| For a summary of Spain’s review at the second cycle please click here. |
8th UPR session
Date of review: 5 May 2010
Date of report adoption: 16 June 2010
Document number: A/HRC/15/6
|
SUMMARY SOGIESC issues during Spain’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Right to privacy, marriage and family life
27. JS1 reports that Spanish Act 3/2007, which regulates the rectification of register entries relating to a person’s gender, was a step forward in that it simplified formalities for name or gender changes in the Civil Register and eliminated the requirement for sex reassignment surgery in order to change a register entry. JS1 points out, in connection with sex changes, that it is necessary for persons to have reached the age of majority for the purpose of rectifying a register entry or any other kind of intervention, and it makes reference to a case brought before the courts.
28. JS1 reports that, according to lesbian, gay, bisexual and transgender (LGBT) communities, there is still no comprehensive national legislation on transsexuality regulating gender identity as such, as well as its implications with regard to health, employment, a person’s official documents, transphobia or respect for diversity in the education system.
Right to social security and to an adequate standard of living
34. JS1 reports that only pregnant women or women planning to conceive are obliged to take HIV tests, which constitutes a violation of the right of women to patient autonomy. The provision of comprehensive health care for transsexuals under the Spanish national health system remains an outstanding issue. JS1 notes that having HIV-positive status restricts a woman’s access to refuges for women who have suffered gender-based violence.
II. Excerpts on SOGIESC issues from the national report
IV. PROTECTION AND PROMOTION OF HUMAN RIGHTS IN SPAIN
C. Asylum and refugee policy
21. Asylum and refugee policy is governed by Act No. 12/2009 on the right of asylum and subsidiary protection, which incorporates relevant community standards (e.g. Council directives 2004/83/EC and 2005/85/EC), implying the full integration of the so-called phase one of the common European asylum system into the Spanish legal system. At the national level, the Act introduces a number of provisions that are compatible with European regulations and reflect an intention to use the Act as an effective instrument for guaranteeing the international protection of those persons who are under its jurisdiction and for strengthening the relevant institutions. The Office of the United Nations High Commissioner for Refugees (UNHCR) is expected to play a prominent role in this area, and a legal framework is being established for the adoption of resettlement programmes, in cooperation with the international community, as part of the search for lasting solutions to refugee issues. It should be noted that the Act enables refugee status to be extended to foreign women fleeing their countries of origin because of a well-founded fear of being persecuted for reasons of gender, and also provides protection in the event of discrimination on grounds of sexual orientation or in circumstances prejudicial to persons with disabilities, older persons and other vulnerable persons. In addition to the said Act, other asylum system guarantees have been strengthened.
E. Efforts to combat racism and xenophobia
28. The main organs that promote an integrated public policy in this area are the General Secretariat of Equality Policies, which reports to the Ministry of Equality, and the Directorate-General for the Integration of Immigrants, which reports to the Ministry of Labour and Immigration via the Racism and Xenophobia Monitoring Centre. One of the functions of the General Secretariat of Equality Policies is to coordinate the policies of the General State Administration in the area of equal treatment, equality of opportunity and the elimination of all forms of discrimination against individuals on grounds of sex, racial or ethnic origin, religion or ideology, sexual orientation, age or any other personal or social condition or circumstance, as well as the development of cooperation policies with the administrations of the autonomous communities and local entities. These functions are carried out by the Directorate-General against Discrimination.
F. Equality between men and women, and non-discrimination on grounds of sexual orientation
36. Spain’s general constitutional framework fully reflects the principle of equal treatment and non-discrimination. The Spanish Constitution provides that equality is a higher value of the legal system to be guaranteed by the authorities (article 1.1, and more specifically article 14). Similarly, article 9.2 requires the authorities to remove obstacles and promote the conditions required for equality to be real and effective. The Ministry of Equality is responsible for promoting equality policies. In June 2008 and March 2009, the European Union Agency for Fundamental Rights released a report on discrimination based on sexual orientation in Europe, in which Spain was held up as a model of best practices both in terms of legislation (cf. Act No. 13/2005 allowing marriage between persons of the same sex, and Act No. 3/2007 on gender identity) and institutionally, taking into consideration the involvement and participation of the lesbian, gay, bisexual and transgender community through their activities in support of their demands.
51. Spain is firmly committed to combating all forms of discrimination and, in particular, discrimination on the grounds of sexual orientation and gender identity. That being so, and within the context of the principle of equality enshrined in article 1.1 and more specifically article 14 of the Constitution, Parliament adopted Act No. 13/2005 and Act No. 3/2007, amending the Civil Code in relation to the right to marry, so as to allow marriage between persons of the same sex, with the same rights and duties, including the right to adoption.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
8. There have also been important improvements in domestic legislation, such as the recent adoption of several legal instruments, including the law against gender violence (2004), the reform of the Civil Code to permit same-sex marriage (2005), the organic law for effective gender equality (2007) and the law on personal autonomy and attention to persons in a dependency situation (2006).
20. Colombia […] expressed its gratitude for the progress made by Spain in its fight against discrimination and in respecting the rights of same-sex couples. It welcomed the implementation of a plan to prevent gender-based violence among the foreign immigrant population.
35. Uruguay praised Spain’s adoption of the National Plan on Human Rights and its periodic evaluation, as well as the country’s good practices in preventing discrimination based on sexual orientation.
62. Sweden raised questions about measures taken to reinforce the implementation of existing legislation to combat domestic violence, and about measures whereby it would implement legislation granting refugee status on the basis of mistreatment based on gender or sexual orientation, in order to address concerns that that legislation might have adverse effects in terms of limiting individuals’ right to apply for asylum.
V. Conclusions and/or recommendations
Spain accepted the following recommendations:
84.2. Adopt further measures to provide members of the police, prison and judicial staff with human rights training with specifically focused on protection of human rights of women, children, ethnic or national minorities, and also of persons of minority sexual orientation or gender identity (Czech Republic).
VI. Further information
You will find all documents relating to Spain’s first review at UPR-Info and OHCHR’s websites.