Ginebra, Suiza. Con presencia en 47 países a través de oficinas nacionales, regionales y de miembros asociados, la organización internacional Defensa de Niñas y Niños - Internacional, DNI presenta su informe anual, donde relata con detalle su accionar a nivel global.
El informe (por ahora en Inglés) puede descargarse a través del siguiente enlace:
http://www.defenceforchildren.org/wp-content/uploads/2015/08/DCI_ANNUALREPORT_2014_FINAL.pdf
Para más información pueden comunicarse con DNI INTERNACIONAL ESPAÑA a info@dni.es.org
_______________________
martes, 18 de agosto de 2015
martes, 4 de agosto de 2015
9no Foro Europeo sobre los derechos del niño centrado en la cooperación y la coordinación en los sistemas de protección integral
DNI Internacional participó activamente en el 9no Foro Europeo sobre los derechos de los Niños realizado del 3 al 4 de junio en Bruselas, Bélgica, Dicho foro tuvo como eje de discusión la coordinación y cooperación en los sistemas de protección integral de los derechos humanos de los niños, niñas y adolescentes. El informe final del evento ha sido publicado en el sitio web oficial y puede acceder a través del siguiente enlace:
http://ec.europa.eu/justice/fundamental-rights/files/rights_child/9th_forum_report_en.pdf
España presenta su 6to y 7mo Informe al Comité para la Eliminación de la discriminación en contra de la mujer
8 de julio, 2015, el Comité para la Eliminación de la Discriminación en contra de la mujer recibe el 6to y 7mo Informe del Estado Español.
El comunicado de prensa y resumen del diálogo sostenido está en inglés y francés y fue facilitado por el Servicio de Información de Naciones Unidas con sede en Ginebra:
El comunicado de prensa y resumen del diálogo sostenido está en inglés y francés y fue facilitado por el Servicio de Información de Naciones Unidas con sede en Ginebra:
COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN CONSIDERS REPORTS OF SPAIN
The Committee on the Elimination of Discrimination against Women today considered the combined seventh and eighth periodic reports of Spain on its implementation of the provisions of the Convention on the Elimination of All Forms of Discrimination against Women.
Ana María Menéndez, Permanent Representative of Spain to the United Nations Office at Geneva, introducing the report, reiterated that ending gender-based violence and achieving equality between women and men were Spain’s key priorities, and said that the Strategic Plan for Equality in Opportunities 2014-2016 aimed to reduce inequality in the workplace, including through reducing pay gaps and reconciling professional and home life. Spain had increased by seven per cent its budget to fight violence against women in 2015, and had adopted a National Strategy for the Elimination of Violence against Women, in the framework of which a strategy to fight female genital mutilation was being elaborated. Efforts were being increased to combat trafficking for purposes of sexual exploitation, including through the creation of the National Focal Point against Trafficking in Persons, and the comprehensive Plan to Combat Trafficking in Women and Children for purposes of sexual exploitation 2015-2018 was pending in the Council of Ministers.
Committee Experts were disappointed that the report of Spain was silent on the impact of the economic crisis and its disproportionate impact on women in particular. As the economic crisis had the power to modify gender imbalances, depending on the policies adopted, it was crucially important to apply a gender perspective to the analysis of the measures taken in response to the crisis and its consequences. Disparities between de facto and de iure enjoyment of rights by women could partly be explained by the economic crisis, said Experts, and expressed hope that the action post-crisis would strive to eliminate discrimination against women and increase equality between women and men. While the Law 1/2004 on gender-based violence was a key emancipating instrument, Experts wondered why Spain did not have a comprehensive legal instrument which dealt with violence as a cross-cutting issue and expanded the focus from violence by intimate partners to all forms of violence.
In response, the delegation said that Spain was very aware of the disproportionate impact of the crisis on women, including in increasing the precariousness of jobs for women, and that was why equality between women and men was a key priority. The National Strategy for the Elimination of Violence against Women expanded the scope of the definition of gender-based violence from intimate-partner violence to include sexual assault, female genital mutilation, forced marriages and other forms of violence against women. In order to deal with gender-based violence, specialised offices had been created in the Office of the Public Prosecutor, the number of courts specialised in gender-based violence had increased, and a comprehensive system of risk evaluation for victims of violence against women and their children was in place. The National Strategy for Persons with Disabilities 2014-2020 had been adopted, aiming to, inter alia, close the gender gap between women and men with disability, including in the area of employment.
In concluding remarks, Ambassador Menéndez said that Spain appreciated the dialogue with the Committee which allowed it to make progress on very important issues.
The delegation of Spain included representatives of the Office of the Public Prosecutor, Ministry of Foreign Affairs and Cooperation, Ministry of Justice, Interior Ministry, Ministry of Employment and Social Security, Ministry of Health, Social Services and Equality, Ministry of Education, Culture and Sports, and the Permanent Mission of Spain to the United Nations Office at Geneva.
The Committee will reconvene in public on Wednesday, 8 July, at 10 a.m. to consider the combined fourth and fifth periodic reports of the Gambia (CEDAW/C/GMB/4).
Reports
The combined seventh and eighth periodic reports of Spain can be read here: CEDAW/C/ESP/7-8.
Presentation of the Reports of Spain
ANA MARIA MENENDEZ, Permanent Representative of Spain to the United Nations Office at Geneva, said that key priorities of Spain were to stop gender-based violence and the commitment to achieve equality between women and men, particularly in the wake of the economic crisis. Spain was fully committed to the consolidation of the conditions for equal opportunity between men and women; this was manifested in the 2015 State budget, which increased the resources allocated to the Institute for Women and Equal Opportunities by seven per cent compared to 2014. The Social Inclusion Plan 2013-2016 had a budget of more than €136 million and included actions directed at women who suffered multiple discriminations because they belonged to specific groups that were in a position of greater vulnerability, such as Roma or minorities. The Strategic Plan for Equality in Opportunities 2014-2016 aimed to reduce inequality in the workplace with a particular focus on reducing pay gaps, to reconcile professional and home life, and to eliminate violence against women. The Institute for Women and Equal Opportunities had been set up as an institution that promoted equal opportunities for women in all areas of society. In the area of work and social security, Spain had adopted in February 2015 Law 1/2004 on the protection of part-time workers which ensured the application of equality principles and non-discrimination on the basis of sex in the area of the provision of social security for part-time workers.
With regard to violence against women, Spain said that to date, 19 women had been killed by intimate partners or ex-partners this year; last year, 54 women had been murdered and 347 complaints had been lodged. The budget for action to fight violence against women had been increased by seven per cent in 2015, and for the first time, one million euro had been allocated for customized plans for victims of gender-based violence. The 2013-2016 Strategy for the Elimination of Violence against Women had introduced several innovations, including the recent adoption of a protocol for better management of shelters for women victims of gender violence and their children, the enlargement of the campaign for early detection of attitudes that revealed an attempt to control within the couple, inclusion of Tamazigh, an Arabic dialect used in the autonomous cities of Ceuta and Melilla in the 016 help line, and the adoption of a common health protocol for female genital mutilation and the elaboration of a strategy to fight female genital mutilation. The Organic Law 1/2015 had reformed the Criminal Code and introduced new types of violence against women in the Criminal Code, such as forced marriage. Spain had increased efforts to combat trafficking for purposes of sexual exploitation and last year it had created the National Focal Point against Trafficking in Persons and had increased by 33 per cent subsidies for women victims of such trafficking. The Law 4/2015 on status of victims of trafficking prevented secondary victimization during investigation and prosecution, and Spain was also in the process of reforming the system of childhood protection to ensure greater protection to children of victims of violence and victims of trafficking. The comprehensive Plan to Combat Trafficking in Women and Children for purposes of sexual exploitation 2015-2018 was pending in the Council of Ministers.
Articles 1 to 2: Defining Discrimination and Obligation of States Parties, and Articles 3 and 4: Appropriate Measures and Temporary Special Measures to Combat Discrimination
Questions from the Experts
Disparities between de facto and de iure enjoyment of rights by women could be partly explained by the economic crisis; it was hoped that the action post-crisis would strive to eliminate discrimination against women and increase equality between women and men. The Law 1/2014 on gender-based violence was a key emancipating instrument which consolidated progress so far, but why did Spain not have a comprehensive legal instrument in place which dealt with violence as a cross-cutting issue and expanded the focus from violence by intimate partners to all forms of violence? What were the reasons for the decrease in access to justice for women that had occurred during the period 2005-2013, particularly for women from autonomous communities and vulnerable women?
Another Expert expressed disappointment that the report was silent on the impact of the crisis on women and stressed the importance of applying a gender perspective to the analysis of the consequences of the economic crisis which had the power to modify gender imbalances, depending on the policies adopted. Five years into the crisis, there was a wealth of analysis on the impact of the crisis in academia, and yet, the report ignored all those. Crisis response measures saw significant cuts in social spending and a reduction in the public sector, which had a disproportionate impact on women, and yet, recovery measures were male-focused. Why did Spain not put pressure on the European Union to ensure that austerity measures were in line with their human rights obligations and obligations under the Convention? The crisis had seen a reduction in the resources available to combat violence against women and the Committee Expert asked Spain to explain its position regarding the case of Angela Gonzales, a victim of violence against women, whose young daughter had been tragically killed by her violent father.
In connection to Articles 3 and 4, the delegation was asked about evaluations and continuation of important strategies for equality of women and to explain the reasons for the reform of the Ministry for Women and Equality, which was an issue of concern because this removal of gender equality authority from Government structures indicated a weakening in gender equality mechanisms. In terms of regional and national coordination, Experts wondered what remained to be coordinated after the gender equality budget in some regions and autonomous communities had been cut by 60 or 70 per cent, and asked about temporary special measures in place to ensure gender equality.
Responses by the Delegation
Spain was very aware about the disproportionate impact of the crisis on women, including in increasing the precariousness of jobs for women, and that was why equality between women and men was a key priority for the Government. To that end, Spain had adopted the Strategic Plan for Equality in Opportunities, which aimed to reduce inequality in the workplace, reconcile home and work life, and eliminate violence against women. Spain was now in recovery and figures showed an increase in the number of women in social security and in employment. The Institute for Women and Equal Opportunities ensured mainstreaming of equality in all policies and worked on developing skills and ensuring equality and non-discrimination.
There was a permanent dialogue with autonomous communities, including in the area of gender and equality, through the State Gender Observatory, which produced an annual report.
The Organic Law 1/2004 had broadened the scope of gender-based violence and sought to provide protection of women across the board, and this was to be done through the National Strategy for the Elimination of Violence against Women, which expanded the scope of violence from violence within partnerships to include sexual assault, female genital mutilation, forced marriages and other forms of violence against women. The autonomous communities participated in the formulation of this law because they were also the ones in charge of its implementation.
The evaluation of the National Plan for Social Inclusion 2013-2016 was being carried out at the moment and it was hoped that the Government would have preliminary information available in September 2015. The Plan also contained measures to combat female poverty and child poverty, the budgets for which had seen an increase.
The Office of the Public Prosecutor had specialised offices to deal with gender-based violence, including in regions, and there were regular annual meetings between the Attorney General and prosecutors on the subject. There had been progress in specialization of the Office in this area, including in the increase in the number of specialists and the number of courts specialised in gender-based violence. Spain had in place a comprehensive system of risk evaluation for victims of violence against women and their children, who continued to enjoy protection regardless of the crisis.
The impact of the crisis on women and men was very unequal, and affected women disproportionately. However, since 2007, over 3.7 million jobs had been lost, and because the crisis affected real estate and construction sectors, most of the jobs lost had been held by men.
Articles 5 and 6: Modifying Social and Cultural Patterns and Suppressing Exploitation of Women
Questions from the Experts
A Committee Expert asked about measures undertaken to eliminate stereotypes and prejudices and to change ideas driving those stereotypes, to protect women belonging to minorities including in the media, and measures undertaken to combat gender-based discrimination in autonomous communities.
Another Expert expressed disappointment at the lack of reference to the Istanbul Convention in the report of Spain, which was an ardent supporter of this instrument, and also expressed concern about contradictory information on budget cuts which led to the reduction of services and closure of service centres in the regions and autonomous areas. What was the operational definition of gender-based violence in Spain, and did violence other than intimate partner violence receive attention, including non-partner violence, forced marriages, female genital mutilation and other forms of violence as stipulated in the Istanbul Convention?
Responses by the Delegation
Spain had brought two legal actions concerning media campaigns which were deemed sexist, while a number of initiatives were in place to address stereotypes in the workplace, targeting employers and building skills of women emerging leaders.
The Government was clearly committed to combat violence against women, and the Council of Minister was seized with this issue. There was a range of legislative instruments and programmes which set standards, provided free legal aid to all victims of gender-based violence, and elevated the victims of such crimes to higher legal status. Institutions to address violence against women were in place and Spain was also working on its reservations to the Istanbul Convention.
Concerning measures to fight against stereotypes, the delegation drew attention to the positive discrimination measures for Roma (Gypsies), noting that the action on behalf of these populations focused on sectors of employment, education, housing and health, as well as several cross-cutting sectors, particularly with regard to the inclusion of gender.
The Government had published a study on due diligence in trafficking in persons, providing detailed information about action taken on each of the cases. Internal coordination activities were being carried out to ensure that the Public Prosecutor Office had information about all cases of trafficking in persons lodged with various agencies in order to develop cases and victim protection. Coordination and cooperation was also ongoing with non-governmental organizations working on issues of trafficking in persons, sexual exploitation and contemporary forms of slavery. Trafficking in persons had been criminalized since 2010.
The Organic Law 1/2004 provided a definition of gender violence, and Spain was aware that this definition was more restrictive than the definition of violence against women contained in the Istanbul Convention. A gender dimension of violence was an aggravating circumstance in the Criminal Code.
Migrants received language and culture education in migrant reception centres, while interpretation services were provided in hospitals and other social service centres to migrant women who did not speak Spanish.
The Police had adopted this year a plan to combat trafficking in persons, to ensure that the victims of this crime were not invisible, and to ensure access to support of all those in prostitution who might be victims of trafficking in human beings for purposes of sexual exploitation; the police was also considering the use of social and Internet tools in creating alerts for trafficking. Dedicated research groups had been set up to look into trafficking in persons online and in social media. The scope of the Framework Protocol for the Prevention of Trafficking in Human Beings extended beyond Spanish territory and into autonomous territories.
Articles 7 to 9: Equality in Political and Public Life at the National and International Levels and Equality in Nationality Laws
Questions from the Experts
A Committee Expert noted with satisfaction the high representation of women in Parliament and asked how active women Members of Parliament were in their engagement with civil society and whether there was an established link between them as a group and non-governmental organizations working on women’s issues. It was commendable that at local levels the number of women mayors had increased from 15 per cent in 2007 to 17.7 per cent in 2013, but the political representation of women in regional and autonomous communities parliaments had decreased; could this be due to budgetary cuts for gender equality activities at regional levels?
Replies by the Delegation
Spain appreciated that there was a great deal of work to be carried out in the representation of women in the judiciary, particularly in the Constitutional Court where only 16 per cent of judges were women, but it was important to note that in 2013 a woman had been appointed as an Ombudsperson. Political representation of women in Spain was above the average of the European Union countries. Women constituted 23 per cent of the foreign service; 12 of the 199 ambassadors were women, as were 6 out of 15 special mission ambassadors.
Articles 10 to 14: Equality in Education, in Employment and Labour Rights, and in Access to Health Facilities, Finance and Social Security, and Rural Women
Questions from the Experts
Women made up only 26.3 per cent of students of engineering and architecture, and only 8 per cent in sports studies. What measures were in place to encourage women to enter non-traditional fields of studies and so break down stereotypes in education? Considerable progress had been made in the enrolment of Roma children in primary education, particularly for girls. Cuts in the education budget especially affected courses in gender equality and there were risks that such courses would disappear from curriculum of some public universities.
Another Expert took up the issue of equality in employment and labour rights, and noted that Spain had drafted protective policies to protect the right of women to work, which were systematically integrated into the legislation. However, women still shouldered the responsibilities of motherhood and childcare; unemployment rates of women had doubled since 2005; 70 per cent of part-time workers were women; and pensions for women were about 30 per cent lower than for men. Spain should ensure that restrictions and measures established by austerity policies were of a temporary nature.
The delegation was asked whether changes in the day care system were recent and temporary ones, about action to ensure equal participation in the labour market by vulnerable groups such as women with disabilities, minority and migrant women, intentions to ratify the International Labour Organization Convention 198 on decent work for domestic workers, and whether Spain intended to follow the European Union recommendations on the 40 per cent quota for women on the boards of public companies. What was the situation of rights of migrant women in irregular situation, in particular in access to health care for those who were victims of violence?
Responses by the Delegation
Universities were independent in setting up their curricula, and all had access to the subsidy line of 4 million euro for post-graduate studies, courses, debates and workshops in the area of gender issues. If the European Union adopted its draft directive of 40 per cent representation of women on company boards, Spain would follow.
One of the objectives for the Roma Strategy 2012-2020 was to increase availability of data on this population group. Spain was financing a sociological study which looked carefully into the areas of concern for the Strategy, including primary and secondary education, and how to make access more effective. It was found that compulsory secondary education was a greater issue for Roma children, particularly girls, who suffered greater drop-out rates after the age of 13.
The National Strategy for Persons with Disabilities 2014-2020 had been adopted, aiming to, inter alia, close the gender gap between women and men with disability, including in the area of employment. Quotas for the employment of persons with disabilities were in place, and Spain had in place a system of subsidies to companies providing open-ended contracts to persons with disabilities.
With regard to the situation of migrant women in irregular status, the delegation said that the law 16/2012 allowed for free access to health care for girls under the age of 18, pregnant migrant women and for emergency health care for migrant women and men in irregular situation.
The majority of part-time workers were women and it was important to respect freedom to choose working hours and to note that a significant proportion of those preferring part-time work were women.
Further Questions from the Experts
Experts took note of efforts to allow women access to decision-making in the agriculture sector and asked about examples where women benefitted specifically from subsidies or State support to agriculture. Could the delegation clarify how Spain supported Roma women by combatting child poverty?
Further Responses by the Delegation
There was no data available about loans to women, but they were rather limited; more favourable micro loans were being provided to women entrepreneurs. Under the Strategic Plan for Rural Development 2011-2014, more than 1.3 million euro in subsidies had been awarded to rural women, 434,000 euro had been granted to rural enterprises run by women, and there were grants disbursed for innovation in the rural areas. The current plan for Social Inclusion took into account the increase in the number of children in the country and had a number of cross-cutting measures to combat child poverty; 17 million euro had been allocated for this purpose, of which one million euro would go towards supporting most vulnerable populations, namely Roma. A foreign women victim of trafficking was entitled to assistance and support, including housing, material assistance, health and psychological care, interpretation and legal assistance.
Articles 15 and 16: Equality in Legal and Civil Matters and in Family Law
Questions from the Experts
A Committee Expert expressed dissatisfaction with the responses of Spain concerning the case of Angela Gonzales and said that 97 per cent of men who were prohibited from contacts with their partners had unsupervised visits with the children, which was an indication that domestic violence was not taken into account in the passing of judgements. Procedures on domestic violence were very lengthy and it was very difficult to reach judgements on domestic violence. Safety of children had been scarified to the altar of fathers’ parental rights. Visitation was suspended in only three per cent of requests for suspension of visitation rights, and this was very alarming as it put children in danger; between 2008 and 2014, 31 minor children had been murdered by their fathers, 20 of them during visitation, showing that the Gonzales case unfortunately was not an exception.
Responses by the Delegation
The delegation stressed that the issues raised by the Experts were of concern for the Office of the Public Prosecutor. Measures taken to combat gender violence and other forms of violence had improved the situation, although further progress needed to be made. Domestic violence concerning children was difficult to deal with, and led to immediate suspension of cohabitation. As for minors involved in violence in which their mother was a victim, the legislation had measures of criminal order, including precautionary measures and protective orders. Since January 2013, Spain had started publishing statistics on children victims of fatal gender-based violence, and on women killed by their partners.
Concluding Remarks
ANA MARÍA MENÉNDEZ, Permanent Representative of Spain to the United Nations Office at Geneva, said that Spain appreciated the dialogue with the Committee which allowed it to make progress on those very important issues.
YOKO HAYASHI, Committee Chairperson, thanked the delegation for the constructive dialogue and encouraged it to take all necessary measures to address the various recommendations made by the Committee.
The Committee on the Elimination of Discrimination against Women today considered the combined seventh and eighth periodic reports of Spain on its implementation of the provisions of the Convention on the Elimination of All Forms of Discrimination against Women.
Ana María Menéndez, Permanent Representative of Spain to the United Nations Office at Geneva, introducing the report, reiterated that ending gender-based violence and achieving equality between women and men were Spain’s key priorities, and said that the Strategic Plan for Equality in Opportunities 2014-2016 aimed to reduce inequality in the workplace, including through reducing pay gaps and reconciling professional and home life. Spain had increased by seven per cent its budget to fight violence against women in 2015, and had adopted a National Strategy for the Elimination of Violence against Women, in the framework of which a strategy to fight female genital mutilation was being elaborated. Efforts were being increased to combat trafficking for purposes of sexual exploitation, including through the creation of the National Focal Point against Trafficking in Persons, and the comprehensive Plan to Combat Trafficking in Women and Children for purposes of sexual exploitation 2015-2018 was pending in the Council of Ministers.
Committee Experts were disappointed that the report of Spain was silent on the impact of the economic crisis and its disproportionate impact on women in particular. As the economic crisis had the power to modify gender imbalances, depending on the policies adopted, it was crucially important to apply a gender perspective to the analysis of the measures taken in response to the crisis and its consequences. Disparities between de facto and de iure enjoyment of rights by women could partly be explained by the economic crisis, said Experts, and expressed hope that the action post-crisis would strive to eliminate discrimination against women and increase equality between women and men. While the Law 1/2004 on gender-based violence was a key emancipating instrument, Experts wondered why Spain did not have a comprehensive legal instrument which dealt with violence as a cross-cutting issue and expanded the focus from violence by intimate partners to all forms of violence.
In response, the delegation said that Spain was very aware of the disproportionate impact of the crisis on women, including in increasing the precariousness of jobs for women, and that was why equality between women and men was a key priority. The National Strategy for the Elimination of Violence against Women expanded the scope of the definition of gender-based violence from intimate-partner violence to include sexual assault, female genital mutilation, forced marriages and other forms of violence against women. In order to deal with gender-based violence, specialised offices had been created in the Office of the Public Prosecutor, the number of courts specialised in gender-based violence had increased, and a comprehensive system of risk evaluation for victims of violence against women and their children was in place. The National Strategy for Persons with Disabilities 2014-2020 had been adopted, aiming to, inter alia, close the gender gap between women and men with disability, including in the area of employment.
In concluding remarks, Ambassador Menéndez said that Spain appreciated the dialogue with the Committee which allowed it to make progress on very important issues.
The delegation of Spain included representatives of the Office of the Public Prosecutor, Ministry of Foreign Affairs and Cooperation, Ministry of Justice, Interior Ministry, Ministry of Employment and Social Security, Ministry of Health, Social Services and Equality, Ministry of Education, Culture and Sports, and the Permanent Mission of Spain to the United Nations Office at Geneva.
The Committee will reconvene in public on Wednesday, 8 July, at 10 a.m. to consider the combined fourth and fifth periodic reports of the Gambia (CEDAW/C/GMB/4).
Reports
The combined seventh and eighth periodic reports of Spain can be read here: CEDAW/C/ESP/7-8.
Presentation of the Reports of Spain
ANA MARIA MENENDEZ, Permanent Representative of Spain to the United Nations Office at Geneva, said that key priorities of Spain were to stop gender-based violence and the commitment to achieve equality between women and men, particularly in the wake of the economic crisis. Spain was fully committed to the consolidation of the conditions for equal opportunity between men and women; this was manifested in the 2015 State budget, which increased the resources allocated to the Institute for Women and Equal Opportunities by seven per cent compared to 2014. The Social Inclusion Plan 2013-2016 had a budget of more than €136 million and included actions directed at women who suffered multiple discriminations because they belonged to specific groups that were in a position of greater vulnerability, such as Roma or minorities. The Strategic Plan for Equality in Opportunities 2014-2016 aimed to reduce inequality in the workplace with a particular focus on reducing pay gaps, to reconcile professional and home life, and to eliminate violence against women. The Institute for Women and Equal Opportunities had been set up as an institution that promoted equal opportunities for women in all areas of society. In the area of work and social security, Spain had adopted in February 2015 Law 1/2004 on the protection of part-time workers which ensured the application of equality principles and non-discrimination on the basis of sex in the area of the provision of social security for part-time workers.
With regard to violence against women, Spain said that to date, 19 women had been killed by intimate partners or ex-partners this year; last year, 54 women had been murdered and 347 complaints had been lodged. The budget for action to fight violence against women had been increased by seven per cent in 2015, and for the first time, one million euro had been allocated for customized plans for victims of gender-based violence. The 2013-2016 Strategy for the Elimination of Violence against Women had introduced several innovations, including the recent adoption of a protocol for better management of shelters for women victims of gender violence and their children, the enlargement of the campaign for early detection of attitudes that revealed an attempt to control within the couple, inclusion of Tamazigh, an Arabic dialect used in the autonomous cities of Ceuta and Melilla in the 016 help line, and the adoption of a common health protocol for female genital mutilation and the elaboration of a strategy to fight female genital mutilation. The Organic Law 1/2015 had reformed the Criminal Code and introduced new types of violence against women in the Criminal Code, such as forced marriage. Spain had increased efforts to combat trafficking for purposes of sexual exploitation and last year it had created the National Focal Point against Trafficking in Persons and had increased by 33 per cent subsidies for women victims of such trafficking. The Law 4/2015 on status of victims of trafficking prevented secondary victimization during investigation and prosecution, and Spain was also in the process of reforming the system of childhood protection to ensure greater protection to children of victims of violence and victims of trafficking. The comprehensive Plan to Combat Trafficking in Women and Children for purposes of sexual exploitation 2015-2018 was pending in the Council of Ministers.
Articles 1 to 2: Defining Discrimination and Obligation of States Parties, and Articles 3 and 4: Appropriate Measures and Temporary Special Measures to Combat Discrimination
Questions from the Experts
Disparities between de facto and de iure enjoyment of rights by women could be partly explained by the economic crisis; it was hoped that the action post-crisis would strive to eliminate discrimination against women and increase equality between women and men. The Law 1/2014 on gender-based violence was a key emancipating instrument which consolidated progress so far, but why did Spain not have a comprehensive legal instrument in place which dealt with violence as a cross-cutting issue and expanded the focus from violence by intimate partners to all forms of violence? What were the reasons for the decrease in access to justice for women that had occurred during the period 2005-2013, particularly for women from autonomous communities and vulnerable women?
Another Expert expressed disappointment that the report was silent on the impact of the crisis on women and stressed the importance of applying a gender perspective to the analysis of the consequences of the economic crisis which had the power to modify gender imbalances, depending on the policies adopted. Five years into the crisis, there was a wealth of analysis on the impact of the crisis in academia, and yet, the report ignored all those. Crisis response measures saw significant cuts in social spending and a reduction in the public sector, which had a disproportionate impact on women, and yet, recovery measures were male-focused. Why did Spain not put pressure on the European Union to ensure that austerity measures were in line with their human rights obligations and obligations under the Convention? The crisis had seen a reduction in the resources available to combat violence against women and the Committee Expert asked Spain to explain its position regarding the case of Angela Gonzales, a victim of violence against women, whose young daughter had been tragically killed by her violent father.
In connection to Articles 3 and 4, the delegation was asked about evaluations and continuation of important strategies for equality of women and to explain the reasons for the reform of the Ministry for Women and Equality, which was an issue of concern because this removal of gender equality authority from Government structures indicated a weakening in gender equality mechanisms. In terms of regional and national coordination, Experts wondered what remained to be coordinated after the gender equality budget in some regions and autonomous communities had been cut by 60 or 70 per cent, and asked about temporary special measures in place to ensure gender equality.
Responses by the Delegation
Spain was very aware about the disproportionate impact of the crisis on women, including in increasing the precariousness of jobs for women, and that was why equality between women and men was a key priority for the Government. To that end, Spain had adopted the Strategic Plan for Equality in Opportunities, which aimed to reduce inequality in the workplace, reconcile home and work life, and eliminate violence against women. Spain was now in recovery and figures showed an increase in the number of women in social security and in employment. The Institute for Women and Equal Opportunities ensured mainstreaming of equality in all policies and worked on developing skills and ensuring equality and non-discrimination.
There was a permanent dialogue with autonomous communities, including in the area of gender and equality, through the State Gender Observatory, which produced an annual report.
The Organic Law 1/2004 had broadened the scope of gender-based violence and sought to provide protection of women across the board, and this was to be done through the National Strategy for the Elimination of Violence against Women, which expanded the scope of violence from violence within partnerships to include sexual assault, female genital mutilation, forced marriages and other forms of violence against women. The autonomous communities participated in the formulation of this law because they were also the ones in charge of its implementation.
The evaluation of the National Plan for Social Inclusion 2013-2016 was being carried out at the moment and it was hoped that the Government would have preliminary information available in September 2015. The Plan also contained measures to combat female poverty and child poverty, the budgets for which had seen an increase.
The Office of the Public Prosecutor had specialised offices to deal with gender-based violence, including in regions, and there were regular annual meetings between the Attorney General and prosecutors on the subject. There had been progress in specialization of the Office in this area, including in the increase in the number of specialists and the number of courts specialised in gender-based violence. Spain had in place a comprehensive system of risk evaluation for victims of violence against women and their children, who continued to enjoy protection regardless of the crisis.
The impact of the crisis on women and men was very unequal, and affected women disproportionately. However, since 2007, over 3.7 million jobs had been lost, and because the crisis affected real estate and construction sectors, most of the jobs lost had been held by men.
Articles 5 and 6: Modifying Social and Cultural Patterns and Suppressing Exploitation of Women
Questions from the Experts
A Committee Expert asked about measures undertaken to eliminate stereotypes and prejudices and to change ideas driving those stereotypes, to protect women belonging to minorities including in the media, and measures undertaken to combat gender-based discrimination in autonomous communities.
Another Expert expressed disappointment at the lack of reference to the Istanbul Convention in the report of Spain, which was an ardent supporter of this instrument, and also expressed concern about contradictory information on budget cuts which led to the reduction of services and closure of service centres in the regions and autonomous areas. What was the operational definition of gender-based violence in Spain, and did violence other than intimate partner violence receive attention, including non-partner violence, forced marriages, female genital mutilation and other forms of violence as stipulated in the Istanbul Convention?
Responses by the Delegation
Spain had brought two legal actions concerning media campaigns which were deemed sexist, while a number of initiatives were in place to address stereotypes in the workplace, targeting employers and building skills of women emerging leaders.
The Government was clearly committed to combat violence against women, and the Council of Minister was seized with this issue. There was a range of legislative instruments and programmes which set standards, provided free legal aid to all victims of gender-based violence, and elevated the victims of such crimes to higher legal status. Institutions to address violence against women were in place and Spain was also working on its reservations to the Istanbul Convention.
Concerning measures to fight against stereotypes, the delegation drew attention to the positive discrimination measures for Roma (Gypsies), noting that the action on behalf of these populations focused on sectors of employment, education, housing and health, as well as several cross-cutting sectors, particularly with regard to the inclusion of gender.
The Government had published a study on due diligence in trafficking in persons, providing detailed information about action taken on each of the cases. Internal coordination activities were being carried out to ensure that the Public Prosecutor Office had information about all cases of trafficking in persons lodged with various agencies in order to develop cases and victim protection. Coordination and cooperation was also ongoing with non-governmental organizations working on issues of trafficking in persons, sexual exploitation and contemporary forms of slavery. Trafficking in persons had been criminalized since 2010.
The Organic Law 1/2004 provided a definition of gender violence, and Spain was aware that this definition was more restrictive than the definition of violence against women contained in the Istanbul Convention. A gender dimension of violence was an aggravating circumstance in the Criminal Code.
Migrants received language and culture education in migrant reception centres, while interpretation services were provided in hospitals and other social service centres to migrant women who did not speak Spanish.
The Police had adopted this year a plan to combat trafficking in persons, to ensure that the victims of this crime were not invisible, and to ensure access to support of all those in prostitution who might be victims of trafficking in human beings for purposes of sexual exploitation; the police was also considering the use of social and Internet tools in creating alerts for trafficking. Dedicated research groups had been set up to look into trafficking in persons online and in social media. The scope of the Framework Protocol for the Prevention of Trafficking in Human Beings extended beyond Spanish territory and into autonomous territories.
Articles 7 to 9: Equality in Political and Public Life at the National and International Levels and Equality in Nationality Laws
Questions from the Experts
A Committee Expert noted with satisfaction the high representation of women in Parliament and asked how active women Members of Parliament were in their engagement with civil society and whether there was an established link between them as a group and non-governmental organizations working on women’s issues. It was commendable that at local levels the number of women mayors had increased from 15 per cent in 2007 to 17.7 per cent in 2013, but the political representation of women in regional and autonomous communities parliaments had decreased; could this be due to budgetary cuts for gender equality activities at regional levels?
Replies by the Delegation
Spain appreciated that there was a great deal of work to be carried out in the representation of women in the judiciary, particularly in the Constitutional Court where only 16 per cent of judges were women, but it was important to note that in 2013 a woman had been appointed as an Ombudsperson. Political representation of women in Spain was above the average of the European Union countries. Women constituted 23 per cent of the foreign service; 12 of the 199 ambassadors were women, as were 6 out of 15 special mission ambassadors.
Articles 10 to 14: Equality in Education, in Employment and Labour Rights, and in Access to Health Facilities, Finance and Social Security, and Rural Women
Questions from the Experts
Women made up only 26.3 per cent of students of engineering and architecture, and only 8 per cent in sports studies. What measures were in place to encourage women to enter non-traditional fields of studies and so break down stereotypes in education? Considerable progress had been made in the enrolment of Roma children in primary education, particularly for girls. Cuts in the education budget especially affected courses in gender equality and there were risks that such courses would disappear from curriculum of some public universities.
Another Expert took up the issue of equality in employment and labour rights, and noted that Spain had drafted protective policies to protect the right of women to work, which were systematically integrated into the legislation. However, women still shouldered the responsibilities of motherhood and childcare; unemployment rates of women had doubled since 2005; 70 per cent of part-time workers were women; and pensions for women were about 30 per cent lower than for men. Spain should ensure that restrictions and measures established by austerity policies were of a temporary nature.
The delegation was asked whether changes in the day care system were recent and temporary ones, about action to ensure equal participation in the labour market by vulnerable groups such as women with disabilities, minority and migrant women, intentions to ratify the International Labour Organization Convention 198 on decent work for domestic workers, and whether Spain intended to follow the European Union recommendations on the 40 per cent quota for women on the boards of public companies. What was the situation of rights of migrant women in irregular situation, in particular in access to health care for those who were victims of violence?
Responses by the Delegation
Universities were independent in setting up their curricula, and all had access to the subsidy line of 4 million euro for post-graduate studies, courses, debates and workshops in the area of gender issues. If the European Union adopted its draft directive of 40 per cent representation of women on company boards, Spain would follow.
One of the objectives for the Roma Strategy 2012-2020 was to increase availability of data on this population group. Spain was financing a sociological study which looked carefully into the areas of concern for the Strategy, including primary and secondary education, and how to make access more effective. It was found that compulsory secondary education was a greater issue for Roma children, particularly girls, who suffered greater drop-out rates after the age of 13.
The National Strategy for Persons with Disabilities 2014-2020 had been adopted, aiming to, inter alia, close the gender gap between women and men with disability, including in the area of employment. Quotas for the employment of persons with disabilities were in place, and Spain had in place a system of subsidies to companies providing open-ended contracts to persons with disabilities.
With regard to the situation of migrant women in irregular status, the delegation said that the law 16/2012 allowed for free access to health care for girls under the age of 18, pregnant migrant women and for emergency health care for migrant women and men in irregular situation.
The majority of part-time workers were women and it was important to respect freedom to choose working hours and to note that a significant proportion of those preferring part-time work were women.
Further Questions from the Experts
Experts took note of efforts to allow women access to decision-making in the agriculture sector and asked about examples where women benefitted specifically from subsidies or State support to agriculture. Could the delegation clarify how Spain supported Roma women by combatting child poverty?
Further Responses by the Delegation
There was no data available about loans to women, but they were rather limited; more favourable micro loans were being provided to women entrepreneurs. Under the Strategic Plan for Rural Development 2011-2014, more than 1.3 million euro in subsidies had been awarded to rural women, 434,000 euro had been granted to rural enterprises run by women, and there were grants disbursed for innovation in the rural areas. The current plan for Social Inclusion took into account the increase in the number of children in the country and had a number of cross-cutting measures to combat child poverty; 17 million euro had been allocated for this purpose, of which one million euro would go towards supporting most vulnerable populations, namely Roma. A foreign women victim of trafficking was entitled to assistance and support, including housing, material assistance, health and psychological care, interpretation and legal assistance.
Articles 15 and 16: Equality in Legal and Civil Matters and in Family Law
Questions from the Experts
A Committee Expert expressed dissatisfaction with the responses of Spain concerning the case of Angela Gonzales and said that 97 per cent of men who were prohibited from contacts with their partners had unsupervised visits with the children, which was an indication that domestic violence was not taken into account in the passing of judgements. Procedures on domestic violence were very lengthy and it was very difficult to reach judgements on domestic violence. Safety of children had been scarified to the altar of fathers’ parental rights. Visitation was suspended in only three per cent of requests for suspension of visitation rights, and this was very alarming as it put children in danger; between 2008 and 2014, 31 minor children had been murdered by their fathers, 20 of them during visitation, showing that the Gonzales case unfortunately was not an exception.
Responses by the Delegation
The delegation stressed that the issues raised by the Experts were of concern for the Office of the Public Prosecutor. Measures taken to combat gender violence and other forms of violence had improved the situation, although further progress needed to be made. Domestic violence concerning children was difficult to deal with, and led to immediate suspension of cohabitation. As for minors involved in violence in which their mother was a victim, the legislation had measures of criminal order, including precautionary measures and protective orders. Since January 2013, Spain had started publishing statistics on children victims of fatal gender-based violence, and on women killed by their partners.
Concluding Remarks
ANA MARÍA MENÉNDEZ, Permanent Representative of Spain to the United Nations Office at Geneva, said that Spain appreciated the dialogue with the Committee which allowed it to make progress on those very important issues.
YOKO HAYASHI, Committee Chairperson, thanked the delegation for the constructive dialogue and encouraged it to take all necessary measures to address the various recommendations made by the Committee.
Comité de Derechos humanos recibe el Informe del Estado Español
7 de julio, Comité de Derechos Humanos CT/15/20
6to Informe periódico del Estado Español ante el Comité de Derechos Humanos a la ONU en español puede encontrarse aquí: CCPR/C/ESP/6.
Nota de Prensa producida por el Servicio de Información de Naciones Unidas en Ginebra en inglés y francés:
The Human Rights Committee today completed its consideration of the sixth periodic report of Spain on its implementation of the provisions of the International Covenant on Civil and Political Rights.
Ana Maria Menendez, Permanent Representative of Spain to the United Nations Office at Geneva, presenting the report, said that Spain’s relationship with the Committee had been continuous over the years. The Spanish Penal Code rejected all kinds of hate crimes against various communities and minorities. The Prosecutor’s Office for Equality and against Discrimination was fully operational. Companies were required to move towards balanced participation between men and women. Trafficking in human beings had been listed as an autonomous crime in 2010. The revised text on being held incommunicado reinforced the guarantees for the detainees, and legal justification and urgency were necessary for holding anyone incommunicado. The Victims of Crimes Act, adopted in 2015, provided victims not only with reparations for injuries caused, but also with psycho-social help.
In the dialogue that followed, Committee Experts wanted to know more about efforts to combat trafficking in human beings and measures taken to prevent forced labour. Treatment of migrants and asylum seekers, including their expulsion and conditions in migrant holding centres, in the autonomous cities of Ceuta and Melilla, was thoroughly discussed. Experts also raised issues of abortion, provisions of contraception, gender pay gap, and domestic violence. Subjects of incommunicado detention and rules for extradition were also addressed at length. Other issues raised by the Experts included forced sterilization of mentally disabled persons, operations of private security companies, responsibilities and effectiveness of the Ombudsman, dealing with historic cases, access to the archives, DNA sampling and excavating mass graves from the period of the dictatorship.
Committee Chairperson Fabian Omar Salvioli, in his concluding remarks, said that the dialogue had been very enriching, and the delegation had been well prepared. A number of issues, regarding torture, enforced disappearances, incommunicado detention, and public and private security, had been discussed, and concluding recommendations were likely to include those and other matters. The Chairperson did not see why there would be a problem establishing State responsibility in enforced disappearances; the Amnesty Law should not be an obstacle to it. The Committee was the only body to interpret the Covenant, the Chairperson stressed.
Ms. Menendez, in closing remarks, said that the delegation had endeavoured to answer all of the questions, and subsequent clarifications and full answers would be provided in writing within 48 hours. Civil society was thanked for being present. It was a pity that the dialogue had not been webcast; such interactions should be made public whenever possible. It was an ongoing dialogue, and the State party would accept the simplified reporting procedure for the following cycle.
The delegation of Spain included representatives of the Ministry of Foreign Affairs and Cooperation, State Prosecutor’s Office, Ministry of Justice, Ministry of the Interior, Ministry of Education, Culture and Sport, Ministry of Employment and Social Security, Ministry of Health, Social Services and Equality, and the Permanent Mission of Spain to the United Nations Office at Geneva.
The Committee will next meet in public today at 3 p.m., when it will consider the sixth periodic report of Canada (CCPR/C/CAN/6).
Report
The sixth periodic report of Spain is available here: CCPR/C/ESP/6.
Presentation of the Report
ANA MARIA MENENDEZ, Permanent Representative of Spain to the United Nations Office at Geneva, presenting the report, said that Spain’s relationship with the Committee had been continuous over the years. Regarding the fight against racism and xenophobia, the Penal Code rejected all kinds of hate crimes against various communities and minorities. More than 20,000 civil servants, including members of the security forces, had been trained to identify and register racist incidents. The Prosecutor’s Office for Equality and against Discrimination was fully operational.
Companies were required to move towards balanced participation between men and women. On corporate boards, women should be represented by at least 30 per cent in 2020. Progress had also been made in the audio-visual taping of hearings in police stations. In 2014, a domestic regime had been approved for migrant hosting centres. The regime of guarantees and legal controls had been perfected, and the Ministry of the Interior had signed an agreement with the Spanish Red Cross on providing assistance in centres for holding foreigners.
Fighting violence against women was one of the priorities of the Government, and a national strategy for 2013-2016 was being implemented. Free legal counsel was provided to the victims of gender-based violence. Any foreign citizen, regardless of their status in Spain, could submit a complaint on cases of gender-based violence without hindering their status. Spain had provided specific statistics on the number of complaints received and sentences handed out between 2010 and 2014, as requested by the Committee. Trafficking in human beings had been listed as an autonomous crime in 2010. A comprehensive plan had been put in place in 2009, and would soon be replaced by an updated plan. Offices for international protection in the autonomous cities of Ceuta and Melilla had opened in September 2014, and constituted a significant step towards facilitating access to international protection.
Regarding persons deprived of freedom, an organic law was in procedure. The revised text on being held incommunicado reinforced the guarantees for the detainees. Legal justification and urgency were necessary for holding anyone incommunicado. Judges and security forces were already adjusting their behaviour to the exceptional context of holding anyone incommunicado. Only eight per cent of detainees being held for the crimes of terrorism were held incommunicado in 2015. They were provided with medical assistance on a daily basis. With regard to the protection of unaccompanied minors on Spanish territory, a framework protocol had been signed in 2014, which was based on the principle of the primary interests of the child. Foreign minors had the right to education, health and social services, the same way as Spanish minors.
Ms. Menendez said that there was a draft law in the Parliament to strengthen procedural guarantees to free trial. Those changes were in compliance with the latest recommendations by the Committee. The victims of crimes act, adopted in 2015, provided victims not only reparations for injuries caused, but also psycho-social help.
Questions by Experts
An Expert invited Spain to consider accepting the simplified reporting procedures.
He asked about a protocol on accepting individual communications. What was the position of Spain on the principle of good faith regarding observations and recommendations emanating from the Committee?
Turning to the issue of human trafficking, the Expert said that Spain had some of the best standards on protection and prevention in that regard. Nonetheless, Spain was still a transit and destination country. Could the delegation provide statistics regarding reparation to victims? More information was sought on domestic trafficking. There was a gap in identifying victims of trafficking. Was training of judges taking place? What was being done to prevent re-victimization?
Another Expert raised the issue of anti-discrimination provisions and noted the absence of a comprehensive act on that matter. Was there any plan to adopt such legislation, on the basis of the 2011 draft? More information was sought about the status of the council against discrimination. Were there plans to transform it into a fully independent body?
The Ombudsman continued to play an important role, but relatively few of the cases before him expressly concerned discrimination. What concrete steps were being taken to promote the Ombudsman’s role in combatting discrimination?
What were the most concrete results in the achievement of equal opportunities for men and women, the Expert inquired. How many multiple discrimination cases had been registered, in which being female was one of the elements?
The Committee was encouraged that there had been a decrease in the cases of domestic violence. Could information be provided on female minor victims of domestic violence, and among the Roma communities, both domicile and recent arrivals?
On access to abortion, an Expert asked the delegation to comment on various restrictions stemming from the 2012 law. Did girls between 16 and 18 need to receive the explicit authorization of their parents? Statistics and relevant examples of case law were sought. How many abortions had been provided in public health centres over the previous few years?
Questions were also asked about national health services providing contraception.
An increasing number of persons with disabilities was reportedly denied their legal capacity, such as the right to vote. Could some statistics be provided? The issue of forced institutionalization, including sterilization without consent, was also raised.
Turning to the issue of torture, another Expert asked about allegations that medical services had not been provided to persons held in detention. An update was sought for two specific cases. The Expert wanted to know why three officials found guilty of torture had been pardoned; that could establish a feeling of impunity.
The Private Security Act, which had entered into force in 2014, regulated activities of the private security sector. Would those entities have the right to deprive individuals of freedom and survey public spaces? Did those private security companies fall under the remit of official security agencies?
More information was requested about reparations to the victims of human rights violations committed during the dictatorship in Spain. Enforced disappearances were an ongoing crime. Too much burden seemed to be placed on the families of victims. What were the legal reasons for rejecting cooperation with Argentinian officials in that regard? What was the way forward?
An Expert said that the Committee recognized that Spain was under increasing pressure from the influx of migrants and asylum seekers, but the State party should do all it could to protect their human rights. Were those in migrant-holding centres called by their names? Three types of ill-treatment – by staff, other detainees and violence in the two autonomous cities – were raised and clarification was sought. What inspections of migrant-holding facilities had the police forces conducted? Was information in different languages available to migrants? What oversight and remedies were available for allegations of mistreatment in the autonomous cities?
Clarifications were asked on the process of declassification of the archives of the Franco era. How about taking of DNA samples for the purpose of identifying victims of that period?
Could more information be given on the case of Ali Arras in 2011, who had been extradited by Spain to Morocco, only to suffer serious torture there? Why had Spain not complied with the recommendation of the Committee in that regard?
Responses by the Delegation
Regarding the jurisprudence of the Constitutional Court from 2005 which had stated that the Committees did not form part of the domestic legal structure, the delegation said that domestic rulings could not be overruled by an international body. It was only through special procedures, such as was the case with the European Union, that international resolutions had direct applicability. Decisions by the Committees were not directly legally binding in Spain; those were not supranational bodies. In Spain, the last word lay with the Constitutional Court.
In the Ali Arras case, where the Committee had found a violation, Spain had followed domestic provisions and the domestic high court had not found evidence that there was suspicion of Mr. Arras being tortured if he was extradited.
The 1977 Amnesty Act was a law issued by a democratically constituted Parliament, the delegation emphasized. Extraditions requested by Argentina had been refused because of the agreement between the two countries on extradition, which read that no extradition should take place if criminal responsibility had not been established. The Committee was asking Spain to retroactively apply laws to crimes whose statute of limitations had already elapsed, which could not be done.
The law on the status of victims provided for comprehensive compensation to victims, financial but also through criminal proceedings and psycho-social support. Victims enjoyed various rights, including guarantee of safety and protection from reprisals. Special provisions were in place for minors, persons with disabilities and others who needed additional protection.
The delegation stated that persons with disabilities were provided with proper protection. The Criminal Code provided safeguards when it came to forced sterilization. Such acts would need to be approved by a judicial body, with the consent of the guardians. Those with mental disabilities who could understand the concepts of parenthood and did not want to be sterilized could not be sterilized against their will.
On granting pardons, the delegation said that the few cases mentioned by the Committee had been exceptional. The criteria were now stricter, and the Parliament needed to be briefed on the matter twice a year.
The delegation said that forensic doctors visited incommunicado detainees twice within every 24 hours.
In 2011, the comprehensive draft project law on anti-discrimination had been abandoned, but there were anti-discriminatory provisions in numerous other laws. The Council for Equal Treatment continued to be part of the Ministry of Health. It worked closely with the Institute for Women and Equal Opportunity. At the moment, the Council did not have a president, but its powers continued to be complied with, an example being a recent recommendation regarding campaigning for local elections.
Responding to the questions on gender equality, it was explained that legislation provided for a series of more than 200 measures, the large majority of which had been implemented. The measures needed to be looked at in order to establish which had been the most successful. One success came from an initiative to support women entrepreneurs. In Spain, data was desegregated by sex, which helped identify the existing gaps.
On abortion, the delegation said that there was a proposal of an organic law going through Parliament now. One of the articles provided for consent for women who were between 16 and 18. The text had been drafted by a parliamentary group and had not been submitted by the Government. The rationale was the protection of the interests of the minor. Any health centre across Spain was obliged to follow the central laws. Regarding statistics, in 2013, the total number of abortions in Spain had dropped compared to previous years. Women below the age of 18 were about 12 per cent of all women going for abortion. Access to contraception was provided.
Turning to the issue of trafficking of women and children, the delegation informed that there were grants for projects to support victims of trafficking. In 2014, more than 76,000 women at risk had been contacted. There were 40 centres in Spain to provide support and care to women victims of trafficking. Prevention methods were provided for in a comprehensive programme to combat trafficking of women and children. The Ministry of the Interior had carried out training for 89 per cent of those working in the assistance network. The Ministry of Justice was also providing education on trafficking and gender violence and other Ministries were involved in their respective areas.
Spain was working on identifying and detecting women who were suffering from domestic violence. Awareness raising through mass and social media was conducted. More than 92 per cent of the population found domestic violence unacceptable, while the percentage among the young was still higher. Statistics showed that in 2014 150 cases had been involved in legal proceedings, when both the perpetrator and the victim had been minors.
Regarding the low level of complaints on discrimination against Roma, a delegate stated that indeed very few cases had been recorded and few complaints filed by the Roma. Perhaps a reason was the lack of trust towards the authorities. Information was provided through awareness-raising campaigns, and women were encouraged to complain when needed and validate their rights.
On the Second Human Rights Plan, the delegation informed that the First Plan had been assessed and needs identified to draft a new one. The draft diagnostic had been submitted for consultations to various Ministries, which had proposed measures to be included in the new plan. The process was indeed taking some time, but that was because consultations were detailed.
On equality between men and women in the labour market, it was explained that companies were assessed on various accounts, including promoting the position of women within their structures. Out of all companies inspected, 0.3 per cent of workers had been found to be experiencing some discrimination in terms of wages.
A delegate said that incommunicado detention in Spain was limited to very specific cases, and only eight per cent of those confined for terrorism were held incommunicado. Regarding the complaint from Argentinian doctors, the delegation did not have sufficient information on that, but could look into it and respond in writing within 48 hours.
In police forces, there was vigorous monitoring of internal affairs with the view of punishing any alleged cases of torture. Members of the police forces and law enforcement agencies were provided with all the measures necessary to conduct their investigations.
Private security was subordinate to the official security bodies and forces of the State. They did not operate in public spaces, and they always cooperated closely with official forces. When unlawful conduct was committed, their license was withdrawn.
Migrant holding centres had two functions: to deal with national security and to look after the security of persons interned there. Various services, including legal and social, were provided in the centres, by organizations outside of Spanish police forces. There were provisions for calling persons interned by their names and not numbers assigned to them. Regarding cases of ill-treatment in those centres, the delegation said that all complaints were not only investigated by the management, but impartial judicial investigations also took place, with medical assessment being regularly conducted.
Regarding the two autonomous cities of Ceuta and Melilla, Spanish security forces carried out border-surveillance activities, the delegation explained, in compliance with national and European Union norms. Those forces operated in difficult circumstances, while paying attention to the proportionate application of force.
On the repatriation of victims of trafficking, the delegation said that if the victim of trafficking decided to be voluntarily returned home, that was provided by the Government. The relevant body in the country of destination was subsequently informed. Recently, a bilateral agreement on that issue with Romania had been signed. The delegation said that the lowest sentence that could be handed down in cases of forced labour was eight years. In September, an annual report for 2014-2015 would be published, and the Committee would be provided with a copy.
Questions by the Experts
In a follow-up question, an Expert asked whether there were protocols in place for the use of force in the autonomous cities of Ceuta and Melilla. There were reports that migrants had been hit by batons, including a 12-year old. What training was provided to the border security and what oversight mechanisms were available? Had any investigations taken place?
Could the delegation provide more details on procedures in place in Ceuta and Melilla for returning and expelling migrants? Were these any different from those of other border posts? When would the asylum post in Ceuta be operational? What measures were being taken to prevent harassment of migrants by Moroccan border guards? Could specialized non-governmental organizations access migrant holding centres in order to independently assess migrant needs?
On incommunicado detention, the Expert recalled that Spain had been urged to end such a practice. The fact that incommunicado detention was currently applied to only eight per cent of all held on terrorism charges was appreciated. The Committee was concerned that the regime still continued to deny some fundamental rights. Were any changes to the current regime being contemplated at the moment? Was the burden of proof showing that incommunicado detention was truly necessary? In how many instances and for what kind of cases had incommunicado detention been applied since the last report? Was independent medical assessment provided for individuals who claimed to have been victims of torture?
What was the frequency of solitary confinement in the Spanish penitentiary system? The case of a Basque lawyer, who had been allegedly held in solitary confinement in pre-trial for over the year, was raised.
Referring to legal fees, the delegation was asked to elaborate on limitations with respect to non-nationals. What changes were contemplated with regard to free legal aid? Would undocumented migrants from outside of the European Union have access to free legal aid?
Another Expert observed that the rules on forced sterilizations still ought to be defined, and the Committee was looking forward to receiving details on that. Could there be possible conflict of interest between the guardian and the person affected?
Which Ministry controlled migrant holding centres, the Expert inquired. What were the occupancy rates, and were there cases of overcrowding? Were there enough personnel provided? How many people had been detained in those centres in 2013 and 2014, and how many among those were unaccompanied minors? Information was sought about several deaths that had occurred in the centres.
Regarding social protest, there were elements indicating that there could be some legal limitations to the freedom of assembly. There seemed to be limits in place for holding spontaneous demonstrations.
On excessive use of force by the police, the Expert asked for further information on specific instances, including the demonstration on 25 September 2012. Criminal proceedings in some cases had been dismissed, for which clarifications were sought. Did police badges include visible names of police officers in all circumstances?
More clarification was sought on the pardons in cases of torture.
With reference to the private security act, an Expert was hoping to receive more information in writing on their power of detention and other powers. The same was the case regarding the right to justice and the hopes of reconciliation.
The definition of terrorism was thought to be somewhat vague, an Expert noted. The notion of terrorist activity seemed to include people who were promoting its activity. Was such an approach not quite risky and affecting freedom of expression? Further concerns were raised on possible limitations on people’s freedoms.
Another Expert referred to the judicial value of the hierarchy, and asked about compliance with individual communications sent by the Committee. The Committee did have a mandate to apply and interpret the Covenant, the Expert emphasized. That constituted the essence of the Committee’s work. International obligations ought to be complied with in good faith.
On unaccompanied minors, the Expert asked what Spain was doing to work together with countries of origin to prevent the travelling of children on their own. How was the exact age of children being established?
Migrants and the Roma were being stigmatized by the media, the Expert noted, and asked what the State was doing to stop such practices which could lead to persecution and crimes of hate?
A question was asked about “express flights home”, by which sometimes migrants were returned to their home countries within 72 hours of losing a job in Spain.
Was the Government planning to set up an early warning system to identify all migrants asking for asylum, the Expert inquired.
Another Expert noted that there was a large number of complaints on ethnic profiling related to searches submitted to the Ombudsman. What was being done to stop that practice? Were police forces trained to operate in an increasingly diverse society?
Members of the Council for Equal Treatment who were not civil servants were still carrying out their functions on a voluntary basis, which could compromise the Council’s sustainability, the Expert noted. When would the Council have its new President?
Victims of discrimination seemed to be often hampered in their access to courts, as such actions proved to be too costly and difficult to them. What had been done in order to make access to courts easier, which was also a way to combat discrimination?
An Expert asked about cases of the Constitutional Court making decisions in line with the Covenant.
Questions on historic cases, access to the archives, DNA sampling and excavating mass graves were raised again by an Expert.
Responses by the Delegation
Regarding the question on treaties ratified by Spain being part of the domestic legal order, the delegation explained that the Spanish legal system was dualist, and competencies needed to be drawn from the Constitution. Interpretation of treaties was in place in accordance with international treaties. Legal decisions made by the Committee were not necessarily executed as there needed to exist an organic law.
Information on the opening of the archives would be provided subsequently. With regard to the opening of the mass graves, a permit from local authorities needed to be granted. Subsidies requiring budgetary authorization could be granted for the protection of historic memory. Proceedings could not be reopened for crimes committed for political purposes. Investigating judges could not open criminal proceedings if those had elapsed through legislative acts. People could not be invited to bear witness or give statements because that would entail reopening of the proceedings, which could not be done if the criminal trial was not under way, the delegation explained.
Responding to the questions on demonstrations, those could be prohibited if there was a danger of public disorder. There was punishment for incitement to convening demonstrations which would result in violence.
A delegate stated that there was no prohibition of free legal aid to persons held in incommunicado detention. There were provisions that forensic doctors could see those held incommunicado twice every 24 hours, and could be accompanied by other doctors if need be. Detainees had been able to choose doctors in some cases.
Confidentiality was guaranteed in conversations between the lawyer and the client, which was now recognized in the Spanish legal system.
Amendments on free legal aid were currently before the Parliament, a delegate said. There were improvements in the right of free legal aid for foreigners. Efforts were made to avoid re-victimization. Special training was provided to lawyers dealing with free legal aid.
The pardon from the Ministry of Justice in the cases of torture had been independent and exceptional in nature.
The delegation said that migrant detention centres were managed by the Ministry of the Interior. The average rate of occupancy stood at 40 per cent; desegregated data was available for each of the centres. The average occupancy was 24 days and the maximum 70 days. In 2013, some 4,700 people had been expelled from those centres. Holding of a minor in a centre was subject to a favourable opinion of the Ministry of Justice. Detainees could make a complaint to the Ombudsman directly or through non-governmental organizations present there. All complaints were thoroughly investigated. Use of mobile phones by detainees in the centres was allowed.
On express flight homes, it was explained that those were not taking place within 72 hours of losing a job, and interim measures could take place.
A delegate explained that a new organic law provided for the respect of principles of proportionality and not to discriminate on the basis of sex, racial or religious features when it came to police searches. That way, profiling would be limited.
All of the agents on Spanish borders were trained in human rights, both internally and in various centres, throughout their careers. In the autonomous cities of Ceuta and Melilla, additional trainings were previsioned on emergency assistance to vulnerable people and international human rights protection. The delegation clarified that foreigners entering Ceuta and Melilla were subject to expulsions on an individual, case-by-case basis. Those procedures went hand in hand with other measures such as non-refoulement and free legal aid. The regime in place was currently included in the organic law on aliens. Spain was well aware of the increasing pressure when it came to asylum seekers; consequently, migrant offices in both autonomous cities were now open. The majority of people asking for asylum in the border areas were Syrians.
Security officers who committed crimes contained in the Criminal Code would have their licenses withdrawn, the delegation stated. Spanish legislation did not provide for automatic recording of questionings in police stations, but progress was being made in that area. All questionings of minors and persons with disabilities were recorded.
Sanction of solitary confinement was strictly controlled and monitored by judicial bodies and was not of an executive nature. Such inmates were visited by doctors as many as three times per day.
In 2013, some 6,000 demonstrations had taken place in Spain, and only in 20 cases had the riot equipment been used.
In relation to the repatriation of foreign minors, the delegation said that there had been fewer than 10 cases in 2013 and none in 2014. Such repatriations had been conducted with the best interest of the child in mind. No minors had been repatriated to Morocco. In less than 24 hours, it needed to be established whether someone should go through the adults or the minors system. With the consent of the affected individual, testing would then take place, including x-rays of their left hand or teeth. The Ombudsman had been advised of those issues.
On forced sterilizations, the delegation reiterated that the majority of sterilizations pertained to women. Consensual sterilization to any adult was lawful, whereas forced sterilization was an offence.
The delegation said that the Roma population was a very large group in Spanish society. In 2011, a comprehensive strategy to combat racism and xenophobia had been approved. Every year, a survey was carried out on the evolving nature of racism, so that strategies could be appropriately tailored. Overall results showed that the Spanish society was becoming more tolerant. Specialized agencies worked on hate crimes.
The protocol on unaccompanied foreign minors helped assess the role of each of the involved agencies in establishing the age, registering them and providing necessary services. Spain was trying to help improve socio-economic measures in the countries of origin so that minors did not have to leave, but could establish themselves in their home countries. There was a mobility agreement between Spain and Morocco. Minors could work from the age of 16.
The budget for assisting victims of hate crimes and discrimination had been sustained over the previous few years, a delegate informed. Discrimination in the private sector did not always come before the courts, but was dealt with through administrative channels.
Follow-up Questions
The Ombudsman had provided information that there were no diplomatic guarantees regarding express flights home, an Expert noted, asking for a response in writing.
Another Expert asked about the status of the amendments on the 2009 asylum law.
Concluding Remarks
FABIAN OMAR SALVIOLI, Chairperson of the Committee, praised the delegation for making an effort to respond to the vast array of questions. The dialogue had been very enriching, and the delegation had been well prepared. A number of issues, regarding torture, enforced disappearances, incommunicado detention, and public and private security, had been discussed, and concluding recommendations were likely to include those and other matters. Perpetrators of torture ought to be punished. The Chairperson did not see why there would be a problem establishing State responsibility in enforced disappearances; the Amnesty Law should not be an obstacle to it. The Committee was the only body to interpret the Covenant, the Chairperson stressed. Which other body could do it if not the Committee?
ANA MARIA MENENDEZ, Permanent Representative of Spain to the United Nations Office at Geneva, said that the delegation had endeavoured to answer all of the questions, and subsequent clarifications and full answers would be provided in writing within 48 hours. Civil society was thanked for being present. It was a pity that the dialogue had not been webcast; such interactions should be made public whenever possible. It was an ongoing dialogue, and the State party would accept the simplified reporting procedure for the following cycle.
Ana Maria Menendez, Permanent Representative of Spain to the United Nations Office at Geneva, presenting the report, said that Spain’s relationship with the Committee had been continuous over the years. The Spanish Penal Code rejected all kinds of hate crimes against various communities and minorities. The Prosecutor’s Office for Equality and against Discrimination was fully operational. Companies were required to move towards balanced participation between men and women. Trafficking in human beings had been listed as an autonomous crime in 2010. The revised text on being held incommunicado reinforced the guarantees for the detainees, and legal justification and urgency were necessary for holding anyone incommunicado. The Victims of Crimes Act, adopted in 2015, provided victims not only with reparations for injuries caused, but also with psycho-social help.
In the dialogue that followed, Committee Experts wanted to know more about efforts to combat trafficking in human beings and measures taken to prevent forced labour. Treatment of migrants and asylum seekers, including their expulsion and conditions in migrant holding centres, in the autonomous cities of Ceuta and Melilla, was thoroughly discussed. Experts also raised issues of abortion, provisions of contraception, gender pay gap, and domestic violence. Subjects of incommunicado detention and rules for extradition were also addressed at length. Other issues raised by the Experts included forced sterilization of mentally disabled persons, operations of private security companies, responsibilities and effectiveness of the Ombudsman, dealing with historic cases, access to the archives, DNA sampling and excavating mass graves from the period of the dictatorship.
Committee Chairperson Fabian Omar Salvioli, in his concluding remarks, said that the dialogue had been very enriching, and the delegation had been well prepared. A number of issues, regarding torture, enforced disappearances, incommunicado detention, and public and private security, had been discussed, and concluding recommendations were likely to include those and other matters. The Chairperson did not see why there would be a problem establishing State responsibility in enforced disappearances; the Amnesty Law should not be an obstacle to it. The Committee was the only body to interpret the Covenant, the Chairperson stressed.
Ms. Menendez, in closing remarks, said that the delegation had endeavoured to answer all of the questions, and subsequent clarifications and full answers would be provided in writing within 48 hours. Civil society was thanked for being present. It was a pity that the dialogue had not been webcast; such interactions should be made public whenever possible. It was an ongoing dialogue, and the State party would accept the simplified reporting procedure for the following cycle.
The delegation of Spain included representatives of the Ministry of Foreign Affairs and Cooperation, State Prosecutor’s Office, Ministry of Justice, Ministry of the Interior, Ministry of Education, Culture and Sport, Ministry of Employment and Social Security, Ministry of Health, Social Services and Equality, and the Permanent Mission of Spain to the United Nations Office at Geneva.
The Committee will next meet in public today at 3 p.m., when it will consider the sixth periodic report of Canada (CCPR/C/CAN/6).
Report
The sixth periodic report of Spain is available here: CCPR/C/ESP/6.
Presentation of the Report
ANA MARIA MENENDEZ, Permanent Representative of Spain to the United Nations Office at Geneva, presenting the report, said that Spain’s relationship with the Committee had been continuous over the years. Regarding the fight against racism and xenophobia, the Penal Code rejected all kinds of hate crimes against various communities and minorities. More than 20,000 civil servants, including members of the security forces, had been trained to identify and register racist incidents. The Prosecutor’s Office for Equality and against Discrimination was fully operational.
Companies were required to move towards balanced participation between men and women. On corporate boards, women should be represented by at least 30 per cent in 2020. Progress had also been made in the audio-visual taping of hearings in police stations. In 2014, a domestic regime had been approved for migrant hosting centres. The regime of guarantees and legal controls had been perfected, and the Ministry of the Interior had signed an agreement with the Spanish Red Cross on providing assistance in centres for holding foreigners.
Fighting violence against women was one of the priorities of the Government, and a national strategy for 2013-2016 was being implemented. Free legal counsel was provided to the victims of gender-based violence. Any foreign citizen, regardless of their status in Spain, could submit a complaint on cases of gender-based violence without hindering their status. Spain had provided specific statistics on the number of complaints received and sentences handed out between 2010 and 2014, as requested by the Committee. Trafficking in human beings had been listed as an autonomous crime in 2010. A comprehensive plan had been put in place in 2009, and would soon be replaced by an updated plan. Offices for international protection in the autonomous cities of Ceuta and Melilla had opened in September 2014, and constituted a significant step towards facilitating access to international protection.
Regarding persons deprived of freedom, an organic law was in procedure. The revised text on being held incommunicado reinforced the guarantees for the detainees. Legal justification and urgency were necessary for holding anyone incommunicado. Judges and security forces were already adjusting their behaviour to the exceptional context of holding anyone incommunicado. Only eight per cent of detainees being held for the crimes of terrorism were held incommunicado in 2015. They were provided with medical assistance on a daily basis. With regard to the protection of unaccompanied minors on Spanish territory, a framework protocol had been signed in 2014, which was based on the principle of the primary interests of the child. Foreign minors had the right to education, health and social services, the same way as Spanish minors.
Ms. Menendez said that there was a draft law in the Parliament to strengthen procedural guarantees to free trial. Those changes were in compliance with the latest recommendations by the Committee. The victims of crimes act, adopted in 2015, provided victims not only reparations for injuries caused, but also psycho-social help.
Questions by Experts
An Expert invited Spain to consider accepting the simplified reporting procedures.
He asked about a protocol on accepting individual communications. What was the position of Spain on the principle of good faith regarding observations and recommendations emanating from the Committee?
Turning to the issue of human trafficking, the Expert said that Spain had some of the best standards on protection and prevention in that regard. Nonetheless, Spain was still a transit and destination country. Could the delegation provide statistics regarding reparation to victims? More information was sought on domestic trafficking. There was a gap in identifying victims of trafficking. Was training of judges taking place? What was being done to prevent re-victimization?
Another Expert raised the issue of anti-discrimination provisions and noted the absence of a comprehensive act on that matter. Was there any plan to adopt such legislation, on the basis of the 2011 draft? More information was sought about the status of the council against discrimination. Were there plans to transform it into a fully independent body?
The Ombudsman continued to play an important role, but relatively few of the cases before him expressly concerned discrimination. What concrete steps were being taken to promote the Ombudsman’s role in combatting discrimination?
What were the most concrete results in the achievement of equal opportunities for men and women, the Expert inquired. How many multiple discrimination cases had been registered, in which being female was one of the elements?
The Committee was encouraged that there had been a decrease in the cases of domestic violence. Could information be provided on female minor victims of domestic violence, and among the Roma communities, both domicile and recent arrivals?
On access to abortion, an Expert asked the delegation to comment on various restrictions stemming from the 2012 law. Did girls between 16 and 18 need to receive the explicit authorization of their parents? Statistics and relevant examples of case law were sought. How many abortions had been provided in public health centres over the previous few years?
Questions were also asked about national health services providing contraception.
An increasing number of persons with disabilities was reportedly denied their legal capacity, such as the right to vote. Could some statistics be provided? The issue of forced institutionalization, including sterilization without consent, was also raised.
Turning to the issue of torture, another Expert asked about allegations that medical services had not been provided to persons held in detention. An update was sought for two specific cases. The Expert wanted to know why three officials found guilty of torture had been pardoned; that could establish a feeling of impunity.
The Private Security Act, which had entered into force in 2014, regulated activities of the private security sector. Would those entities have the right to deprive individuals of freedom and survey public spaces? Did those private security companies fall under the remit of official security agencies?
More information was requested about reparations to the victims of human rights violations committed during the dictatorship in Spain. Enforced disappearances were an ongoing crime. Too much burden seemed to be placed on the families of victims. What were the legal reasons for rejecting cooperation with Argentinian officials in that regard? What was the way forward?
An Expert said that the Committee recognized that Spain was under increasing pressure from the influx of migrants and asylum seekers, but the State party should do all it could to protect their human rights. Were those in migrant-holding centres called by their names? Three types of ill-treatment – by staff, other detainees and violence in the two autonomous cities – were raised and clarification was sought. What inspections of migrant-holding facilities had the police forces conducted? Was information in different languages available to migrants? What oversight and remedies were available for allegations of mistreatment in the autonomous cities?
Clarifications were asked on the process of declassification of the archives of the Franco era. How about taking of DNA samples for the purpose of identifying victims of that period?
Could more information be given on the case of Ali Arras in 2011, who had been extradited by Spain to Morocco, only to suffer serious torture there? Why had Spain not complied with the recommendation of the Committee in that regard?
Responses by the Delegation
Regarding the jurisprudence of the Constitutional Court from 2005 which had stated that the Committees did not form part of the domestic legal structure, the delegation said that domestic rulings could not be overruled by an international body. It was only through special procedures, such as was the case with the European Union, that international resolutions had direct applicability. Decisions by the Committees were not directly legally binding in Spain; those were not supranational bodies. In Spain, the last word lay with the Constitutional Court.
In the Ali Arras case, where the Committee had found a violation, Spain had followed domestic provisions and the domestic high court had not found evidence that there was suspicion of Mr. Arras being tortured if he was extradited.
The 1977 Amnesty Act was a law issued by a democratically constituted Parliament, the delegation emphasized. Extraditions requested by Argentina had been refused because of the agreement between the two countries on extradition, which read that no extradition should take place if criminal responsibility had not been established. The Committee was asking Spain to retroactively apply laws to crimes whose statute of limitations had already elapsed, which could not be done.
The law on the status of victims provided for comprehensive compensation to victims, financial but also through criminal proceedings and psycho-social support. Victims enjoyed various rights, including guarantee of safety and protection from reprisals. Special provisions were in place for minors, persons with disabilities and others who needed additional protection.
The delegation stated that persons with disabilities were provided with proper protection. The Criminal Code provided safeguards when it came to forced sterilization. Such acts would need to be approved by a judicial body, with the consent of the guardians. Those with mental disabilities who could understand the concepts of parenthood and did not want to be sterilized could not be sterilized against their will.
On granting pardons, the delegation said that the few cases mentioned by the Committee had been exceptional. The criteria were now stricter, and the Parliament needed to be briefed on the matter twice a year.
The delegation said that forensic doctors visited incommunicado detainees twice within every 24 hours.
In 2011, the comprehensive draft project law on anti-discrimination had been abandoned, but there were anti-discriminatory provisions in numerous other laws. The Council for Equal Treatment continued to be part of the Ministry of Health. It worked closely with the Institute for Women and Equal Opportunity. At the moment, the Council did not have a president, but its powers continued to be complied with, an example being a recent recommendation regarding campaigning for local elections.
Responding to the questions on gender equality, it was explained that legislation provided for a series of more than 200 measures, the large majority of which had been implemented. The measures needed to be looked at in order to establish which had been the most successful. One success came from an initiative to support women entrepreneurs. In Spain, data was desegregated by sex, which helped identify the existing gaps.
On abortion, the delegation said that there was a proposal of an organic law going through Parliament now. One of the articles provided for consent for women who were between 16 and 18. The text had been drafted by a parliamentary group and had not been submitted by the Government. The rationale was the protection of the interests of the minor. Any health centre across Spain was obliged to follow the central laws. Regarding statistics, in 2013, the total number of abortions in Spain had dropped compared to previous years. Women below the age of 18 were about 12 per cent of all women going for abortion. Access to contraception was provided.
Turning to the issue of trafficking of women and children, the delegation informed that there were grants for projects to support victims of trafficking. In 2014, more than 76,000 women at risk had been contacted. There were 40 centres in Spain to provide support and care to women victims of trafficking. Prevention methods were provided for in a comprehensive programme to combat trafficking of women and children. The Ministry of the Interior had carried out training for 89 per cent of those working in the assistance network. The Ministry of Justice was also providing education on trafficking and gender violence and other Ministries were involved in their respective areas.
Spain was working on identifying and detecting women who were suffering from domestic violence. Awareness raising through mass and social media was conducted. More than 92 per cent of the population found domestic violence unacceptable, while the percentage among the young was still higher. Statistics showed that in 2014 150 cases had been involved in legal proceedings, when both the perpetrator and the victim had been minors.
Regarding the low level of complaints on discrimination against Roma, a delegate stated that indeed very few cases had been recorded and few complaints filed by the Roma. Perhaps a reason was the lack of trust towards the authorities. Information was provided through awareness-raising campaigns, and women were encouraged to complain when needed and validate their rights.
On the Second Human Rights Plan, the delegation informed that the First Plan had been assessed and needs identified to draft a new one. The draft diagnostic had been submitted for consultations to various Ministries, which had proposed measures to be included in the new plan. The process was indeed taking some time, but that was because consultations were detailed.
On equality between men and women in the labour market, it was explained that companies were assessed on various accounts, including promoting the position of women within their structures. Out of all companies inspected, 0.3 per cent of workers had been found to be experiencing some discrimination in terms of wages.
A delegate said that incommunicado detention in Spain was limited to very specific cases, and only eight per cent of those confined for terrorism were held incommunicado. Regarding the complaint from Argentinian doctors, the delegation did not have sufficient information on that, but could look into it and respond in writing within 48 hours.
In police forces, there was vigorous monitoring of internal affairs with the view of punishing any alleged cases of torture. Members of the police forces and law enforcement agencies were provided with all the measures necessary to conduct their investigations.
Private security was subordinate to the official security bodies and forces of the State. They did not operate in public spaces, and they always cooperated closely with official forces. When unlawful conduct was committed, their license was withdrawn.
Migrant holding centres had two functions: to deal with national security and to look after the security of persons interned there. Various services, including legal and social, were provided in the centres, by organizations outside of Spanish police forces. There were provisions for calling persons interned by their names and not numbers assigned to them. Regarding cases of ill-treatment in those centres, the delegation said that all complaints were not only investigated by the management, but impartial judicial investigations also took place, with medical assessment being regularly conducted.
Regarding the two autonomous cities of Ceuta and Melilla, Spanish security forces carried out border-surveillance activities, the delegation explained, in compliance with national and European Union norms. Those forces operated in difficult circumstances, while paying attention to the proportionate application of force.
On the repatriation of victims of trafficking, the delegation said that if the victim of trafficking decided to be voluntarily returned home, that was provided by the Government. The relevant body in the country of destination was subsequently informed. Recently, a bilateral agreement on that issue with Romania had been signed. The delegation said that the lowest sentence that could be handed down in cases of forced labour was eight years. In September, an annual report for 2014-2015 would be published, and the Committee would be provided with a copy.
Questions by the Experts
In a follow-up question, an Expert asked whether there were protocols in place for the use of force in the autonomous cities of Ceuta and Melilla. There were reports that migrants had been hit by batons, including a 12-year old. What training was provided to the border security and what oversight mechanisms were available? Had any investigations taken place?
Could the delegation provide more details on procedures in place in Ceuta and Melilla for returning and expelling migrants? Were these any different from those of other border posts? When would the asylum post in Ceuta be operational? What measures were being taken to prevent harassment of migrants by Moroccan border guards? Could specialized non-governmental organizations access migrant holding centres in order to independently assess migrant needs?
On incommunicado detention, the Expert recalled that Spain had been urged to end such a practice. The fact that incommunicado detention was currently applied to only eight per cent of all held on terrorism charges was appreciated. The Committee was concerned that the regime still continued to deny some fundamental rights. Were any changes to the current regime being contemplated at the moment? Was the burden of proof showing that incommunicado detention was truly necessary? In how many instances and for what kind of cases had incommunicado detention been applied since the last report? Was independent medical assessment provided for individuals who claimed to have been victims of torture?
What was the frequency of solitary confinement in the Spanish penitentiary system? The case of a Basque lawyer, who had been allegedly held in solitary confinement in pre-trial for over the year, was raised.
Referring to legal fees, the delegation was asked to elaborate on limitations with respect to non-nationals. What changes were contemplated with regard to free legal aid? Would undocumented migrants from outside of the European Union have access to free legal aid?
Another Expert observed that the rules on forced sterilizations still ought to be defined, and the Committee was looking forward to receiving details on that. Could there be possible conflict of interest between the guardian and the person affected?
Which Ministry controlled migrant holding centres, the Expert inquired. What were the occupancy rates, and were there cases of overcrowding? Were there enough personnel provided? How many people had been detained in those centres in 2013 and 2014, and how many among those were unaccompanied minors? Information was sought about several deaths that had occurred in the centres.
Regarding social protest, there were elements indicating that there could be some legal limitations to the freedom of assembly. There seemed to be limits in place for holding spontaneous demonstrations.
On excessive use of force by the police, the Expert asked for further information on specific instances, including the demonstration on 25 September 2012. Criminal proceedings in some cases had been dismissed, for which clarifications were sought. Did police badges include visible names of police officers in all circumstances?
More clarification was sought on the pardons in cases of torture.
With reference to the private security act, an Expert was hoping to receive more information in writing on their power of detention and other powers. The same was the case regarding the right to justice and the hopes of reconciliation.
The definition of terrorism was thought to be somewhat vague, an Expert noted. The notion of terrorist activity seemed to include people who were promoting its activity. Was such an approach not quite risky and affecting freedom of expression? Further concerns were raised on possible limitations on people’s freedoms.
Another Expert referred to the judicial value of the hierarchy, and asked about compliance with individual communications sent by the Committee. The Committee did have a mandate to apply and interpret the Covenant, the Expert emphasized. That constituted the essence of the Committee’s work. International obligations ought to be complied with in good faith.
On unaccompanied minors, the Expert asked what Spain was doing to work together with countries of origin to prevent the travelling of children on their own. How was the exact age of children being established?
Migrants and the Roma were being stigmatized by the media, the Expert noted, and asked what the State was doing to stop such practices which could lead to persecution and crimes of hate?
A question was asked about “express flights home”, by which sometimes migrants were returned to their home countries within 72 hours of losing a job in Spain.
Was the Government planning to set up an early warning system to identify all migrants asking for asylum, the Expert inquired.
Another Expert noted that there was a large number of complaints on ethnic profiling related to searches submitted to the Ombudsman. What was being done to stop that practice? Were police forces trained to operate in an increasingly diverse society?
Members of the Council for Equal Treatment who were not civil servants were still carrying out their functions on a voluntary basis, which could compromise the Council’s sustainability, the Expert noted. When would the Council have its new President?
Victims of discrimination seemed to be often hampered in their access to courts, as such actions proved to be too costly and difficult to them. What had been done in order to make access to courts easier, which was also a way to combat discrimination?
An Expert asked about cases of the Constitutional Court making decisions in line with the Covenant.
Questions on historic cases, access to the archives, DNA sampling and excavating mass graves were raised again by an Expert.
Responses by the Delegation
Regarding the question on treaties ratified by Spain being part of the domestic legal order, the delegation explained that the Spanish legal system was dualist, and competencies needed to be drawn from the Constitution. Interpretation of treaties was in place in accordance with international treaties. Legal decisions made by the Committee were not necessarily executed as there needed to exist an organic law.
Information on the opening of the archives would be provided subsequently. With regard to the opening of the mass graves, a permit from local authorities needed to be granted. Subsidies requiring budgetary authorization could be granted for the protection of historic memory. Proceedings could not be reopened for crimes committed for political purposes. Investigating judges could not open criminal proceedings if those had elapsed through legislative acts. People could not be invited to bear witness or give statements because that would entail reopening of the proceedings, which could not be done if the criminal trial was not under way, the delegation explained.
Responding to the questions on demonstrations, those could be prohibited if there was a danger of public disorder. There was punishment for incitement to convening demonstrations which would result in violence.
A delegate stated that there was no prohibition of free legal aid to persons held in incommunicado detention. There were provisions that forensic doctors could see those held incommunicado twice every 24 hours, and could be accompanied by other doctors if need be. Detainees had been able to choose doctors in some cases.
Confidentiality was guaranteed in conversations between the lawyer and the client, which was now recognized in the Spanish legal system.
Amendments on free legal aid were currently before the Parliament, a delegate said. There were improvements in the right of free legal aid for foreigners. Efforts were made to avoid re-victimization. Special training was provided to lawyers dealing with free legal aid.
The pardon from the Ministry of Justice in the cases of torture had been independent and exceptional in nature.
The delegation said that migrant detention centres were managed by the Ministry of the Interior. The average rate of occupancy stood at 40 per cent; desegregated data was available for each of the centres. The average occupancy was 24 days and the maximum 70 days. In 2013, some 4,700 people had been expelled from those centres. Holding of a minor in a centre was subject to a favourable opinion of the Ministry of Justice. Detainees could make a complaint to the Ombudsman directly or through non-governmental organizations present there. All complaints were thoroughly investigated. Use of mobile phones by detainees in the centres was allowed.
On express flight homes, it was explained that those were not taking place within 72 hours of losing a job, and interim measures could take place.
A delegate explained that a new organic law provided for the respect of principles of proportionality and not to discriminate on the basis of sex, racial or religious features when it came to police searches. That way, profiling would be limited.
All of the agents on Spanish borders were trained in human rights, both internally and in various centres, throughout their careers. In the autonomous cities of Ceuta and Melilla, additional trainings were previsioned on emergency assistance to vulnerable people and international human rights protection. The delegation clarified that foreigners entering Ceuta and Melilla were subject to expulsions on an individual, case-by-case basis. Those procedures went hand in hand with other measures such as non-refoulement and free legal aid. The regime in place was currently included in the organic law on aliens. Spain was well aware of the increasing pressure when it came to asylum seekers; consequently, migrant offices in both autonomous cities were now open. The majority of people asking for asylum in the border areas were Syrians.
Security officers who committed crimes contained in the Criminal Code would have their licenses withdrawn, the delegation stated. Spanish legislation did not provide for automatic recording of questionings in police stations, but progress was being made in that area. All questionings of minors and persons with disabilities were recorded.
Sanction of solitary confinement was strictly controlled and monitored by judicial bodies and was not of an executive nature. Such inmates were visited by doctors as many as three times per day.
In 2013, some 6,000 demonstrations had taken place in Spain, and only in 20 cases had the riot equipment been used.
In relation to the repatriation of foreign minors, the delegation said that there had been fewer than 10 cases in 2013 and none in 2014. Such repatriations had been conducted with the best interest of the child in mind. No minors had been repatriated to Morocco. In less than 24 hours, it needed to be established whether someone should go through the adults or the minors system. With the consent of the affected individual, testing would then take place, including x-rays of their left hand or teeth. The Ombudsman had been advised of those issues.
On forced sterilizations, the delegation reiterated that the majority of sterilizations pertained to women. Consensual sterilization to any adult was lawful, whereas forced sterilization was an offence.
The delegation said that the Roma population was a very large group in Spanish society. In 2011, a comprehensive strategy to combat racism and xenophobia had been approved. Every year, a survey was carried out on the evolving nature of racism, so that strategies could be appropriately tailored. Overall results showed that the Spanish society was becoming more tolerant. Specialized agencies worked on hate crimes.
The protocol on unaccompanied foreign minors helped assess the role of each of the involved agencies in establishing the age, registering them and providing necessary services. Spain was trying to help improve socio-economic measures in the countries of origin so that minors did not have to leave, but could establish themselves in their home countries. There was a mobility agreement between Spain and Morocco. Minors could work from the age of 16.
The budget for assisting victims of hate crimes and discrimination had been sustained over the previous few years, a delegate informed. Discrimination in the private sector did not always come before the courts, but was dealt with through administrative channels.
Follow-up Questions
The Ombudsman had provided information that there were no diplomatic guarantees regarding express flights home, an Expert noted, asking for a response in writing.
Another Expert asked about the status of the amendments on the 2009 asylum law.
Concluding Remarks
FABIAN OMAR SALVIOLI, Chairperson of the Committee, praised the delegation for making an effort to respond to the vast array of questions. The dialogue had been very enriching, and the delegation had been well prepared. A number of issues, regarding torture, enforced disappearances, incommunicado detention, and public and private security, had been discussed, and concluding recommendations were likely to include those and other matters. Perpetrators of torture ought to be punished. The Chairperson did not see why there would be a problem establishing State responsibility in enforced disappearances; the Amnesty Law should not be an obstacle to it. The Committee was the only body to interpret the Covenant, the Chairperson stressed. Which other body could do it if not the Committee?
ANA MARIA MENENDEZ, Permanent Representative of Spain to the United Nations Office at Geneva, said that the delegation had endeavoured to answer all of the questions, and subsequent clarifications and full answers would be provided in writing within 48 hours. Civil society was thanked for being present. It was a pity that the dialogue had not been webcast; such interactions should be made public whenever possible. It was an ongoing dialogue, and the State party would accept the simplified reporting procedure for the following cycle.
La reforma del sistema de protección refleja un paso adelante en España
El Congreso de los Diputados ha aprobado definitivamente el proyecto de
Ley de Protección de la Infancia. Hace pocos días, el proyecto de ley Orgánica
que lo complementa, contaba con el visto bueno del Pleno del Senado, dando luz
verde con sendas aprobaciones, a la efectiva reforma del sistema de protección
de la infancia impulsada por el Ministerio de Sanidad, Servicios Sociales e
Igualdad. Esta reforma está en consonancia con la Convención sobre los Derechos
del Niño, así como con las recomendaciones que el Comité de Derechos del Niño
hizo a España en el 2010.
La reforma vincula a una docena de normativas modificando, entre otros,
el sistema de adopciones, la regulación de los centros de menores de edad con
trastornos de conducta, el papel de los niños y niñas en los procedimientos
judiciales o su protección frente a situaciones de violencia de género. Entre
sus diversas mejoras, señalan cuestiones como una mejor regulación del
principio del interés superior, avances igualmente con respecto al derecho del
niño a ser escuchado, así como en relación al derecho de información y
asistencia por parte de las Administraciones Públicas.
Pilares de la reforma
La reforma se fundamenta en estos cuatro pilares a saber:
1) priorización de las medidas familiares frente a las institucionales,
2) las estables frente a las temporales,
3) las consensuadas frente a las impuestas y
4) las nacionales frente a internacionales.
Estos cuatro pilares cogen fuerza al aplicarles el principio de interés
superior del niño, principio vinculante a la hora de la respuesta que el Estado
debe brindar.
Este nuevo modelo supone una reforma en profundidad del sistema de
protección tanto en la entrada con la regulación de la guarda voluntaria como
en las medidas de protección existentes: acogimiento familiar, residencial y
adopción. La protección y prevención se convierte en principio de actuación.
Las personas que han sido condenadas por delitos sexuales no podrán trabajar
con niños y niñas y éstos serán considerados también víctimas de violencia de
género.
La importancia de la prevención
Tan importante reforzar el sistema de protección de la infancia como
impulsar medidas preventivas que eviten que los niños, niñas y adolescentes se
inserten en el sistema de protección y puedan ser revictimizados en él mismo.
(basado en artículo publicado en sitio web Plataforma de Organizaciones de Infancia)
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