UN resuspended to Spain on civil and political rights
UN resuspended to Spain on civil and political rights
They have released the concluding observations of the Human Rights Council adopted on July 20, 2015, after consideration of the sixth periodic report of Spain on the implementation in our country of the International Covenant on Civil and Political Rights.
The Committee, composed of independent persons eighteen experts from the five regions of the world, noted the lack of progress in Spain in implementing the recommendations made to it in 2008, during the consideration of the fifth periodic report of Spain and made thesse Recommendations:
Internal applicability of the Covenant
Spain must ensure full compliance in national law, the obligations under the Covenant. To that end, you should take appropriate measures, including legislative measures if they are necessary to ensure the full implementation of the Covenant. The Committee reiterates its previous recommendation (CCPR / C / ESP / CO / 5, para. 8) in order to follow up the opinions of the Committee under the Optional Protocol.
Second Human Rights Plan
Spain should accelerate the adoption of the second plan for human rights, and ensure that the plan adequately addresses relevant and effective issues raised by civil society, the Committee and other human rights mechanisms. Spain must also ensure that, once approved, the plan is effectively implemented, inter alia through the allocation of adequate human and material and the establishment of mechanisms for monitoring and accountability resources.
Elimination of Racial and Ethnic Discrimination
Spain must provide to the Council for the Elimination of Racial or Ethnic necessary financial resources to enable it to fulfill its mandate effectively and independently Discrimination. It should also speed up the appointment of the president and take all necessary measures to ensure the independence of the Council measures.
Use ethnic profiling
Spain must fight effectively and eliminate the use of ethnic profiling by police and officials responsible for law enforcement, inter alia, with increased training for these agents on cultural sensitivity and the inadmissibility of the use of ethnic profiling. You should also investigate misconduct on grounds of ethnic discrimination and bring those responsible to justice.
No discrimination
Spain must ensure equal treatment to all people within its territory and subject to its jurisdiction, regardless of their national or ethnic origin. It should also strengthen measures to prevent immigrants, foreigners and ethnic minorities, including Roma, are discriminated against in access to housing, employment, education, equal pay and health care.
People with disabilities
Spain must ensure that all procedures are followed to obtain the full and informed consent of persons with disabilities in the practice of sterilization in health centers consent. In this regard, it should provide special training for health personnel in order to raise awareness of the harmful effects and scope of forced sterilization.
gender equality
Spain violates the UN recommendations on gender equality. In this regard must ensure the increased participation of women in the public and private sectors and, if necessary, special measures appropriate to give effect to the provisions of the Covenant temporary. You should also take concrete measures to reduce the pay gap that still exists between women and men and to examine all the causes that are grown that disparity.
Gender and domestic violence
Spain must continue to intensify their efforts to combat violence against women and girls and, in particular, to increase the measures to protect women of Roma origin, to ensure that they have effective access to complaints mechanisms. Must continue to facilitate access to existing advisory services and support for women victims of violence, especially vulnerable and marginalized, and investigate allegations of such violence, prosecute and, if convicted, to punish those responsible .
Abortion
Spain must ensure that all women and girls can access reproductive health services in all regions of the country and no legal barriers force women to resort to clandestine abortion puts their lives and health at risk. It should also continue its efforts in programs of formal education (in schools) and informal (through the media and other forms of communication) about the importance of contraceptive use and sexual rights to health and reproductive, and ensure its implementation.
Ill-treatment and excessive use of force by police
Spain should:
a) Strengthen its efforts to prevent and eliminate torture and ill-treatment, among other things, strengthening the human rights training of law enforcement and security, in light of international standards in this area;
b) Establish independent complaint bodies to deal with complaints of police ill-treatment;
c) Ensure that all allegations of torture or ill-treatment are investigated promptly, thoroughly and independently and that those responsible for such acts to justice;
d) Ensure that victims receive adequate reparation, including health services and rehabilitation;
e) Ensure that the forensic examination of alleged cases of torture and ill-treatment by state agents are impartial, thorough and carried out in accordance with the Istanbul Protocol;
f) Prohibit in its law granting pardons to those convicted for the crime of torture; Y
g) Ensure the use of recording interrogations in police custody and other places of detention in respect of all detainees.
Centers for Foreigners
Spain must take all necessary measures to avoid the recurrent use of detention of asylum seekers, and ensure that the detention of foreigners is always reasonable, necessary and proportionate in view of their individual circumstances; that detention is used for the shortest period of time and only if they have been duly examined and considered inappropriate existing alternatives. It must also take all necessary measures to ensure that all allegations of torture or ill-treatment are investigated promptly, thoroughly and independently and that those responsible be brought to justice.
Conditions of detention
Spain must ensure that it is available in all centers (including CIE) sanitary facilities, in accordance with Article 10 of the Covenant and the UN Standard Minimum Rules for the Treatment of Prisoners.
Incommunicado detainee
The Committee reiterates its previous recommendations (CCPR / C / ESP / CO / 5, para. 14) and recommended again that the necessary legislative steps are taken to eliminate incommunicado detention and all detainees be granted the right to a doctor and to free choice of a lawyer who may consult fully confidential and that may be present during interrogations.
Expulsion of asylum seekers
Spain should review the Public Safety Act, Law No. 4/2015 and ensure that all persons seeking international protection have access to fair procedures for individualized assessment and protection against refoulement without discrimination, have access to independent mechanism with authority to suspend negative decisions.
Ill-treatment and excessive use of force in operations expulsion of asylum seekers and undocumented migrants
Spain must take all appropriate measures to ensure that immigrants are not subjected to ill-treatment during deportation and expulsion measures. It should also take steps to ensure that foreign authorities (Morocco) do not commit human rights violations in Spanish territory and the police and border personnel receive appropriate training regarding the use of force in interactions with immigrants, ensure that any excessive use of force is investigated and the perpetrators punished when necessary. It should also conduct a thorough and effective investigation into the events in El Tarajal (Ceuta) and, if necessary, prosecute those responsible and provide adequate reparation to the victims.
Private Security Act
The subordination of private to public safety and access to justice and effective mechanisms for victims of acts committed by private security officers must ensure repair. Spain must also ensure the training of private security agents on human rights.
Human rights violations of the past
The Committee reiterates its recommendation to the effect that the amnesty law repeal or amend it to make it fully compatible with the Covenant. The State party should actively pursue investigations on all violations of human rights in the past. Spain must ensure that in these investigations the perpetrators are identified, they are prosecute and impose appropriate penalties are proportionate to the gravity of the crimes and sanctions reparations to victims. Spain should also revise its legislation on the search, exhumation and identification of missing persons and, in this regard, are encouraged to implement the recommendations of the Committee on Enforced Disappearances in its recent concluding observations (CED / C / ESP / CO / 1, para. 32). Likewise, Spain must establish a national legal framework for files, and enable the opening of files based on clear and public criteria, in accordance with the rights guaranteed by the Covenant.
Trafficking
Spain must continue to investigate systematically and aggressively allegations of trafficking, prosecute those responsible and, if convicted, punish and provide full reparation to the victims. It should also strengthen its measures to support and protect victims and witnesses, including rehabilitation measures.
Unaccompanied minors
Spain must establish a standard for determining the age of unaccompanied children and ensure that the procedures for age determination is carried out with insurance and scientific methods, respecting the sensitivity of children protocol, avoiding any risk of violation the physical integrity of the child. Likewise, Spain must ensure that the best interests of the child are taken into due account in all decisions concerning unaccompanied children.
Double criminal court and gag
In light of the above recommendations of the Committee (CCPR / C / ESP / CO / 5, para. 17 and 18), Spain must accelerate the process of reform of the Law of Criminal Procedure and ensure that it guarantees the full implementation of article Covenant 14 (restricting the confidentiality of judicial and guarantee the right of every person convicted of a crime to have the conviction and sentence will be imposed by a higher court).
Public Safety Act
Spain must ensure full enjoyment of the rights to freedom of expression, association and peaceful assembly attending every individual and ensure that restrictions on the exercise of these rights meet the strict conditions stated in the Covenant, as interpreted contained in General Comment No. 34 (2011) of the Committee on freedom of opinion and freedom of expression, and Articles 21 and 22, paragraph 2, of the Covenant. Spain should review the Public Safety Act, Law No. 4/2015 and subsequent amendments to the Criminal Code, in consultation with all stakeholders, in order to ensure strict compliance with the Pact.
Dissemination of information about the Covenant
Spain should disseminate these concluding observations to be made more aware of the judicial, legislative and administrative authorities, civil society and non-governmental organizations operating in the country as well as the general population.
Spain should provide, within one year, relevant information on the implementation of the Committee's recommendations contained in paragraphs on "Ill-treatment and excessive use of force by police officers"), "Human Rights Violations last "and" Unaccompanied Minors ".
In its next periodic report, to be submitted no later than July 24, 2020, Spain should provide specific and updated information on all its recommendations and on the Covenant as a whole. In preparing its seventh periodic report, should consult widely with civil society and NGOs.
UN resuspended to Spain on civil and political rights
Human Rights Committee of the UN notes the lack of progress in Spain in the implementation of the recommendations made to it in 2008.
They have released the concluding observations of the Human Rights Council adopted on July 20, 2015, after consideration of the sixth periodic report of Spain on the implementation in our country of the International Covenant on Civil and Political Rights.
The Committee, composed of independent persons eighteen experts from the five regions of the world, noted the lack of progress in Spain in implementing the recommendations made to it in 2008, during the consideration of the fifth periodic report of Spain and made the following Recommendations:
Internal applicability of the Covenant
Spain must ensure full compliance in national law, the obligations under the Covenant. To that end, you should take appropriate measures, including legislative measures if they are necessary to ensure the full implementation of the Covenant. The Committee reiterates its previous recommendation (CCPR / C / ESP / CO / 5, para. 8) in order to follow up the opinions of the Committee under the Optional Protocol.
Second Human Rights Plan
Spain should accelerate the adoption of the second plan for human rights, and ensure that the plan adequately addresses relevant and effective issues raised by civil society, the Committee and other human rights mechanisms. Spain must also ensure that, once approved, the plan is effectively implemented, inter alia through the allocation of adequate human and material and the establishment of mechanisms for monitoring and accountability resources.
Elimination of Racial and Ethnic Discrimination
Spain must provide to the Council for the Elimination of Racial or Ethnic necessary financial resources to enable it to fulfill its mandate effectively and independently Discrimination. It should also speed up the appointment of the president and take all necessary measures to ensure the independence of the Council measures.
Use ethnic profiling
Spain must fight effectively and eliminate the use of ethnic profiling by police and officials responsible for law enforcement, inter alia, with increased training for these agents on cultural sensitivity and the inadmissibility of the use of ethnic profiling. You should also investigate misconduct on grounds of ethnic discrimination and bring those responsible to justice.
No discrimination
Spain must ensure equal treatment to all people within its territory and subject to its jurisdiction, regardless of their national or ethnic origin. It should also strengthen measures to prevent immigrants, foreigners and ethnic minorities, including Roma, are discriminated against in access to housing, employment, education, equal pay and health care.
People with disabilities
Spain must ensure that all procedures are followed to obtain the full and informed consent of persons with disabilities in the practice of sterilization in health centers consent. In this regard, it should provide special training for health personnel in order to raise awareness of the harmful effects and scope of forced sterilization.
gender equality
Spain violates the UN recommendations on gender equality. In this regard must ensure the increased participation of women in the public and private sectors and, if necessary, special measures appropriate to give effect to the provisions of the Covenant temporary. You should also take concrete measures to reduce the pay gap that still exists between women and men and to examine all the causes that are grown that disparity.
Gender and domestic violence
Spain must continue to intensify their efforts to combat violence against women and girls and, in particular, to increase the measures to protect women of Roma origin, to ensure that they have effective access to complaints mechanisms. Must continue to facilitate access to existing advisory services and support for women victims of violence, especially vulnerable and marginalized, and investigate allegations of such violence, prosecute and, if convicted, to punish those responsible .
Abortion
Spain must ensure that all women and girls can access reproductive health services in all regions of the country and no legal barriers force women to resort to clandestine abortion puts their lives and health at risk. It should also continue its efforts in programs of formal education (in schools) and informal (through the media and other forms of communication) about the importance of contraceptive use and sexual rights to health and reproductive, and ensure its implementation.
Ill-treatment and excessive use of force by police
Spain should:
a) Strengthen its efforts to prevent and eliminate torture and ill-treatment, among other things, strengthening the human rights training of law enforcement and security, in light of international standards in this area;
b) Establish independent complaint bodies to deal with complaints of police ill-treatment;
c) Ensure that all allegations of torture or ill-treatment are investigated promptly, thoroughly and independently and that those responsible for such acts to justice;
d) Ensure that victims receive adequate reparation, including health services and rehabilitation;
e) Ensure that the forensic examination of alleged cases of torture and ill-treatment by state agents are impartial, thorough and carried out in accordance with the Istanbul Protocol;
f) Prohibit in its law granting pardons to those convicted for the crime of torture; Y
g) Ensure the use of recording interrogations in police custody and other places of detention in respect of all detainees.
Centers for Foreigners
Spain must take all necessary measures to avoid the recurrent use of detention of asylum seekers, and ensure that the detention of foreigners is always reasonable, necessary and proportionate in view of their individual circumstances; that detention is used for the shortest period of time and only if they have been duly examined and considered inappropriate existing alternatives. It must also take all necessary measures to ensure that all allegations of torture or ill-treatment are investigated promptly, thoroughly and independently and that those responsible be brought to justice.
Conditions of detention
Spain must ensure that it is available in all centers (including CIE) sanitary facilities, in accordance with Article 10 of the Covenant and the UN Standard Minimum Rules for the Treatment of Prisoners.
Incommunicado detainee
The Committee reiterates its previous recommendations (CCPR / C / ESP / CO / 5, para. 14) and recommended again that the necessary legislative steps are taken to eliminate incommunicado detention and all detainees be granted the right to a doctor and to free choice of a lawyer who may consult fully confidential and that may be present during interrogations.
Expulsion of asylum seekers
Spain should review the Public Safety Act, Law No. 4/2015 and ensure that all persons seeking international protection have access to fair procedures for individualized assessment and protection against refoulement without discrimination, have access to independent mechanism with authority to suspend negative decisions.
Ill-treatment and excessive use of force in operations expulsion of asylum seekers and undocumented migrants
Spain must take all appropriate measures to ensure that immigrants are not subjected to ill-treatment during deportation and expulsion measures. It should also take steps to ensure that foreign authorities (Morocco) do not commit human rights violations in Spanish territory and the police and border personnel receive appropriate training regarding the use of force in interactions with immigrants, ensure that any excessive use of force is investigated and the perpetrators punished when necessary. It should also conduct a thorough and effective investigation into the events in El Tarajal (Ceuta) and, if necessary, prosecute those responsible and provide adequate reparation to the victims.
Private Security Act
The subordination of private to public safety and access to justice and effective mechanisms for victims of acts committed by private security officers must ensure repair. Spain must also ensure the training of private security agents on human rights.
Human rights violations of the past
The Committee reiterates its recommendation to the effect that the amnesty law repeal or amend it to make it fully compatible with the Covenant. The State party should actively pursue investigations on all violations of human rights in the past. Spain must ensure that in these investigations the perpetrators are identified, they are prosecute and impose appropriate penalties are proportionate to the gravity of the crimes and sanctions reparations to victims. Spain should also revise its legislation on the search, exhumation and identification of missing persons and, in this regard, are encouraged to implement the recommendations of the Committee on Enforced Disappearances in its recent concluding observations (CED / C / ESP / CO / 1, para. 32). Likewise, Spain must establish a national legal framework for files, and enable the opening of files based on clear and public criteria, in accordance with the rights guaranteed by the Covenant.
Trafficking
Spain must continue to investigate systematically and aggressively allegations of trafficking, prosecute those responsible and, if convicted, punish and provide full reparation to the victims. It should also strengthen its measures to support and protect victims and witnesses, including rehabilitation measures.
Unaccompanied minors
Spain must establish a standard for determining the age of unaccompanied children and ensure that the procedures for age determination is carried out with insurance and scientific methods, respecting the sensitivity of children protocol, avoiding any risk of violation the physical integrity of the child. Likewise, Spain must ensure that the best interests of the child are taken into due account in all decisions concerning unaccompanied children.
Double criminal court and gag
In light of the above recommendations of the Committee (CCPR / C / ESP / CO / 5, para. 17 and 18), Spain must accelerate the process of reform of the Law of Criminal Procedure and ensure that it guarantees the full implementation of article Covenant 14 (restricting the confidentiality of judicial and guarantee the right of every person convicted of a crime to have the conviction and sentence will be imposed by a higher court).
Public Safety Act
Spain must ensure full enjoyment of the rights to freedom of expression, association and peaceful assembly attending every individual and ensure that restrictions on the exercise of these rights meet the strict conditions stated in the Covenant, as interpreted contained in General Comment No. 34 (2011) of the Committee on freedom of opinion and freedom of expression, and Articles 21 and 22, paragraph 2, of the Covenant. Spain should review the Public Safety Act, Law No. 4/2015 and subsequent amendments to the Criminal Code, in consultation with all stakeholders, in order to ensure strict compliance with the Pact.
Dissemination of information about the Covenant
Spain should disseminate these concluding observations to be made more aware of the judicial, legislative and administrative authorities, civil society and non-governmental organizations operating in the country as well as the general population.
Spain should provide, within one year, relevant information on the implementation of the Committee's recommendations contained in paragraphs on "Ill-treatment and excessive use of force by police officers"), "Human Rights Violations last "and" Unaccompanied Minors ".
In its next periodic report, to be submitted no later than July 24, 2020, Spain should provide specific and updated information on all its recommendations and on the Covenant as a whole. In preparing its seventh periodic report, should consult widely with civil society and NGOs.