A/HRC/44/7
73.
Switzerland welcomed measures taken to ensure gender equality. It was concerned
about some restrictions on the rights to freedom of expression, peaceful assembly and
association and noted remaining challenges from the Franco era.
74.
Thailand noted efforts made to strengthen cooperation in the area of migration.
75.
Timor-Leste noted the efforts made to promote and protect the rights of women.
76.
Togo noted the adoption of a national action plan on business and human rights.
77.
Tunisia welcomed the adoption of human rights legislation and the institutional
framework for combating trafficking in persons.
78.
Turkey noted efforts made to combat discrimination and racism and to improve the
living conditions of migrants, refugees and asylum seekers.
79.
Turkmenistan noted the efforts to adopt the second national human rights action plan
and achievements in promoting the rights of children and persons with disabilities.
80.
Ukraine noted improvements in various areas, including combating trafficking in
persons, hate crime and discrimination.
81.
The United Kingdom noted steps taken to protect the rights of women and to tackle
gender-based violence.
82.
The United States of America commended Spain for its continued commitment to
protect human rights.
83.
Uruguay encouraged Spain to adopt legislation to guarantee the rights of minorities,
especially migrants.
84.
Spain indicated that the second national human rights plan had been delayed because
of political circumstances. However, Spain remained firmly committed. The plan was
expected to include provision for a coordination body and human rights indicators.
Meanwhile, coordination of international human rights commitments had been assumed by
the Human Rights Office of the Ministry of Foreign Affairs, the European Union and
Cooperation.
85.
Spanish legislation guaranteed the rights of migrants. Any decision on the
ratification of the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families needed to be coordinated within the European
Union. No European Union member State had ratified the Convention to date.
86.
The procedures for expulsion, return and refusal of entry were carried out in full
respect of the legal system of Spain, including the conventions that Spain had ratified. The
act on asylum set out that applicants for international protection were to be provided with
necessary social, legal and medical services, which also applied in Ceuta and Melilla. The
number of asylum seekers had multiplied by more than 20 times between 2014 and 2019.
87.
The prison system in Spain allowed for solitary confinement only for the most
serious offences and limited its application to 14 days. Any solitary confinement exceeding
that period, owing to the consecutive enforcement of several sanctions, must be approved
by the prison supervision court. Any allegation of torture was immediately recorded and
gave rise to an investigation by the internal police inspection units, and could also result in
a judicial procedure.
88.
The 1983 organic law on the right of assembly guaranteed the right to demonstrate.
The minimum notification periods were very short, such that almost spontaneous
demonstrations were possible. The police could intervene in a public assembly only when
an assembly was no longer peaceful and was endangering the physical integrity of people
or things.
89.
In the final version of the organic law on the protection of citizens’ security, generic
terms, such as security of citizens or public order, had been replaced with factual
descriptions to better set the limits of police action. Spain had few laws governing freedom
of expression, which favoured a broad and free exercise of that right. In 40 years, Spain had
been condemned in only eight cases regarding freedom of expression brought before the
European Court of Human Rights.
6
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