The office of the Ombudsman (“Defensor del Pueblo”) was created under the Spanish Constitution of 1978, then implemented through Organic Law 6 of 1981.  Law 36/1985 regulates the relations between the national Ombudsman and similar institutions at regional level.

The Ombudsman is appointed for a five-year term by the legislature, which requires a majority vote in both Congress and the Senate, and is a delegate of the Spanish Parliament.

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The office of the Ombudsman (“Defensor del Pueblo”) was created under the Spanish Constitution of 1978, then implemented through Organic Law 6 of 1981.  Law 36/1985 regulates the relations between the national Ombudsman and similar institutions at regional level.

The Ombudsman is appointed for a five-year term by the legislature, which requires a majority vote in both Congress and the Senate, and is a delegate of the Spanish Parliament. Although the Ombudsman's role is not executive in nature and is limited to the critique of acts of administration, the office of the Ombudsman is in charge of surveying all administrative functions of the Spanish government, including administration in embassies abroad and in the autonomous and local administrations throughout Spain.

The office’s task is also to protect human rights and has a department designated for issues of immigration and foreign affairs. Discrimination and racism are not expressly listed within the Ombudsman's competence, however they are considered part of its general mandate to defend fundamental rights and freedoms. Once a complaint has been filed with the Ombudsman's office, the office can ex officio investigate. It may ask for the collaboration of regional ombudsmen, established at the level of the autonomous communities. 

The government is constitutionally required to respond to all complaints and requests for information filed by the office of the Ombudsman. Moreover, the Ombudsman and his staff have unrestricted access to all administrative offices in Spain. The Ombudsman may make recommendations to public authorities, but cannot modify acts or regulations or consider complaints concerning the functioning of the authorities competent for the administration of justice. Because of the Ombudsman office's independent character and special position in Spanish law, particularly its unique role as a delegate to the Spanish Parliament, the Ombudsman has the power to bring issues to and to appear before the Constitutional Court.

The Ombudsman's Office receives very few complaints of racism and racial discrimination. However, the Office receives complaints which are to some extent related to issues of racism and discrimination. Roma/Gypsies and foreigners have submitted complaints to the Ombudsman's Office and this has resulted in recommendations, for instance in the fields of housing and education of Roma/Gypsies. Regional Ombudsmen also exist in the Spanish context of regional autonomies.

In order to make the Ombudsman’s work more effective, the establishment and functioning of specialised bodies which can effectively and independently monitor the situation as concerns racism and racial discrimination and assisting in providing effective means of redress to victims would be desirable.

Some Annual Report of the Ombudsman are particularly significant for the fight against racism and discrimination. In the 2001 Annual Report of the Ombudsman there were concerns about the conduct of the police, particularly in the context of airport operations. The Ombudsman's office was required to intervene on behalf of migrants who were refused entry to Spanish territory because "police measures are insufficient" or fail to "take into consideration reasons of a humanitarian nature." The same Report says that its investigation of procedures in Ceuta revealed that "there was no reliable evidence of the presence of a lawyer" during return proceedings of foreigners. As a consequence the Ombudsman recommended that the Spanish government should take immediate steps to ensure that foreigners have the legal assistance required by law.

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

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