| For a summary of Spain’s review at the first cycle please click here. |
21th UPR session
Date of review: 21 January 2015
Date of report adoption: 13 April 2015
Document number: A/HRC/29/8
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SUMMARY SOGIESC issues during Spain’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Right to privacy, marriage and family life
41. Fundación Triángulo (FT) considered that the Civil Registry Act contained provisions that were detrimental to the rights of members of the LGBTI community. In particular, FT referred to: the discrimination experienced by female partners of lesbian mothers in cases involving the establishment of maternity; the requirements governing sex changes in the civil registry; and the fact that persons born with an intersex condition continued to be classified as either “male” or “female” in the civil registry. FT recommended that the legislation on the civil registry be amended to reflect the equal status of heterosexual and same-sex marriages regarding the establishment of maternity; steps be taken to enable individuals to freely change their sex in the civil registry; and individuals not necessarily self-identifying as either male or female be allowed to register while in the process of developing their gender identity.
Right to health
62. FT stated that, as of July 2013, the Ministry of Health had denied persons unable to conceive owing to the lack of a male partner access to assisted reproductive techniques included in the basic portfolio of services. In the view of FT, that regulation constituted discrimination on the basis of sexual orientation and civil status. FT recommended that the State reinstate the right of lesbians and single women to access assisted reproduction techniques offered by the national health system.
63. Furthermore, FT reported that medical treatment related to transsexuality was not specifically covered in the basic portfolio of services of the social security system and recommended that it be included, given that complete coverage was offered only in a few Autonomous Communities.
Right to education
71. FT pointed out that transsexual minors were frequently prevented from openly displaying their gender identity in the education system, leading to a high rate of school dropout, suicide attempts and instances of minors running away from home and living on the fringe of society.
II. Excerpts on SOGIESC issues from the national report
29. One of the objectives of policies in this area in recent years has been to strengthen domestic law to ensure better protection for groups who are discriminated against on grounds of ethnicity, national origin, gender, sexual orientation or identity, disability, religion or beliefs and political or ideological views. To this end, acts of incitement to hatred and violence against groups or minorities are being reviewed as part of the aforementioned ongoing Criminal Code reform.20 The Consolidated Act on the Rights of Persons with Disabilities and their Social Integration contains definitions of direct, indirect and multiple discrimination and of discrimination by association or harassment.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
78. The United States of America commended the promotion of the rights of lesbian, gay, bisexual and transgender people (LGBT), efforts to fight trafficking in persons and steps taken towards Roma inclusion.
86. Australia encouraged Spain to implement its second Human Rights Plan. Australia welcomed the support of Spain for its LGBT community and acknowledged the challenges of reconciling border security, immigration policies and human rights obligations.
127. The delegation recalled some of the foreign policy priorities of Spain in the area of human rights: the fight against the death penalty and the promotion of a universal moratorium as a first step towards abolition; the fight against gender-based discrimination and discrimination based on sexual orientation; the human right to water and sanitation; the rights of persons with disabilities; business and human rights; and human rights defenders.
V. Conclusions and/or recommendations
Spain did not receive any recommendations on SOGIESC issues.
VI. Further information
You will find all documents relating to Spain’s second review at UPR-Info and OHCHR’s websites.