Discriminatory Practices Against Minorities
In a 2018 verdict, Spain's Supreme Court ruled that firing a Muslim woman for using a veil at work was lawful and therefore not discriminatory. The court found that the company's decision to ban the veil met occupational safety and health requirements, which was viewed by the Muslim community as a mockery of Islam.The court found that the company's decision to ban the wearing of the veil met occupational safety and health requirements, which was seen as a mockery of Islam.
It is worth noting the official memo (Circular 7/2019 ) adopted by the Spanish prosecutor in May 2019, which provides guidelines for the interpretation of hate crimes under Article 510 of the Penal Code. As explained above, discrimination on ideological grounds is included in Article 22.4 as an aggravating circumstance, as well as in Article 510 as one of the discriminatory grounds.
This memo has alarmed many human rights organizations because it asserts that any ideology is protected without regard to the moral ethics of that ideology. It argues that attacking someone committed to a Nazi ideology or inciting hatred against such a group can also be considered a hate crime. This has been criticized by many organizations. Another important aspect of the memo is that it emphasizes the importance of proving an individual's intent at the time of the communication, which could be considered hate speech.The memo also emphasizes the importance of proving an individual's intent at the time of transmission.
In 2019, the country approved the current National Counterterrorism Strategy, which will run through 2023, replacing the previous 2012 Strategy. The plan was made public for the first time, a welcome step in terms of transparency, and which was made to encourage public participation. The new strategy is in line with the European counterterrorism framework and consists of four pillars: prevention, protection of citizens, prosecution and investigation, and response to terrorist attacks. It pays special attention to the return to Spain of former ISIS and al-Qaida fighters. As part of this strategy, a Strategic National Plan to Prevent and Combat Violent Radicalization and a Strategic National Plan to Combat the Financing of Terrorism were approved in 2020.
At the same time, the application of anti-terrorism legislation raises many concerns. First, the very notion of terrorism has been criticized for being too broad. Some lawyers and human rights activists have warned that it is a form of "preventive" justice, and have pointed to an ambiguous definition of terrorism and restrictions that are considered disproportionate. Similarly, some preventive measures, such as radicalization detection protocols in schools, have raised serious concerns about their impact on stigmatizing Muslims and religious practices.
On the other hand, anti-terrorism provisions have been used to restrict free speech. In recent years, there have been cases in which musicians and social media users have been prosecuted - and some have been sentenced to prison - for satirical tweets or songs on charges of glorifying terrorism and humiliating victims of terrorism. In addition, it is alarming that the focus is on violent jihadism, ignoring the threat of right-wing terrorism.
It is also alarming that the focus is on violent jihadism, ignoring the threat of right-wing terrorism.
