Recommendations
General recommendations for adherence to international agreements and conventions
- Ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
General recommendations for adjustments to the legislative framework
- Adopt comprehensive equality and non-discrimination legislation that also applies to noncitizens.
- Amend Article 22.4 of the Spanish Penal Code so that anti-Gypsy conduct is considered an aggravating circumstance for any crime.
- Amend the Spanish Criminal Code to bring it into line with ECRI General Policy Recommendation No. 7 on national legislation against racism and racial discrimination. The most important aspects are the inclusion of the grounds of color, language, nationality and gender identity in all relevant articles, the criminalization of groups that promote racism, and the criminalization of any racial discrimination in the line of duty (such as in the exercise of police functions, such as identity checks).
- Define "ideology" in Article 510 of the Penal Code as a sign of discrimination.
General recommendations for the executive branch in the field of law enforcement, public safety and human rights
- Include questions about ethnicity in the census for disaggregated data. This is necessary to have reliable information to implement effective policies and measures to protect ethnic minorities.
- Continue to strengthen the Council on the Elimination of Racial and Ethnic Discrimination and ensure its independence. Alternatively, establish an independent equality body.
- Work to increase reporting of hate crimes and hate-motivated incidents. In this sense, continue training for law enforcement and other relevant actors, and disseminate information on legislation, measures and available resources on combating discrimination and hate crime.
- End the practice of racial and ethnic profiling in identity checks by law enforcement and improve the criteria for conducting identity checks.
- Liquidate detention centers for migrants and asylum seekers. In their operation, ensure that the conditions and resources of detainees are improved, and that detention rules are respected.
- Eradicate the practice of age-assessment tests to determine the age of unaccompanied migrant children. Develop a protocol on methods and procedures for determining age, when necessary, that is fully consistent with human rights and the rights of the child."
- Stop illegal expulsions of immigrants at Spain's southern border and enforce human rights standards.
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