A/HRC/29/8
The delegation recalled that the Government had taken into account the criteria established
by the Committee on Economic, Social and Cultural Rights regarding adjustment measures,
which should be proportionate, provisional, necessary and not be regressive or
discriminatory.
9.
The delegation went on to describe some of the main themes of the national report.
It mentioned, at the institutional level, the establishment of hate crime and discrimination
departments in each of the provincial prosecutor’s offices in Spain. It also highlighted the
establishment of the post of National Rapporteur on human trafficking to improve
coordination among the various institutions involved.
10.
The delegation stressed that, at the legislative level, the ongoing reform of the penal
code would lead to significant developments in the human rights field. For instance, the
reform would criminalize forced marriage, strengthen the protection of victims of gender
violence, amend the definition of sexual exploitation and forced prostitution and strengthen
the protection of children against offences affecting their sexual freedom. The reform
would also define the crime of enforced disappearance as a separate offence.
11.
Regarding the implementation of the recommendations received in 2010, the
delegation noted that the Government intended to adopt, further to consultations, a new
national human rights plan with a longer time span, making it a State policy. Furthermore,
since its first UPR, Spain had adopted, implemented or advanced the development of
various specific plans such as the Strategic Plan on Equality of Opportunity for the period
2014–2016.
12.
The delegation considered that the eradication of gender-based violence would only
be achieved through the fight for equality. Spain had established a data-collecting system
on gender-based violence that was considered to be a model and the Government
maintained a zero tolerance policy on gender-based violence.
13.
An important group of recommendations received in 2010 related to racial
discrimination and xenophobia. The delegation stated that Spain had adopted, in November
2011, the Comprehensive Strategy against Racism, Racial Discrimination, Xenophobia and
Related Forms of Intolerance. A Map of Discrimination in the country was being
developed, to improve data collection and official statistics regarding incidents and crimes
involving discrimination. The training of State security forces had been enhanced, to assist
them in identifying racist and xenophobic incidents. An independent department providing
assistance for victims of discrimination on grounds of racial or ethnic origin had also been
established.
14.
The delegation stated that the migrant holding centres were not penitentiary facilities
and that people in those centres were always held according to judicial authorization and
under judicial oversight. New rules of procedure had also been adopted in March 2014,
incorporating a series of guarantees.
15.
The autonomous cities of Ceuta and Melilla were under extraordinary migratory
pressure. The temporary migrant reception centres, which operated under an open regime,
provided basic social services to illegal immigrants and asylum seekers. The Government
was undertaking reforms in the reception centres in response to the ever-increasing number
of arrivals. Additionally, the Government had decided to establish refugee offices at the
Ceuta and Melilla border posts to process asylum applications in situ.
16.
Regarding the fight against torture, the delegation recalled that the Ombudsman
performed the function of a national preventive mechanism and that, in the context of the
ongoing reform of the Criminal Procedure Law, increased safeguards against torture and illtreatment had been incorporated.
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