The Spanish authorities have shown a strong commitment to combatting poverty and improving the living conditions and social inclusion of Roma in Spain. However, the Roma population continues to suffer disadvantages in education, access to work and housing, and its participation in public affairs remains low, concludes the advisory committee of the Framework Convention for the protection of national minorities in an opinion assessing the country´s compliance with its commitments under the treaty.
Advances for Roma inclusion in Spain
The advisory committee welcomes the adoption of the Comprehensive Law for equal treatment and non-discrimination in 2022, as it addresses issues such as school segregation, demonstrating the country's commitment to an inclusive approach to diversity management. Moreover, it considers that the recognition of antigypsyism as an aggravating circumstance in the Criminal Code in 2022 is an essential advance in combatting discrimination against Roma. The adoption of the "National Strategy for Roma equality, inclusion and participation 2021-30" also represents a significant step toward improving the living conditions and social inclusion of the Roma.
Under-reporting of discrimination and hate crimes against Roma
Nevertheless, the advisory committee notes that discrimination cases involving Roma individuals remain under-reported. It stresses that the number of complaints remains low compared to the prevalence of discriminatory practices Roma face, especially in education, employment and housing. Consequently, the advisory committee calls on the authorities to raise awareness among the Roma community of the redress mechanism provided for in the anti-discrimination legislation.
Although the training of police and judicial personnel on human rights, non-discrimination standards and hate crime has produced positive results, the advisory committee finds that there is a need for a more effective institutional approach to detecting and responding to hate crimes and hate speech and addressing under-reporting.
Education and gender-based violence remain particular concerns
The disadvantaged situation of the Roma in education continues to be a significant concern, particularly regarding the complex problem of school segregation. The committee urges the authorities to combat segregation of Roma within the compulsory education system, including through the adoption of robust policies and allocation of sufficient resources. Moreover, the committee urges the authorities to take measures to reduce early dropouts and school absenteeism among Roma pupils and students and to ensure the continuation of education, especially during the transition from primary to secondary education. It also stresses that intercultural education, and the teaching of Roma history and culture should be included in school curricula and educational materials in all autonomous communities.
Another issue of concern is violence against Roma girls and women. The committee highlights the need for effective mechanisms aimed at combatting early and forced marriages, and to condemn and declare void any judicial justification of violence against girls and women or applying as mitigating circumstances such factors as "cultural context", arguments that involve ethnicity, "race" or religion.
To favour Roma inclusion, the advisory committee recommends that the authorities improve and promote the representation of Roma, both men and women, in the state civil service (Administración General del Estado) through targeted, positive measures in recruitment procedures.
Despite overall improvements in the Roma's housing situation, the advisory committee notes that substandard housing persists and should be addressed through sustainable housing programmes.
Specific problems for non-Spanish Roma
The growing anti-migrant and anti-refugee rhetoric has not significantly impacted Spanish Roma citizens. However, the committee notes that non-Spanish Roma face lower levels of acceptance than Spanish Roma. Non-Spanish Roma face specific challenges that need to be addressed, including language barriers, lack of legal documentation and limited access to social welfare services.
Finally, the advisory committee calls on the authorities to address the perpetuation of stereotyping of communities affected by hate speech on social media, especially the Jewish and Muslim communities, through targeted measures aimed at preventing and combatting hate speech, in close co-operation with internet service providers and the most affected communities.
The Framework Convention for the Protection of National Minorities, opened for signature in 1995, provides for a monitoring system whereby the Council of Europe Committee of Ministers, assisted by the Advisory Committee, composed of independent experts, evaluates the implementation of the convention by its states parties.
Spain ratified the treaty in 1995 and has committed to applying its provisions to Spanish citizens of the Roma community.
Summary of the opinion in Spanish
Framework Convention for the protection of national minorities
