Spain has ratified most international legal instruments to combat racism, intolerance and discrimination.

The entire Chapter III of the Spanish Constitution is about International Treaties and according to Article 96, validly-concluded international treaties, once officially published in Spain, constitute part of the internal legal order and can be applied by domestic courts.

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Spain has ratified most international legal instruments to combat racism, intolerance and discrimination.

The entire Chapter III of the Spanish Constitution is about International Treaties and according to Article 96, validly-concluded international treaties, once officially published in Spain, constitute part of the internal legal order and can be applied by domestic courts.

Spanish Constitution contains several articles which are relevant for the fight against racism and discrimination, and article 9 stipulates that it is the responsibility of the public authorities to promote the conditions allowing for real and effective equality and liberty of individuals and groups, to remove all obstacles which impede or make difficult their full implementation and to facilitate participation of all citizens in the political, economic, cultural and social life.

In December 2000, Spain adopted Organic Law 8/2000 "On the Rights and Freedoms of Aliens in Spain and their Social Integration" (which modified Organic Law 4/2000).  It grants to foreigners legally present in Spain many rights under conditions of equality with Spaniards, thereby extending the set of rights which the Constitution grants to this category of persons. According to Law 8/2000, all aliens, irrespective of their legal or illegal status, are entitled to basic compulsory education, basic social services and benefits and to public medical aid in cases of emergency. However, Law 8/2000 does not grant to workers whose situation is not legal the right to associate, strike, or join a trade union.

In the Criminal Code there is a wide range of provisions against racism and racial discrimination. Article 607 (1) penalises genocide, article 515 (4) prohibits associations promoting discrimination, hate or violence against persons, groups or associations by reason of their ideology, religion or beliefs and belonging to a race, ethnic or national group. Article 517 provides for imprisonment and fines for the founders, directors and presidents of such associations as well as for their active members. Article 520 allows for the dissolution of these associations. The  Supreme Court establishes that the mere existence of such an organisation results in criminal sanctions, even if the organisation does not carry out its aims. Article 510 (1) punishes incitement to discrimination, hatred or violence against groups or associations for racist or anti-Semitic motives or for other motives relating to race, ethnicity and national origin. Article 510 (2) punishes the dissemination of offensive false information on groups or associations in relation with their ideology, religion or beliefs, their belonging to a race or ethnicity, or their national origin. Article 607 (2) punishes the dissemination by any means of ideas or doctrines which deny or justify the crimes detailed in art. 607 (1) or purport to rehabilitate regimes or institutions which advocate these crimes.  Article 511 of the Criminal Code criminalises racial or ethnic discrimination against natural or legal persons committed by persons in charge of a public service and according to the same Article a public official convicted of having committed these offences shall receive an increased sentence and be suspended from his or her duties. Article 314 punishes those producing a "serious discrimination" in employment, public or private, against a person based on grounds of ideology, religion or beliefs, or belonging to a race or ethnicity. Article 312 (1) punishes those engaging in the illegal traffic of workers. Article 312 (2) punishes those employing foreigners without a working permit in conditions that jeopardise, restrict, or suppress their rights under the law, collective conventions, or individual employment contracts. Article 22 (4) of the Criminal Code includes among the aggravating circumstances of a crime the racist or anti-Semitic motives of the offender, as well as motives connected with the ideology, religion or beliefs of the victim or the victim's ethnic, racial or national affiliation. In addition, any offence aggravated by a racist purpose is prosecuted ex officio .

The principle of non-discrimination is reiterated in a number of laws covering different fields of life. These include: Law 5/80 "Basic law on Employment"; Law 8/88 "On Violations and Sanctions of Labour Laws"; Law 7/80 "On religious freedom"; and Law 1/90 "On the Education System". In the Organic Law 10/2002 "On the Quality of Education" mention is made of the intention of acting pursuant to the principle of non-discrimination in educational matters. Article 23 of Law 8/2000 also contains anti-discrimination provisions applicable to all fields of life.

Analysis provided by: Antonella C. Attardo PhD (History of Law), Italy.

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