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COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS REVIEWS FOURTH PERIODIC REPORT OF SPAIN
04 May 2004
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Committee on Economic, Social
and Cultural Rights 4 May 2004
The Committee on Economic, Social and Cultural Rights completed today its review of the fourth periodic report of Spain on how that country implements the provisions of the International Covenant on Economic, Social and Cultural Rights.
Introducing the report, Joaquín Pérez Villanueva y Tovar, Ambassador and Permanent Representative of Spain to the United Nations Office at Geneva, said that since the last report of his Government was submitted, there had been significant movement in the politics of Spain which had allowed for the adoption of new measures with regard to the Convention. Among other things, the Government had been developing Gypsy welfare programmes to ensure that these communities received equal treatment in society.
Ambassador Pérez Villanueva y Tovar noted that there were 1.6 million foreigners residing in Spain; legal measures had been adopted to ensure that these migrants entered the country legally. New laws had also been adopted on human trafficking and integration of social services for migrants and the Ministry of Labour and Social Affairs had established a new office to address issues concerning migrant workers.
Over the course of the discussion, Committee Experts raised questions on a series of issues including rights for migrants, labour practices, gender equality, health care measures, HIV/AIDS, drug abuse, disabled and older persons and domestic violence.
The Committee will issue its concluding observations and recommendations on the report of Spain at the end of its three-week session on 14 May.
Other members of the Spanish delegation included Jaime Cisneros Garcia, Ministry of Education; Julia Gonzalez, Ministry of Health; Joaquin Maria de Aristegui Laborde, Permanent Mission of Spain to the United Nations Office at Geneva; Victoriano Gonzalez, Ministry of Infrastructure; Jose Joaquin Goma, Ministry of Interior; Aurelio Fernandez Lopez, Ministry of Labour and Social Affairs; Lourdes Chamarro Ramos, Ministry of Health; Carmen Puyo Marin, Carmen Garcia Ovejas, Cecilia Paino, Ministry of Labour and Social Affairs; Jose Francisco Gonzalez Castro, Ministry of Education; Milena Costas, Ministry of External Affairs and Cooperation, and Margarita de la Rasilla, Permanent Mission of Spain to the United Nations Office at Geneva.
Spain, as one of the 149 States parties to the Covenant, is obligated to submit periodic reports to the Committee explaining how it is giving effect to the provisions of the treaty. The 14-member Spanish delegation was on hand during three meetings to introduce the report and supply answers to questions put by Committee Experts.
When the Committee reconvenes at 10 a.m. on Wednesday, 5 May, it will begin the review of the second periodic report of Ecuador (E/1990/6/Add.36). A press release will be issued at the end of the Committee’s public consideration of the report on Thursday, 6 May.
Report of Spain
The fourth periodic report of Spain (E/C.12/4/Add/11) provides detailed information on how the State party adheres to the Convention. It cites Spain’s Organization Act No. 4 of 2000, which lays down requirements for the exercise of rights for foreigners, among them the right to education, the right to work, the right to health care, the right to social security and the right to family reunification. It lists various unemployment rates by sex indicating that between 1993 and 2001, the difference between the unemployment rates of the two sexes increased. The report refers to the Comprehensive Programme to Coordinate and Regulate Immigration into Spain (the “Greco” programme) which contains some measures designed to facilitate the integration into the labour force of foreigners living in Spain.
The report states that Spanish Gypsies are treated as citizens for all purposes, even though they may suffer from discrimination in some areas of their lives because they belong to a different cultural group. With regard to specific kinds of discrimination and unequal treatment affecting the Gypsy population, most of the Autonomous Communities or regions in Spain report that no acts of discrimination or intolerance take place in their respective territory. The Government’s Gypsy Development Programme aims to improve the quality of life of Gypsies, encouraging their participation in public life and society while respecting their culture. This programme falls into the categories of welfare, education, housing/environment, health, job training, culture, technical and economic cooperation and cooperation within the Ministry of Labour’s executive offices and with the ministerial departments with responsibilities in the areas of activity that affect Gypsies, especially the Ministry of Education, Culture and Sport. Moreover, Spain’s National Plan of Action for Social Inclusion contains a general measure designed to improve the situation of the Gypsy population that is excluded or at risk of being excluded (calculated to be over 30 per cent of the total Gypsy population, or some 630,000 persons).
According to the report, the “socially excluded” group is mentioned by name for the first time in Spain’s National Plan of Action for Employment on fiscal, administrative and social measures. This group includes recipients of minimum welfare benefits; young persons over the age of 18 and below the age of 30 who come from child protection institutions; individuals with problems of drug addiction or alcoholism who are in the process of being socially rehabilitated or reintegrated; and prison inmates who are permitted to take jobs, as well as those released on bail and former prisoners. Measures to encourage companies and non-profit organizations to employ such persons on permanent contracts take the form of reduced social security contributions for the first two years of the contract.
Presentation of Report
JOAQUÍN PÉREZ VILLANUEVA Y TOVAR, Ambassador and Permanent Representative of Spain to the United Nations Office at Geneva, said that since the last report of his Government was submitted, there had been significant movement in the politics of Spain which had allowed for the adoption of new measures with regard to the Convention. In the interim, Spain had recommitted its support for and cooperation with the non-governmental community and civil society as a whole to make sure public opinion was in line with government policy.
Under the territorial structure of Spain, there were seventeen Autonomous Communities for which a system of decentralization was in place. According to the Organization for Economic Cooperation and Development, Spain was one of the most decentralized countries in Europe. Under this system, there were practices of harmonization between communities, all of which benefited from the same economic, social and cultural rights. The result of the transfers of power and resources to these Communities was that they had achieved a level of political, economic and financial autonomy compared to that of other European Union countries.
The existence of culture in communities was a source of great wealth in Spain and one of national identity. Languages and the educational system were a method to enrich Spanish heritage and this cultural identity. The new Ministry of Culture had carried our programmes to enhance knowledge on Spain’s cultural values.
Mr. Pérez Villanueva y Tovar noted that last year legal measures were adopted to enhance equal employment; the proportion of women employed had increased by five per cent over the last ten years. Since 1998, there had been a plan of action for employment to strengthen policies of equal employment opportunities for men and women and to increase the quality of work. Among other measures taken by the State was a programme for illiterate women. The Ambassador added that the first bill proposed by the Council of Ministers dealt with the subject of gender violence.
According to the latest data available, there were 1.6 million foreigners residing in Spain; 24 per cent more than figures recorded at the end of 2002. Measures had to be adopted to keep up with this trend and to ensure that these migrants entered the country legally; in the past few years, for example, administration provisions had been improved in this regard. Furthermore, new laws had been adopted on human trafficking and integration of social services for migrants, among others.
The Ministry of Labour and Social Affairs had established a new office to address the issues of migrant workers. As a follow up to the Toledo conference, a model had been set up to promote national health and allow free access to medical care. The Government of Spain attached great importance to education, and had adopted various laws to stress this point. Of particular interest to the new Government was legislation on education.
The Government’s Ministry of Labour and Social Affairs had been developing Gypsy welfare programmes to ensure that these communities received equal treatment in society. Several programmes had also been set up by non-governmental organizations for these communities which had been supported by the Spanish Government. A central focus in addressing the needs of the Gypsy community was awareness raising, the Representative of Spain added.
Discussion
Concerning questions raised on the issue of discrimination against foreigners, the delegation noted that in past years Spain had carried out policies aiming for equal employment for all foreigners regardless of racial differences or ethnic origin.
Spanish law dictated the basic idea that foreigners enjoyed the same rights as did Spaniards in accordance with international treaties; among these rights were the right to documentation, freedom of movement, public participation in municipal elections, the right to association and the right to engage in demonstrations. All foreigners under 18 years of age had the right to free education on an equal footing with Spaniards. If they were legal residents in country they also had the right to enter labour unions. Foreigners also enjoyed access to health care facilities, social housing, social security services, and the right to legal assistance free of charge.
In response to a question the delegation mentioned that a government office had been set up that dealt specifically with gender and discrimination. Concerning gender mainstreaming, national affirmative action plans had been put into practice aimed to increase the number of women employed in the business sector; since 1999, 10,500 women had been trained in specialized professions. Concerning violence against women, development programmes had been set up to provide assistance to these victims and to address their most pressing needs.
Since 1996, the presence of women in previous male-dominated professions had increased. There had been an increase of women in decision–making posts; currently there were eight women government ministers and women had been actively participating in the Spanish National Assembly.
The delegation reacted to a request posed by the Committee by drawing attention to various statistical data that had been compiled in preparation of the report depicting information on migrant workers. The data presented consisted of information on older persons, disabled persons, young persons and foreigners, among others. Concerning migration asylum and public awareness activities, the Ministry of Labour and Social Services had accomplished much to build public awareness and develop programmes for benefiting migrants.
With respect to foreigners living in Spain, the delegation provided statistics on nationalities, average ages of immigrants, gender breakdown and breakdown by employment sector. On the issue of domestic employees, the delegation said these employees were almost always foreigners. These employees benefited by a number of social services and there had been several laws aimed at protecting their welfare.
In response to a question, the delegation said freedom of movement was not a question of people being physically prevented from moving but more a question of available housing and where people settled on the basis of the available work and their areas of expertise. For example, agricultural workers moved to farm areas and industrial workers tended to move to cities.
Information had been disseminated to improve the overall perception of the Spanish population of human rights issues.
A Committee Expert said Roma Gypsies were apparently still suffering from discrimination and that social programmes addressing their needs were insufficient. Moreover, Roma Gypsies did not play a role in the decision-making process to determine their own fate. The Expert asked what opportunities had been created for the economic and social welfare of Roma people. In response, the delegation said Gypsies had been in Spain for more than five centuries and had been accepted in society although differences existed. Gypsies accounted for only 1.5 per cent of the population, yet they were Spanish citizens. Spain had taken various measures to improve the understanding of Gypsy populations; Gypsies had been assigned as cultural mediators to serve as a liaison between their communities and the Government to better understand the culture.
Women in Gypsy communities were able to play an active role in society as a result of integration and improved educational facilities. For example, federations of Gypsy associations were established to assure that their communities’ needs were addressed and to ensure their overall development as compared to other communities in Spain. Moreover, the delegation noted that a new Gypsy development plan was currently being drawn up to reach that goal.
In response to a question, the delegation noted that 45 per cent of the total population of Gypsies in Spain resided in Andalusia; the local Government in Andalusia had its own comprehensive plans for the needs of the Gypsies. At the end of the 1990s a study was conducted and various proposals were put to Parliament regarding these populations aimed for their development.
In general, there were increasing partnerships between the Government and autonomous communities, the delegation noted.
The Ministry of Housing had addressed the problem of the lack of housing by constructing over 90,000 housing units and by providing funding for these projects. Priority to social housing was given to those whose earnings were under the minimum wage level and young people; in 2002, young people inhabited just over 80 per cent of these social housing units, the delegation added.
On the issue of housing, current legislation indicated that foreigners had the right to assistance in housing. There had been a royal decree regarding this issue and for the special protection of immigrants in general. Furthermore, there was ongoing contact between the State and Autonomous Communities to deal with these issues. Among other measures taken, Spain had instituted a network for housing for temporary workers which dated back to 1999.
Although the issue of housing was seen as a problem in Spain, there was no scarcity of housing for immigrants as such. Concerning housing in general, there was one unit for every two citizens. The Spanish Government policy was not to establish special housing for different elements of society, there had always been a policy of integration.
Concerning development assistance, the delegation indicated that over 100 million Euros had been invested to provide public services bearing in mind the economic, social and cultural rights of the population as a whole. On indigenous persons in particular, Spain had been very active in this area by instituting programmes for their well being and had done much to provide support to these communities in general. The Ministry of External Affairs had organized two seminars to improve the coordination between the Government and Ombudsmen who monitored and supervised all rights.
Concerning disabled persons, there had been a new law for disabled persons to guarantee non-discrimination and to provide compensation mechanisms for them to have access to all areas of social activities and co-existence in Spain. With regard to special education, over 27,000 students had been enrolled in these institutions, many of which were geared for blind and deaf students.
On the issue of persons with disabilities, the delegation said there were 3.5 million people registered with some kind of disability in Spain. The Government had developed programmes to assist these groups and to provide drugs and treatment. The delegation noted that there was an overall unemployment rate of 28 per cent, yet the percentage of unemployment within non-disabled communities alone was much lower. Given this information, the Government had set up programmes to provide jobs and training for those with disabilities.
The Government, in consultation with business leaders and trade unions, had established minimum wages while taking into consideration the consumer price index; a quarterly review took place to look at the consumer price index in comparison to the minimum wage. The work week in Spain was set at 40 hours and limits on overtime were laid down amounting to no more than 80 hours annually. Spain’s labour inspectorate was responsible for overseeing these matters. Concerning temporary work, 30.7 per cent of the workforce in Spain was employed on a temporary basis as per official figures collected during the last trimester of 2003. Part time hiring was not very common in Spain and temporary employment rates shifted by season, for example, temporary contracts were more common in tourism seasons, i.e. summer months.
After the World Conference on Older Persons, Spain adopted an action plan aimed to protect older persons in Spain, some 7 million people. There was a very high life expectancy in Spain which promoted a major challenge. There was a pension system where efforts were made to foster the protection given to older persons; women were often the most vulnerable.
In reaction to a question raised on the environmental disaster involving the Prestige oil tanker that sank off the Galician coast in November 2002, the delegation said there was zero tolerance for environmental degradation in Spain and Spanish society was very concerned about these issues. Moreover, there was a ministerial department closely associated with these issues. Environmental regulations in Spain were among the most stringent in Europe. A survey was conducted which included all those involved in the Prestige disaster - more than 270,000; of this number, 1,627 received medical care; members of the armed forces involved in the clean-up efforts amounted to 29,674; 813 serious complications were reported. The delegation said no irreversible affects had been noted in the survey as a result of the disaster. A study had also been carried out on the impact of the reproductive health of women in the area.
The delegation provided statistics concerning the health care system in Spain; among the figures presented were that there were 783 hospitals in Spain and 2,889 health centres. Abortion was considered a crime by Spanish law, barring certain exceptions, however cases of abortion were on the rise in Spain from 10 to 13 per cent each year. The delegation reported that 24 per cent of the population over the age of 18 in Spain smoked; this figure was on the rise in women. To counter this dilemma, Spain was following WHO guidelines, the legal age of purchasing tobacco had been raised to 18 and smoking in the workplace was being discouraged. A national plan had been drawn up called Building Health to help address this issue as well as other health matters.
To address the problem of sexually transmitted diseases, particularly in young people, sex education programmes and information programmes targeting adolescents had been established. These programmes had been set up in conjunction with the 62 Spanish youth councils. Efforts had been made to improve and simplify access to condom use. Concerning drug abuse, overall there was a drop in heroin use consumption as well as rates of overdoses; the situation, however, was different with regard to cannabis, cocaine and amphetamines. There was a National Drug Plan to prevent drug use and help stop the spread of sexually transmitted diseases; methadone clinics and needle exchange programmes had also been created. Spain had taken measures to prevent the spread of AIDS as a result of use of drugs. More than 1,500 needle exchange programmes were put into practice and more than 100,000 people were on methadone clinics. The number of AIDS cases in prisons had been cut by more than 70 per cent over the past few years largely as a result of the programmes set up in prisons.
Concerning unaccompanied minors, the delegation noted that most of these minors came from Morocco. A memorandum of understanding between Spain and Morocco of 2003 dealt with the issue of unaccompanied minors who were never expelled from Spanish territory. It was a Government obligation to reunite the minor with their family. If minors appeared to have been abandoned they were brought to centres for the care and protection of minors. These centres were designed to meet the needs of the minors and to educate them. The delegate added that there was a protocol for the protection of unaccompanied minors.
The delegation noted that combating domestic violence was a priority and two action plans had been established to address this issue. The new President had put forth a bill which was being considered by Parliament. A law covering both the civil and criminal areas was also being considered as a means to counter such violence. Integral programmes and courts were also being established for the needs of the victims of domestic violence. In response to a question posed, the delegation stated that female genital mutilation was a criminal offence in Spain and carried a possible sentence of 5 to 10 years in prison.
Concerning illiteracy of women, the government was taking a series of steps to improve the situation not only through education and legislation but also to ensure non-discrimination.
On the issue of education in general, the delegation indicated that there had been positive discrimination measures taken to assist children of immigrant parents singling them out for special education needs. There were more than 11.3 million children of school age in Spain and education was provided free of charge for children up to the age of 18; education was compulsory between the ages of 6 and 16.
A Committee Expert indicated that according to the non-governmental organization Food International Action Network (FIAN), 18 per cent of the Spanish population was living below the poverty line. In response, the delegation noted that during the last 10 years there had been a reduction of the poverty rates which were largely based on regional disparities. To address the issue of poverty, the Government had created a second plan of action for social inclusion to cover the period from 2003 to 2005.
* *** *
and Cultural Rights 4 May 2004
The Committee on Economic, Social and Cultural Rights completed today its review of the fourth periodic report of Spain on how that country implements the provisions of the International Covenant on Economic, Social and Cultural Rights.
Introducing the report, Joaquín Pérez Villanueva y Tovar, Ambassador and Permanent Representative of Spain to the United Nations Office at Geneva, said that since the last report of his Government was submitted, there had been significant movement in the politics of Spain which had allowed for the adoption of new measures with regard to the Convention. Among other things, the Government had been developing Gypsy welfare programmes to ensure that these communities received equal treatment in society.
Ambassador Pérez Villanueva y Tovar noted that there were 1.6 million foreigners residing in Spain; legal measures had been adopted to ensure that these migrants entered the country legally. New laws had also been adopted on human trafficking and integration of social services for migrants and the Ministry of Labour and Social Affairs had established a new office to address issues concerning migrant workers.
Over the course of the discussion, Committee Experts raised questions on a series of issues including rights for migrants, labour practices, gender equality, health care measures, HIV/AIDS, drug abuse, disabled and older persons and domestic violence.
The Committee will issue its concluding observations and recommendations on the report of Spain at the end of its three-week session on 14 May.
Other members of the Spanish delegation included Jaime Cisneros Garcia, Ministry of Education; Julia Gonzalez, Ministry of Health; Joaquin Maria de Aristegui Laborde, Permanent Mission of Spain to the United Nations Office at Geneva; Victoriano Gonzalez, Ministry of Infrastructure; Jose Joaquin Goma, Ministry of Interior; Aurelio Fernandez Lopez, Ministry of Labour and Social Affairs; Lourdes Chamarro Ramos, Ministry of Health; Carmen Puyo Marin, Carmen Garcia Ovejas, Cecilia Paino, Ministry of Labour and Social Affairs; Jose Francisco Gonzalez Castro, Ministry of Education; Milena Costas, Ministry of External Affairs and Cooperation, and Margarita de la Rasilla, Permanent Mission of Spain to the United Nations Office at Geneva.
Spain, as one of the 149 States parties to the Covenant, is obligated to submit periodic reports to the Committee explaining how it is giving effect to the provisions of the treaty. The 14-member Spanish delegation was on hand during three meetings to introduce the report and supply answers to questions put by Committee Experts.
When the Committee reconvenes at 10 a.m. on Wednesday, 5 May, it will begin the review of the second periodic report of Ecuador (E/1990/6/Add.36). A press release will be issued at the end of the Committee’s public consideration of the report on Thursday, 6 May.
Report of Spain
The fourth periodic report of Spain (E/C.12/4/Add/11) provides detailed information on how the State party adheres to the Convention. It cites Spain’s Organization Act No. 4 of 2000, which lays down requirements for the exercise of rights for foreigners, among them the right to education, the right to work, the right to health care, the right to social security and the right to family reunification. It lists various unemployment rates by sex indicating that between 1993 and 2001, the difference between the unemployment rates of the two sexes increased. The report refers to the Comprehensive Programme to Coordinate and Regulate Immigration into Spain (the “Greco” programme) which contains some measures designed to facilitate the integration into the labour force of foreigners living in Spain.
The report states that Spanish Gypsies are treated as citizens for all purposes, even though they may suffer from discrimination in some areas of their lives because they belong to a different cultural group. With regard to specific kinds of discrimination and unequal treatment affecting the Gypsy population, most of the Autonomous Communities or regions in Spain report that no acts of discrimination or intolerance take place in their respective territory. The Government’s Gypsy Development Programme aims to improve the quality of life of Gypsies, encouraging their participation in public life and society while respecting their culture. This programme falls into the categories of welfare, education, housing/environment, health, job training, culture, technical and economic cooperation and cooperation within the Ministry of Labour’s executive offices and with the ministerial departments with responsibilities in the areas of activity that affect Gypsies, especially the Ministry of Education, Culture and Sport. Moreover, Spain’s National Plan of Action for Social Inclusion contains a general measure designed to improve the situation of the Gypsy population that is excluded or at risk of being excluded (calculated to be over 30 per cent of the total Gypsy population, or some 630,000 persons).
According to the report, the “socially excluded” group is mentioned by name for the first time in Spain’s National Plan of Action for Employment on fiscal, administrative and social measures. This group includes recipients of minimum welfare benefits; young persons over the age of 18 and below the age of 30 who come from child protection institutions; individuals with problems of drug addiction or alcoholism who are in the process of being socially rehabilitated or reintegrated; and prison inmates who are permitted to take jobs, as well as those released on bail and former prisoners. Measures to encourage companies and non-profit organizations to employ such persons on permanent contracts take the form of reduced social security contributions for the first two years of the contract.
Presentation of Report
JOAQUÍN PÉREZ VILLANUEVA Y TOVAR, Ambassador and Permanent Representative of Spain to the United Nations Office at Geneva, said that since the last report of his Government was submitted, there had been significant movement in the politics of Spain which had allowed for the adoption of new measures with regard to the Convention. In the interim, Spain had recommitted its support for and cooperation with the non-governmental community and civil society as a whole to make sure public opinion was in line with government policy.
Under the territorial structure of Spain, there were seventeen Autonomous Communities for which a system of decentralization was in place. According to the Organization for Economic Cooperation and Development, Spain was one of the most decentralized countries in Europe. Under this system, there were practices of harmonization between communities, all of which benefited from the same economic, social and cultural rights. The result of the transfers of power and resources to these Communities was that they had achieved a level of political, economic and financial autonomy compared to that of other European Union countries.
The existence of culture in communities was a source of great wealth in Spain and one of national identity. Languages and the educational system were a method to enrich Spanish heritage and this cultural identity. The new Ministry of Culture had carried our programmes to enhance knowledge on Spain’s cultural values.
Mr. Pérez Villanueva y Tovar noted that last year legal measures were adopted to enhance equal employment; the proportion of women employed had increased by five per cent over the last ten years. Since 1998, there had been a plan of action for employment to strengthen policies of equal employment opportunities for men and women and to increase the quality of work. Among other measures taken by the State was a programme for illiterate women. The Ambassador added that the first bill proposed by the Council of Ministers dealt with the subject of gender violence.
According to the latest data available, there were 1.6 million foreigners residing in Spain; 24 per cent more than figures recorded at the end of 2002. Measures had to be adopted to keep up with this trend and to ensure that these migrants entered the country legally; in the past few years, for example, administration provisions had been improved in this regard. Furthermore, new laws had been adopted on human trafficking and integration of social services for migrants, among others.
The Ministry of Labour and Social Affairs had established a new office to address the issues of migrant workers. As a follow up to the Toledo conference, a model had been set up to promote national health and allow free access to medical care. The Government of Spain attached great importance to education, and had adopted various laws to stress this point. Of particular interest to the new Government was legislation on education.
The Government’s Ministry of Labour and Social Affairs had been developing Gypsy welfare programmes to ensure that these communities received equal treatment in society. Several programmes had also been set up by non-governmental organizations for these communities which had been supported by the Spanish Government. A central focus in addressing the needs of the Gypsy community was awareness raising, the Representative of Spain added.
Discussion
Concerning questions raised on the issue of discrimination against foreigners, the delegation noted that in past years Spain had carried out policies aiming for equal employment for all foreigners regardless of racial differences or ethnic origin.
Spanish law dictated the basic idea that foreigners enjoyed the same rights as did Spaniards in accordance with international treaties; among these rights were the right to documentation, freedom of movement, public participation in municipal elections, the right to association and the right to engage in demonstrations. All foreigners under 18 years of age had the right to free education on an equal footing with Spaniards. If they were legal residents in country they also had the right to enter labour unions. Foreigners also enjoyed access to health care facilities, social housing, social security services, and the right to legal assistance free of charge.
In response to a question the delegation mentioned that a government office had been set up that dealt specifically with gender and discrimination. Concerning gender mainstreaming, national affirmative action plans had been put into practice aimed to increase the number of women employed in the business sector; since 1999, 10,500 women had been trained in specialized professions. Concerning violence against women, development programmes had been set up to provide assistance to these victims and to address their most pressing needs.
Since 1996, the presence of women in previous male-dominated professions had increased. There had been an increase of women in decision–making posts; currently there were eight women government ministers and women had been actively participating in the Spanish National Assembly.
The delegation reacted to a request posed by the Committee by drawing attention to various statistical data that had been compiled in preparation of the report depicting information on migrant workers. The data presented consisted of information on older persons, disabled persons, young persons and foreigners, among others. Concerning migration asylum and public awareness activities, the Ministry of Labour and Social Services had accomplished much to build public awareness and develop programmes for benefiting migrants.
With respect to foreigners living in Spain, the delegation provided statistics on nationalities, average ages of immigrants, gender breakdown and breakdown by employment sector. On the issue of domestic employees, the delegation said these employees were almost always foreigners. These employees benefited by a number of social services and there had been several laws aimed at protecting their welfare.
In response to a question, the delegation said freedom of movement was not a question of people being physically prevented from moving but more a question of available housing and where people settled on the basis of the available work and their areas of expertise. For example, agricultural workers moved to farm areas and industrial workers tended to move to cities.
Information had been disseminated to improve the overall perception of the Spanish population of human rights issues.
A Committee Expert said Roma Gypsies were apparently still suffering from discrimination and that social programmes addressing their needs were insufficient. Moreover, Roma Gypsies did not play a role in the decision-making process to determine their own fate. The Expert asked what opportunities had been created for the economic and social welfare of Roma people. In response, the delegation said Gypsies had been in Spain for more than five centuries and had been accepted in society although differences existed. Gypsies accounted for only 1.5 per cent of the population, yet they were Spanish citizens. Spain had taken various measures to improve the understanding of Gypsy populations; Gypsies had been assigned as cultural mediators to serve as a liaison between their communities and the Government to better understand the culture.
Women in Gypsy communities were able to play an active role in society as a result of integration and improved educational facilities. For example, federations of Gypsy associations were established to assure that their communities’ needs were addressed and to ensure their overall development as compared to other communities in Spain. Moreover, the delegation noted that a new Gypsy development plan was currently being drawn up to reach that goal.
In response to a question, the delegation noted that 45 per cent of the total population of Gypsies in Spain resided in Andalusia; the local Government in Andalusia had its own comprehensive plans for the needs of the Gypsies. At the end of the 1990s a study was conducted and various proposals were put to Parliament regarding these populations aimed for their development.
In general, there were increasing partnerships between the Government and autonomous communities, the delegation noted.
The Ministry of Housing had addressed the problem of the lack of housing by constructing over 90,000 housing units and by providing funding for these projects. Priority to social housing was given to those whose earnings were under the minimum wage level and young people; in 2002, young people inhabited just over 80 per cent of these social housing units, the delegation added.
On the issue of housing, current legislation indicated that foreigners had the right to assistance in housing. There had been a royal decree regarding this issue and for the special protection of immigrants in general. Furthermore, there was ongoing contact between the State and Autonomous Communities to deal with these issues. Among other measures taken, Spain had instituted a network for housing for temporary workers which dated back to 1999.
Although the issue of housing was seen as a problem in Spain, there was no scarcity of housing for immigrants as such. Concerning housing in general, there was one unit for every two citizens. The Spanish Government policy was not to establish special housing for different elements of society, there had always been a policy of integration.
Concerning development assistance, the delegation indicated that over 100 million Euros had been invested to provide public services bearing in mind the economic, social and cultural rights of the population as a whole. On indigenous persons in particular, Spain had been very active in this area by instituting programmes for their well being and had done much to provide support to these communities in general. The Ministry of External Affairs had organized two seminars to improve the coordination between the Government and Ombudsmen who monitored and supervised all rights.
Concerning disabled persons, there had been a new law for disabled persons to guarantee non-discrimination and to provide compensation mechanisms for them to have access to all areas of social activities and co-existence in Spain. With regard to special education, over 27,000 students had been enrolled in these institutions, many of which were geared for blind and deaf students.
On the issue of persons with disabilities, the delegation said there were 3.5 million people registered with some kind of disability in Spain. The Government had developed programmes to assist these groups and to provide drugs and treatment. The delegation noted that there was an overall unemployment rate of 28 per cent, yet the percentage of unemployment within non-disabled communities alone was much lower. Given this information, the Government had set up programmes to provide jobs and training for those with disabilities.
The Government, in consultation with business leaders and trade unions, had established minimum wages while taking into consideration the consumer price index; a quarterly review took place to look at the consumer price index in comparison to the minimum wage. The work week in Spain was set at 40 hours and limits on overtime were laid down amounting to no more than 80 hours annually. Spain’s labour inspectorate was responsible for overseeing these matters. Concerning temporary work, 30.7 per cent of the workforce in Spain was employed on a temporary basis as per official figures collected during the last trimester of 2003. Part time hiring was not very common in Spain and temporary employment rates shifted by season, for example, temporary contracts were more common in tourism seasons, i.e. summer months.
After the World Conference on Older Persons, Spain adopted an action plan aimed to protect older persons in Spain, some 7 million people. There was a very high life expectancy in Spain which promoted a major challenge. There was a pension system where efforts were made to foster the protection given to older persons; women were often the most vulnerable.
In reaction to a question raised on the environmental disaster involving the Prestige oil tanker that sank off the Galician coast in November 2002, the delegation said there was zero tolerance for environmental degradation in Spain and Spanish society was very concerned about these issues. Moreover, there was a ministerial department closely associated with these issues. Environmental regulations in Spain were among the most stringent in Europe. A survey was conducted which included all those involved in the Prestige disaster - more than 270,000; of this number, 1,627 received medical care; members of the armed forces involved in the clean-up efforts amounted to 29,674; 813 serious complications were reported. The delegation said no irreversible affects had been noted in the survey as a result of the disaster. A study had also been carried out on the impact of the reproductive health of women in the area.
The delegation provided statistics concerning the health care system in Spain; among the figures presented were that there were 783 hospitals in Spain and 2,889 health centres. Abortion was considered a crime by Spanish law, barring certain exceptions, however cases of abortion were on the rise in Spain from 10 to 13 per cent each year. The delegation reported that 24 per cent of the population over the age of 18 in Spain smoked; this figure was on the rise in women. To counter this dilemma, Spain was following WHO guidelines, the legal age of purchasing tobacco had been raised to 18 and smoking in the workplace was being discouraged. A national plan had been drawn up called Building Health to help address this issue as well as other health matters.
To address the problem of sexually transmitted diseases, particularly in young people, sex education programmes and information programmes targeting adolescents had been established. These programmes had been set up in conjunction with the 62 Spanish youth councils. Efforts had been made to improve and simplify access to condom use. Concerning drug abuse, overall there was a drop in heroin use consumption as well as rates of overdoses; the situation, however, was different with regard to cannabis, cocaine and amphetamines. There was a National Drug Plan to prevent drug use and help stop the spread of sexually transmitted diseases; methadone clinics and needle exchange programmes had also been created. Spain had taken measures to prevent the spread of AIDS as a result of use of drugs. More than 1,500 needle exchange programmes were put into practice and more than 100,000 people were on methadone clinics. The number of AIDS cases in prisons had been cut by more than 70 per cent over the past few years largely as a result of the programmes set up in prisons.
Concerning unaccompanied minors, the delegation noted that most of these minors came from Morocco. A memorandum of understanding between Spain and Morocco of 2003 dealt with the issue of unaccompanied minors who were never expelled from Spanish territory. It was a Government obligation to reunite the minor with their family. If minors appeared to have been abandoned they were brought to centres for the care and protection of minors. These centres were designed to meet the needs of the minors and to educate them. The delegate added that there was a protocol for the protection of unaccompanied minors.
The delegation noted that combating domestic violence was a priority and two action plans had been established to address this issue. The new President had put forth a bill which was being considered by Parliament. A law covering both the civil and criminal areas was also being considered as a means to counter such violence. Integral programmes and courts were also being established for the needs of the victims of domestic violence. In response to a question posed, the delegation stated that female genital mutilation was a criminal offence in Spain and carried a possible sentence of 5 to 10 years in prison.
Concerning illiteracy of women, the government was taking a series of steps to improve the situation not only through education and legislation but also to ensure non-discrimination.
On the issue of education in general, the delegation indicated that there had been positive discrimination measures taken to assist children of immigrant parents singling them out for special education needs. There were more than 11.3 million children of school age in Spain and education was provided free of charge for children up to the age of 18; education was compulsory between the ages of 6 and 16.
A Committee Expert indicated that according to the non-governmental organization Food International Action Network (FIAN), 18 per cent of the Spanish population was living below the poverty line. In response, the delegation noted that during the last 10 years there had been a reduction of the poverty rates which were largely based on regional disparities. To address the issue of poverty, the Government had created a second plan of action for social inclusion to cover the period from 2003 to 2005.
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