the report by the UPR working group scheduled on

Friday 7 May, 12:00 – 12:30

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