A/HRC/15/60
abuses with an effective remedy, including justice, truth and adequate reparation. Recalling
2008 Human Rights Committee recommendations, Human Rights Watch called upon Spain
to repeal the 1977 amnesty law.
370. Action Canada for Population and Development noted with appreciation that Spain
had adopted a law on reproductive health and the voluntary interruption of pregnancy. It
observed, however, the existence of a number of shortcomings and requested, inter alia, that
(a) in accordance with international standards, guidelines and recommendations issued
regarding the prevention and treatment of HIV no longer included the requirement that
pregnant women be tested; (b) the multi-sector plan on HIV/AIDS be evaluated, based on a
gender perspective; (c) the State and local governments investigate existing conditions, on
the basis of HIV status, of women victims of domestic violence who sought access to safe
homes and who were required to undergo HIV testing; and (d) sexual education with a
focus on reproductive rights be guaranteed throughout the territory.
371. Rencontre africaine pour la défense des droits de l’homme noted with satisfaction
the efforts made by Spain to improve the institutional and normative framework for the
protection of human rights, the ratification of most international human rights instruments,
its cooperation with special procedures and its engagement to reach the 0.7 per cent of GNP
allocated to development aid. It encouraged Spain to protect non-accompanied immigrant
children, to harmonize the anti-terrorist law with human rights standards, to revise the
agreement of readmission ratified by African States in order to guarantee respect of human
rights, to create a national commission to fight racial discrimination, to define torture in the
penal code in accordance with the Convention against Torture and to fight against the
violent treatment of women.
372. The Islamic Human Rights Commission highlighted its concern that Spain allowed
local councils to regulate the dress code of their Muslim women citizens by banning the use
of the Burqa and full-face veils in all non-religious places or events. It added that this
practice gave local councils free reign to target Muslims without the intervention of
Congress. It also noted that no causal link existed between security risks and the wearing of
a Burqa or veil, and that the European Court of Human Rights had held that freedom of
expression included forms of expression that “offend, shock or disturb the State or any
section of the population”. It requested that Spain lift the ban and take necessary measures
to safeguard the religious rights of Muslim citizens.
373. In a joint statement, the European Region of the Lesbian and Gay Association
(ILGA-Europe) and Federatie van Nederlandse Verenigingen tot Integratie Van
Homoseksualiteit (COC Nederland) commended Spain for training police and prison staff
on the rights of persons of minority sexual orientation or gender identity, as recommended
by the Czech Republic. ILGA-Europe and COC Nederland asked Spain to provide
information about measures envisaged to implement this recommendation and to include
civil society in training. They encouraged Spain to implement, as suggested by Sweden,
legislation granting refugee status on the basis of fear of persecution based on gender or
sexual orientation. They acknowledged the positive steps taken by Spain to counter
discrimination on the basis of sexual orientation, and encouraged it to share best practices
in this field and to consider applying the Yogyakarta Principles as a guide to assist in policy
development.
374. The Charitable Institute for Protecting Social Victims observed that discrimination
against women in the workplace persisted, noting that unemployment was approximately
twice that of men and that the average salary for women was 30 per cent lower than that of
men. It added that the Roma minority in Spain in particular faced discrimination with
regard to housing, education and employment. Muslims were also faced with multiple
forms of discrimination. In conclusion, it urged Spain to take further measures to provide
police and prison officials with human rights training focusing on the rights of women,
138
GE.11-17043
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