SPAIN: Children's Rights in UN Treaty Body Reports

Summary: This report extracts mentions of children's rights issues in the Concluding Observations of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp

Please note that the language may have been edited in places for the purposes of clarity.

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UN Human Rights Committee

CCPR/C/ESP/CO/5

Last reported: 20 -21 October 2008
Concluding Observations adopted: 30 October 2008

Concerns raised:

The repatriation of unaccompanied children arriving in Spanish territory, and attention not being paid to the best interests of the child. The children were also allegedly ill-treated in reception centres and sometimes detained without being given access to a lawyer. The Committee urges the State to respect the rights of these children. The Committee requests the State party to ensure that free legal assistance is given to these children if they are detained, and that a monitoring mechanism should be established in reception centres, to ensure that children are not subjected to abuse (para. 21).

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UN Human Rights Committee: follow-up

CCPR/C/ESP/CO/5/Add.2

Last reported: 6 August 2010

No specific mention of children’s rights

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UN Committee on Economic, Social and Cultural Rights

E/C.12/ESP/CO/5

Last Reported: 7-8 May 2012

Concluding Observations adopted: 18 May 2012

Issues raised and recommendations given: 

Effects of austerity measures: Protection for the rights enshrined in the Covenant have been reduced as a result of austerity measures, especially for the poor, women, children, persons with disabilities, unemployed adults and young persons, older persons, gypsies, migrants and asylum seekers.The Committee recommends that the State party ensure that all the austerity measures adopted reflect the minimum core content of all the Covenant rights and that it take all appropriate measures to protect that core content under any circumstancesThe Committee recommends that the State party compile disaggregated statistical information with a view to identifying the individuals and groups affected and that it increase the effectiveness of its efforts to protect their economic, social and cultural rights (para. 8). 

Discrimination against immigrants and minorities: Immigrants and gypsies continue to suffer from discrimination in the enjoyment of economic, social and cultural rights, particularly in the areas of employment, housing, health and education. The Committee recommends that the State party increase the measures taken to eradicate discrimination against the immigrant population and gypsies and to penalize all forms of discriminatory practice. The Committee also recommends that the State party pass the bill on equal treatment and non-discrimination. In this regard, the Committee draws the State party’s attention to its general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights (para. 11). 

Poverty: At a time when one in four minors is living below the poverty line, family benefit payments have been drastically cut or even abolished. The Committee recommends that the State party review the reforms adopted in the context of the current economic and financial crisis to ensure that all the austerity measures introduced uphold the level of the protection attained in the realm of economic social and cultural rights and that, in all cases, such measures are temporary and proportionate and do not negatively impinge on economic, social and cultural rights (para. 18).

School drop-out: The early school leaving rate is still double the European Union average: The Committee recommends that the State party redouble its efforts to reduce the early school leaving rate, in line with the Europe 2020 strategy, adopting a strategy that addresses the socioeconomic factors which influence decisions to leave education prematurely and that prioritizes the most disadvantaged and marginalized individuals and groups (para. 26).

Education: Education has been one of the sectors most affected by cuts in the budgets of both the central Government and the autonomous communities. The Committee recommends that the State party ensure sustained and adequate levels of economic and budgetary investment in education so as to guarantee a high-quality education in conditions of equality for all boys and girls. The Committee asks the State party to include absolute and percentage figures for public expenditure on education in its next periodic report (para. 27).

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E/C.12/1/Add.99

Reported: 3-4 May 2004
Concluding Observations adopted: 14 May 2004

Issues raised and recommendations given:

Limited protection of the economic, social and cultural rights of undocumented immigrants. Whilst noting that undocumented immigrants are able to enjoy their fundamental rights, including education, the Committee is concerned that these immigrants were only able to enjoy limited protection of their economic, social and cultural rights. The Committee urges the State party to take measures to ensure the effective protection of the fundamental rights of all persons residing within its territory. The Committee also encourages the State party to promote the legalisation of undocumented immigrants so that they are able to enjoy fully their fundamental rights (paras. 7 and 24).

Vulnerable position of the Roma population: Despite programmes aimed at improving the situation of the Roma (Gitano) population, they remain in a vulnerable and marginalised situation in Spain, especially with regard to education, health and housing. The Committee encourages the State party to continue its efforts to address the situation, and to increase the involvement of Roma associations in the planning and implementation of its programmes. The Committee also requests the State party to provide information on the difficulties encountered in implementing such programmes and on the progress achieved, in its next periodic report to the Committee (paras. 9 and 26).

The high levels of unemployment, particularly among young people: The Committee recommends that the State party should continue to strengthen its programmes to reduce unemployment, including targeting the most affected groups. The Committee also recommends that the State party should take measures to make it easier for women to reconcile work and family life; and in this regard, encouraged the State party to improve childcare facilities for children under the age of 3 (paras. 12 and 29).

The lack of sufficient information available on the problems of trafficking of persons to the State party for sexual exploitation and on the measures taken in this respect. The Committee requests the State party to provide, in its fifth periodic report, detailed information on the problem of trafficking and commercial sexual exploitation of persons in the State party and on measures taken to tackle these problems (paras. 16 and 33).

Reported incidents where unaccompanied minors arriving in Spain have not been afforded adequate assistance and protection: Although the Committee notes the State party's explanation that this problem had been solved by a Memorandum of Understanding between the State party and Morocco, the Committee still requests the State party to provide more information on this matter in its next periodic report (paras. 18 and 36).

The high abortion rate among adolescent women between 15 and 19 years of age (which amounts to 13.89 per cent of the country's population in 2001). The Committee recommends that the State party should monitor closely the incidence of abortions among adolescent women and to adopt necessary measures to address this problem, and to provide information regarding this concern in its next periodic report (paras. 22 and 40).

The high rate of drug and alcohol abuse and tobacco smoking, particularly among young persons. The Committee recommends that the State party should ensure the effective implementation of programmes to prevent drug consumption, tobacco smoking and alcoholism, and to report back to the Committee on this issue in its next periodic report (paras. 23 and 41).

The Committee requests the State party to provide information on the results of the experimental programmes designed to prevent, detect and allow action to be taken in situations of child abuse which are being implemented jointly by the Ministry of Labour and Social Affairs and the Autonomous Communities (para. 35).

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UN Committee against Torture

CAT/C/ESP/CO/5

Last reported: 12-13 November 2009
Concluding Observations published: 9 December 2009

Issues raised and recommendations given:

Detention conditions: The Committee regrets the scant information provided on measures taken to address the serious concerns expressed by the Ombudsman in his 2009 report on conditions in the centres for minors with behavioural or social problems. The Committee urges the State party to take the necessary steps to ensure humane and dignified conditions in the centres for minors with behavioural or social problems (para. 20). The Committee requests the State party to provide information, within one year, in response to its recommendations regarding detention conditions (Para. 33).

Non-refoulement: Although the Committee takes note of the bilateral agreements on the assisted return of minors that Spain had signed with Morocco and Senegal, it is concerned about the absence of safeguards to ensure the identification of children needing international protection and entitlement to use the asylum procedure, in the implementation of these agreements. The Committee urges the State party to ensure that the bilateral agreements contained appropriate safeguards to ensure protection against the repatriation of child victims of trafficking, prostitution and pornography. The Committee also wishes to emphasise that children should be returned to their country of origin only if it is in their best interests (Para. 16)

Trafficking in persons. Although the Committee welcomes the adoption of the Plan to Combat Trafficking for the Purposes of Sexual Exploitation, it notes that the Plan focused more on prevention of the offence than on human rights and the protection of victims. The Committee is also concerned that the Criminal Code contained no criminal offence specifically addressing human trafficking for sexual exploitation purposes. The Committee urges the State party to include a section specifically addressing human trafficking for sexual exploitation purposes when finalising its draft Criminal Code (Para. 28).

Non-ratification of certain core UN human rights treaties: The Committee invites the State party to ratify, among other key treaties to which is was not yet party, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Para. 30).

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UN Committee against Torture

(Follow-up to the 43rd Session: November 2010)

Amnesty International Report – November 2010. Reference: EUR 41/003/2010

In its report, Amnesty International noted that the Spanish authorities had failed to implement the recommendations, in particular, two relating to children, on which the Committee asked for information within one year of the publication of its Concluding Observations.

Reviewing incommunicado detention with a view to its abolition (paras. 12 & 33 of the Concluding Observations). Amnesty International noted that, as of 5 November 2010, the Spanish authorities had not taken any legislative measures to ensure that the guarantee included in the Human Rights plan (relating to the prohibition of incommunicado detention for minors), was implemented.

Humane and dignified conditions in centres for minors with behavioural or social problems (paras. 20 & 33 of the Concluding Observations). Amnesty International was concerned that the centres were regulated by regions, some of which were applying rules contrary to international human rights standards. It was also noted that, although the Spanish authorities had adopted a Protocol on minors with behavioural disorders, this Protocol was not legally binding.

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UN Committee on the Elimination of Discrimination against Women

CEDAW/C/ESP/CO/7-8

Last reported: 8 July 2015

Concluding Observations adopted: 24 July 2015

Issues raised:

Stereotypes: The Committee welcomes the establishment of the Observatory of Women’s Image with a mandate to, inter alia, receive complaints, as well as the prohibition of various publicity campaigns that were considered sexist. However, it remains concerned at the persistence of entrenched traditional attitudes and stereotypes concerning the roles and responsibilities of women and men in the family and in society. The Committee recalls that such stereotypes are also root causes of violence against women. The Committee also reiterates its concern about the insufficient positive media portrayals and images of ethnic minority women, Roma women, migrant women and women with disabilities. The Committee also remains concerned that no measures have been taken to eliminate stereotypes in the education system, and that school curricula and textbook have not been revised. The Committee urges the State party to: (a) Put in place a comprehensive strategy with proactive and sustained measures to eliminate gender stereotypes, by reviewing the Law on Education and adopting targeted programmes in the education system, revising school textbooks and curricula, conducting awareness raising campaigns directed at women and men generally, and at media and advertisement agencies specifically; (b) Use innovative measures targeting the media to strengthen understanding of substantive equality of women and men and use the education system to enhance positive and non-stereotypical portrayals of women; and (c) Monitor and review the measures taken so as to assess their impact and to take appropriate action  (Para. 18 & 19).

Violence against women: While noting the existence of a specific law prohibiting violence against women (Organic Law 1/2004) and the development by the Ministry of Interior of the Monitoring System in cases of gender violence (VioGén System), the Committee is alarmed by the prevalence of violence against women, including sexual violence, in the State party and the high percentage of women who have died as a result of a gender-based violence in close relationships. It is particularly concerned: (a) That Organic Law 1/2004 does not cover the full range of gender-based violence, other than intimate partner violence;  (b) About the number of cases of children killed by violent fathers during the exercise of their visiting rights (20 children killed between 2008 and 2014); and (c) About the deterioration of protective services for women victims of domestic violence in different Autonomous Communities, including the limited availability of shelters for women and children. Recalling the provisions of the Convention and the General Recommendation No. 19 (1992) on violence against women, the Committee urges the State party to: (a) Revise its current national legislation on violence against women to include other forms of gender-based violence, for instance, violence by care takers, police violence and violence in public spaces, workplaces and schools; (b)Provide mandatory training for judges, prosecutors, the police and other law enforcement officials on the Convention, its Optional Protocol and the strict application of criminal law provisions on violence against women and on gender-sensitive procedures for interviewing and dealing with women victims of violence; (c) Put in place comprehensive measures to prevent and address violence against women and girls, and ensure that women and girls who are victims of violence have access to immediate means of redress and protection, and that perpetrators are prosecuted and adequately punished; (d) Encourage women to report incidents of domestic and sexual violence to the law enforcement bodies by de-stigmatizing victims and sensitizing the police and judiciary and by raising awareness about the criminal nature of such acts; (e) Provide adequate assistance and protection to women victims of violence by providing sufficient shelters, including in rural areas, and enhancing State cooperation with non-governmental organizations providing shelter and rehabilitation to victims; and (f) Collect statistical data on domestic and sexual violence disaggregated by sex, age, nationality and relationship between the victim and the perpetrator (Para. 20 & 21).

Trafficking and exploitation of prostitution: While noting the adoption of the Framework Protocol on Victims of Trafficking by the State party in 2011 and the efforts of the State party to develop strategies and improve the legal framework for the protection of and assistance to victims of trafficking, in line with paragraph 22 of the Committee’s previous concluding observations (2009), the Committee remains concerned at the prevalence of trafficking in women and girls to the State party and at the absence of comprehensive anti-trafficking legislation, as well as the failure of the State party to criminalize all forms of trafficking. It is also concerned at the limited definition of pimping which might impede the adequate prosecution of the exploitation of prostitution, as well as the limited data available to date to determinate the scale of this phenomenon. The Committee recommends that the State party:  (a) Adopt a comprehensive anti-trafficking legislation with a gender perspective and an explicit definition of trafficking in persons in accordance with international standards;  (b) Continue intensifying efforts aimed at bilateral, regional and international cooperation to prevent trafficking and prosecute traffickers; (c) Adopt a comprehensive approach to address the phenomenon of exploitation of prostitution, collect data and undertake analysis, provide sufficient shelters and crisis centres, exit and reintegration programmes, as well as alternative income generating opportunities for women who wish to leave prostitution, and take measures to reduce the demand for prostitution; and (d) Adopt a comprehensive definition of pimping to make possible an adequate prosecution of the perpetrators of exploitation of prostitution (Para. 22 & 23).

Education: The Committee is concerned that women and girls continue to choose traditionally female dominated fields of education (only 26.4% of students enrolled in engineering and architecture and 9.8% of those in sports studies are women) and that they remain underrepresented in technical and vocational education. The Committee is also concerned about the low level of school attendance and the high dropout rate among Roma girls and that in 2013, despite some positive achievements attained at the basic level of education. The Committee is also concerned that the “Education for citizenship and human rights” course was replaced with subjects on “Civil and social values” or “Ethical values” which are optional, and that currently in schools there is no mandatory comprehensive age appropriate education on sexual and reproductive health and rights. The Committee recommends that the State party: (a) Intensify its efforts aimed at providing specific training and diversifying academic and vocational choices for women and men and take further measures to encourage women and men to choose non-traditional fields of education and careers;(b) Ensure that all gender stereotypes are eliminated from textbooks; that school curricula, academic programmes and professional training for teachers cover women’s rights and promote gender equality; (c) Provide mandatory comprehensive age appropriate education on sexual and reproductive health and rights to girls and boys, as part of the regular school curricula, including about responsible sexual behaviour, prevention of early pregnancies and sexually transmitted diseases, taught by appropriately trained personnel; and (d) Take effective measures to retain Roma girls at school and increase their enrolment through temporary special measures such as scholarships and free provision of textbooks (Para. 26 & 27).

Health: The Committee is concerned: (a) That the legislative amendment of Royal Decree-Law 16/2012 excluded migrants in an irregular situation from universal health-care coverage and had a disproportionate impact on migrant women, as it deprived them of free access to sexual and reproductive health services, thus losing an opportunity to identify victims of gender-based violence and trafficking and support for victims of sexual violence;(b) That the new draft law (February 2015), which envisages making abortion for girls between 16 and 18 years dependent on the consent of parents, caretakers or legal guardians, was approved by the Lower Chamber of the Parliament (El Congreso de los Diputados); and (c) At the significant reduction of the budget for women with HIV/AIDS. The Committee recalls articles 12 and General Recommendation No. 24 (1999) on women and health, and recommends that the State party: (a) Restore universal access to health care, including by repealing the amendment of Royal Decree-Law 16/2012, with a view to ensuring health-care to all women in the State party regardless their migration status;  (b) Ensure that the draft law on the right to abortion for girls between 16 and 18 is not adopted; and (c) Ensure the provision of adequate treatment to all women living with HIV/AIDS. (e) Introduce age-appropriate education on sexual and reproductive health in school curricula and facilitate access by adolescent girls and boys to contraceptives, as well as to quality reproductive health services, assistance and counselling; (f) Strengthen enforcement of the Law on HIV Prevention and Control (2006) to address stigma and discrimination against women living with HIV and raise awareness of men, including those with risk behaviours and those living with HIV, on their role in reducing transmission of HIV to their sexual partners (Para. 30 & 31).

Refugee and asylum-seeking women: While noting the information provided by the delegation of the State party that in 48 cases refugee status was granted on the ground of gender-based persecution, according to Law 12/2009 on Asylum and Subsidiary Protection, the Committee is, however, seriously concerned, at the practice of expulsion of persons, including women and girls, crossing the border at Ceuta and Melilla, with no individual gender specific evaluation of each case. In line with the provisions of the Convention and the General Recommendation No. 32 (2014) on gender related dimensions of refugee status, asylum, nationality and statelessness of women, the Committee calls upon the State party to:  (a) Improve protection for, women and girls asylum seekers, in the Autonomous Cities of Ceuta and Melilla by ensuring that no violence is used during border controls; by ensuring access to asylum procedures for all claimants, regardless of their country of origin or mode of entry; by establishing a fair and efficient asylum procedure; and by improving reception conditions and ensuring that they are gender-sensitive; (b) Establish contingency plans and preparedness for arrivals at land and sea borders to deal with increasing mixed migration flows, while ensuring protection-sensitive entry systems that also take into account a gender and age perspective; and (c) Provide adequate treatment for women and girls asylum-seekers with specific needs and adopt a gender perspective when developing programmes for assistance (Para. 36 & 37).

Marriage and family relations: 38. While noting that the General Council of the Judiciary in its Guidelines on proceedings related to gender-based violence (2013) rejected the validity of the so-called “parental alienation syndrome” (PAS), the Committee is concerned that it continues to be used in a number of judicial decisions in the State party to withdraw child custody from the mother and to grant it to a father accused of domestic violence. The Committee is concerned that existing and upcoming legislative mechanisms do not adequately address the consideration that needs to be accorded to the existence of domestic violence within case of child custody determination. The Committee is also concerned at attempts to pass legislation that sets joint physical custody as the default rule in determining cases of child custody. The Committee recommends that the State party: (a) Ensure that visitation rights without supervision are not granted to fathers where the rights, well-being and safety of children may be jeopardised; and (b) Ensure that the legislation that sets joint physical custody as the default rule in determining cases of child custody is not adopted, and take measures to adequately address the consideration of the specific needs of women and children to determine child custody in cases of domestic violence (Para. 38 & 39).

 

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CEDAW/C/ESP/CO/6

Last reported: 22 June 2009
Concluding Observations published: 7 August 2009

Issues raised and recommendations given:

Stereotypes of women which are targeted towards the education system: Although the Committee welcomes steps taken by the State party to eliminate stereotyped media portrayals of women and of women's roles in the family and in society, the Committee notes the lack of information provided by the State party on measures to eliminate such stereotypes that are specifically targeted towards the education system. The Committee calls upon the State party to strengthen its efforts to eliminate such stereotypical images and attitudes. Suggestions to help this cause included having targeted programmes in the education system (including human rights education) and the revision of school textbooks and curricula (paras. 17 and 18).

Gender violence. Whilst the Committee welcomes measures taken by the State party against gender violence, the Committee remains concerned about the prevalence of violence against women. Amongst other recommendations, the Committee recommends the expansion of public awareness-raising campaigns on all forms of violence against women and girls (paras. 19 and 20).

Trafficking and prostitution. The Committee notes that the State party was planning to reform its legislation in accordance with its obligations under the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime1. Although the Committee acknowledges other measures being taken by the State party to combat trafficking in women and children, it is concerned by the continuing prevalence of trafficking in women and girls, and the lack of comprehensive data and research on this matter. The Committee urges the State party to continue to take all appropriate measures to combat all forms of trafficking in women and children, in line with the Convention. The Committee further calls upon the State party to continue to collect and analyse data, including data disaggregated by age, in order to identify trends and root causes (paras. 21 and 22).

Unwanted pregnancies. The Committee is concerned at the high rates of unwanted pregnancies. The Committee recommends that sex education should be widely promoted and targeted at adolescents, with special attention to the prevention of early pregnancy. (paras. 25 and 26).

Illiteracy and school dropout rates of Roma girls: The Committee notes with concern that unofficial data indicated the high illiteracy and school dropout rates of Roma girls. The Committee requests the State party to include in its next report comprehensive information on the situation of Roma girls, including data on their education opportunities (paras. 29 and 30).

Unregistered and unrecognised Roma marriages: The Committee notes with concern that unregistered and unrecognised Roma marriages may leave women with limited or no economic rights. The Committee calls upon the State party to guarantee and safeguard the economic rights of all Roma women, regardless of whether or their marriages are registered (paras. 29 and 30).

1 Adopted and opened for signature, ratification and accession by General Assembly resolution 55/25 - 15 November 2000.

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UN Committee on the Elimination of Racial Discrimination

CERD/C/ESP/18-20

Last reported: 23-24 February 2011
Concluding Observations: 9 March 2011

Unofficial translation from Spanish by CRIN

"Ghettoised schools": The Committee expresses concern about information received according to which some "ghettoised" schools of migrant and gypsy children exist in some regions of the State party. This is in spite of the 2006 Law on Education which provides mechanisms to ensure an adequate and balanced distribution of students (arts. 4 and 5).

The Committee recommends that the State revise criteria and methods for processing admissions to public and private schools and take measures to guarantee an effective, balanced distribution of pupils in educational centres. The Committee requests the State to provide disaggregated statistical data on the number of migrant, gypsy and Spanish children enrolled in schools in its next periodic report. (para. 15)

Discrimination against gypsy children: The Committee observes with satisfaction that the State party continues to adopt measures to improve the general situation of the gypsy population, however, it is concerned about the difficulties that many of this group still encounter in terms of employment, housing and education, in particular gypsy women and children. The Committee is also concerned about the persistence of cases of discrimination against the gypsy population in everyday life (arts. 5 and 7).

The Committee urges the State party to continue its efforts to improve the situation of gypsies and their integration into Spanish society. It recommends in particular that the State party adopt measures aimed at improving the situation of gypsy women and children. The Committee also recommends that the State party, in light of general Recommendation No. 27, take the necessary measures to promote tolerance and overcome prejudice and negative stereotypes, with the aim of avoiding all forms of discrimination against members of the gypsy population. (para 16)

Unaccompanied minors: The Committee welcomes with satisfaction the agreements on assistance and repatriation to unaccompanied minors that the State has signed with Romania and Senegal. However, the Committee is concerned about bone age assessments being carried out through x-rays on unaccompanied children in Spanish territory given that the wide margin of error of these tests can mean that some minors are classified as adults and are therefore deprived of protections afforded to minors (art. 6).

The Committee urges the State party to review the different methods to carry out age assessments in order to guarantee that unaccompanied minors are not classified as adults and enjoy the protection measures applicable to minors. It further urges the State party to invest in the implementation of reliable, up-to-date test that are not harmful to the physical integrity of the minor. (Para. 17)

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CERD/C/64/CO/6

28 April 2004

Issues raised and recommendations given:

Unaccompanied foreign children: While the Committee warmly welcomes the 2003 Memorandum of Understanding between Spain and Morocco on assistance in the repatriation of unaccompanied foreign children, it expresses concern about the situation of these children, particularly in relation to the poor conditions in the reception centres for minors (especially in Ceuta and Melilla). The Committee recommends that the State party should take all necessary measures to improve the conditions in the reception centres. The Committee also recommends that the State party should ensure respect for the existing laws so that regular procedures in the expulsion of unaccompanied foreign children are carried out. The Committee invites the State party to provide clarification on the issue of the reported reduction of the age of majority from 18 to 16 years for the purpose of expulsion (para. 14).

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UN Committee on Migrant Workers

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UN Committee on the Rights of Persons with Disabilities

Concluding Observations: 19-23 September 2011

CRPD/C/ESP/CO/01

Issues raised and recommendations given:

Children with disabilities: The Committee is particularly concerned at the reportedly higher rates of abuse of children with disabilities in comparison with other children. The Committee is equally concerned by the lack of early identification, family interventions and informed support of, children with disabilities, which puts at risk their full development and ability to express their views; and by the lack of available resources and co-ordinated public administration – in the social, health and education services, amongst others (Para. 23).

Right to life: The Committee commends (consistency with other references to the law) the fact that Act 26/2011 amends regulations which contain provisions to reflect the right to accessibility when granting informed consent to medical treatment. It however regrets that guardians representing persons with disabilities deemed "legally incapacitated" may validly consent to termination or withdrawal of medical treatment, nutrition or other life support for those persons. The Committee wishes to remind the State party that the right to life is absolute, and that substitute decision-making in regard to the termination/withdrawal of life-sustaining treatment is inconsistent with this right. (Para. 29)

Education: The Committee welcomes the fact that the principle of inclusion governs the schooling of pupils with special educational needs; that discrimination in education is prohibited; and that most children with disabilities are included in the regular education system. It commends the enactment of Organic Act 2/2006 on Education, which obliges the education authorities to provide specialist teachers, qualified professionals and the necessary materials and resources, as well as the laws that oblige schools to make necessary curricular adjustments and diversifications for pupils with disabilities. However, the Committee is concerned by the implementation of these laws in practice, in view of reported cases of failure to provide reasonable accommodation, of continued segregation and exclusion, of financial arguments used as justification for discrimination, and of the cases of children enrolled in special education against their parents' will. The Committee notes with concern that parents challenging the placement of their children with disabilities in special education have no possibility of appeal and that their only alternative is to educate them at their own expense or pay for the reasonable accommodation of their child in the regular education system. (Para. 43) 

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UN Committee on Enforced Disappearance

[Unofficial translation from Spanish]

Concluding observations: Advanced Unedited Version

13 November, 2013

Measure of compensation and protection of children against enforced disappearances (article 24 and 25): The Committee recommends that the State party adopt legislative and other measures necessary to establish a definition of a victim of an enforced disappearance in line with article 24, paragraph 1, of the Convention, and that it ensures that every person who has suffered direct harm as a consequence of enforced disappearance can receive all measures of compensation and reparation set out in law, even when no prosecution has been initiated. In addition, it recommends that the State adopt legislative and other measures necessary with a view to expanding means of reparation so that these are fully in line with those set out in article 24, paragraph 5, of the Convention and other international standards on the subject. In this context, the Committee welcomes the draft 'Law concerning the Legal Status of the Victim of the Crime'. Taking into account that this is still being developed, it encourages the State party to take the opportunity to incorporate those aspects relevant to implementing this recommendation as well as obligations under the Convention on the subject of the rights of victims that are still not fully covered by the current legislative framework. The Committee recommends as well that all measures adopted on the subject of victims' rights are sensitive to gender issues and duly take into account the special situation of children affected by enforced disappearances (Paragraph 30).

In examining existing criminal law that would be applied to a possible case of child abduction, the Committee observes that there are no provisions that specifically reflect those set out in article 25, paragraph 1, of the Convention. In addition, and while it welcomes the information provided in the State party report as well as by the delegation on measures adopted to investigate child abduction that could have occurred in Spain in the past, and notwithstanding the importance of Circular 2/2012 of the State Attorney General, the Committee has received reports about obstacles in the documenting of cases as well as in the efficacy of the investigations. It notes the difference between the number of complaints received and the low number of genetic samples present in the national DNA bank (article 25). (Paragraph 34)

The Committee recommends that the State party consider revising its criminal law with a view to typifying acts described in article 25, paragraph 1, of the Convention as crimes which carry appropriate penalties that take into account their extreme severity. In addition, the Committee urges the State party to strengthen its efforts to trace and identify children who could have been victims of kidnapping, enforced disappearance and/or deprivation of identity in conformity with article 25, paragraph 2, of the Convention. In this respect, it recommends that the State party also strengthen its efforts to guarantee that the national DNA bank incorporate genetic samples of all cases that have been reported, both through administrative and judicial channels. (Paragraph 34)

Dissemination and follow-up: The Committee would like to emphasise the singular cruelty with which enforced disappearances affect the human rights of women and children. Women who are subject to enforced disappearance are particularly vulnerable to sexual violence and other forms of gender violence. Women who are family members of a disappeared person are particularly likely to suffer serious adverse social and economic consequences, as well as violence, persecution and reprisals as a result of their efforts to track down their loved ones. In the case of children who are victims of enforced disappearances, either because they themselves are subject to an enforced disappeared or because they suffer the consequences of the disappearance of a family member, are particularly vulnerable to multiple violations of their human rights, including deprivation of their identity. In this context, the Committee emphasises in particular the need for the State party to integrate a gender perspective into their implementation of the rights and obligations set out in the Convention and make sure this is done in child sensitive manner. (Paragraph 41).

 

Countries

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