Source: United Nations – Geneva
The Human Rights Committee today concluded its consideration of the seventh periodic report of Spain on how it implements the provisions of the International Covenant on Civil and Political Rights. Committee Experts commended revisions to the State’s abortion law promoting increased access, while raising issues concerning its efforts to address accountability for past human rights violations and overcrowding in offshore migrant reception centres.
A Committee Expert said there had been positive changes in legislation on sexual and reproductive health and voluntary termination of pregnancy, with the removal of requirements for parental consent and the mandatory three-day reflection period.
Another Committee Expert said serious human rights violations were committed during the Civil War and the Franco dictatorship. Did the 2022 law on democratic memory overturn the 1977 law on amnesty? How many high-ranking officials had been tried and sentenced for crimes committed during the dictatorship?
A Committee Expert said that in Ceuta, Melilla and the Canary Islands, migrants had been forced to sleep on the streets due to the lack of capacity in reception centres. The Committee had also received disturbing reports about overcrowding and abuse of unaccompanied children in detention, particularly in the Canary Islands. What progress had been made in redistributing migrants held in the Canary Islands to other areas of Spain?
Marcos Gómez Martínez, Permanent Representative of Spain to the United Nations Office at Geneva and head of the delegation, presenting the report, said Spain remained firmly committed to the promotion and protection of human rights. Since the presentation of the previous report in 2015, Spain had adopted important legislative, institutional and political measures to strengthen the protection of human rights in the country, in particular civil and political rights.
Mr. Gómez Martínez said Law 20/2022 on Democratic Memory consolidated the right to truth, justice and reparation for the victims of the Civil War and the dictatorship. A national census of victims, a map of graves and a State plan for exhumations had been created, with the participation of the autonomous communities and civil society.
The delegation added that work was underway to create a DNA database of disappeared individuals. There was a unit in the Prosecutor’s Office that specialised in identifying the whereabouts of disappeared persons, and an information service for persons affected by the kidnapping of babies, which facilitated access to birth certificates and genetic records.
In response to the influx of arrivals to the Spanish islands, particularly in the Canary Islands, the Government was working to strengthen resources and support access to the asylum procedure, the delegation said. It had opened four large reception centres on the Canary Islands, and had moved some asylum seekers from the Canary Islands to Madrid to allow them to submit asylum applications. Detainment in migrant holding centres was a last resort.
In concluding remarks, Mr. Gómez Martínez thanked the Committee for the dialogue and the quality of its questions. The full guarantee of civil and political rights was an ongoing process. The Committee helped the State party to guarantee these rights domestically.
Changrok Soh, Committee Chairperson, in concluding remarks, said the dialogue had addressed key topics related to implementation of the Covenant. The Committee urged the State party to implement its recommendations to strengthen implementation of the Covenant.
The delegation of Spain was made up of representatives of the Ministry of Ministry of Foreign Affairs, European Union and Cooperation; Ministry of the Presidency, Justice and Relations with the Courts; Ministry of the Interior; Ministry of Health; Ministry of Equality; Ministry of Inclusion, Social Security and Migration; Ministry of Youth and Children; and the Permanent Mission of Spain to the United Nations Office at Geneva.
The Human Rights Committee’s one hundred and forty-fourth session is being held from 23 June to 17 July 2025. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 3 p.m., Thursday 3 July to begin its consideration of the second periodic report of Haiti (CCPR/C/HTI/2).
Report
The Committee has before it the seventh periodic report of Spain (CCPR/C/ESP/7).
Presentation of the Report
MARCOS GÓMEZ MARTÍNEZ, Permanent Representative of Spain to the United Nations Office at Geneva and head of the delegation, said Spain remained firmly committed to the promotion and protection of human rights. Since the presentation of the previous report in 2015, Spain had adopted important legislative, institutional and political measures to strengthen the protection of human rights in the country, in particular civil and political rights.
In June 2023, the second national human rights plan (2023-2027) was approved, which expanded the protection of political and civil rights; incorporated the equality of women and men, as well as non-discrimination; and advanced measures to guarantee the universality of human rights for all people. There was a structure responsible for monitoring and supervising implementation of the plan, which followed up on the opinions and recommendations of the human rights treaty bodies. The plan recognised the importance of the national human rights institution, the Ombudsman, as an independent institution, with its own resources and competences in the field of human rights monitoring.
Spain had made significant progress in the fight against discrimination. In 2023, a law was approved that guaranteed of the rights of lesbian, gay, bisexual, transgender and intersex people, eliminating the requirement of medical intervention for changing information on sex in the civic registry, as well as the age requirement. Conversion therapies and unnecessary surgical interventions on intersex people under 12 years of age were also prohibited.
Law 15/2022 facilitated the creation of the Independent Authority for Equal Treatment and Non-Discrimination. The criminal framework against hate crimes had also been strengthened, expanding the recognised causes of discrimination, including age, social exclusion and ethnicity. The Attorney General’s Office had consolidated a network of prosecutors specialising in hate crimes and discrimination, and specific police units were created for prevention and investigation.
The Strategy for Equality, Inclusion and Participation of the Gitanos [Spanish Romani] (2021-2030) had been renewed, with specific measures addressing education, employment, health, housing, essential services, poverty, and gender equality. In addition, studies and awareness-raising campaigns on racism and xenophobia had been promoted, and the Spanish Observatory on Racism and Xenophobia had been strengthened, as had the Council for the Elimination of Racial or Ethnic Discrimination. Judicial mechanisms for dealing with victims of hate crimes had been strengthened, as well as the detection and reporting of hate speech on social networks, including a specific protocol to combat it online.
In 2024, Spain took a decisive step towards the effective recognition of the rights of persons with disabilities through the reform of article 49 of the Constitution. The new wording guaranteed that all persons with disabilities could exercise their rights in conditions of freedom and equality. In addition, in Spain the right to vote was fully guaranteed to all persons with disabilities.
Organic Law 10/2022 on the Comprehensive Guarantee of Sexual Freedom expanded prevention, care and reparation measures. Within the Ministry of the Interior, the National Office against Sexual Violence was created in 2023. Organic Law 1/2023 guaranteed access to voluntary termination of pregnancy free of charge, including for minors and women with disabilities. Organic Law 8/2021 on the comprehensive protection of children and adolescents against violence strengthened the framework for the protection of minors.
In July 2023, Spain approved the new protocol for the forensic medical examination of detainees. In 2022, the Ministry of the Interior created the National Office for Human Rights Guarantees, a body responsible for ensuring compliance with national and international standards against torture by the State security forces.
Spain’s prison population had decreased in recent years and detention conditions had improved, including through increased access to health and care for people with disabilities and a reduction of the use of mechanical restraints. Incommunicado detention was applied on an exceptional basis and could not be applied to minors under 16 years of age. In Temporary Stay Centres for Immigrants, specific modules had been set up for women and families, eliminating situations of overcrowding.
A contingency plan implemented since 2022 called on child protection services in all the country’s territories to take in unaccompanied minors. Royal Decree Law 2/2025 implemented urgent measures to guarantee the rights and best interests of migrant children and adolescents. The Government was preparing a Royal Decree that set minimum quality standards in terms of reception centres’ size, resources and accessibility.
Law 2/2023 regulated the protection of people who reported regulatory breaches and created the Independent Authority for the Protection of Whistleblowers. This was one of the actions included in the Action Plan for Democracy of 2024, which aimed to expand and improve the quality of Government information, and strengthen the transparency and accountability of the media, the legislative branch and the electoral system.
Law 20/2022 on Democratic Memory consolidated the right to truth, justice and reparation for the victims of the Civil War and the dictatorship. A national census of victims, a map of graves and a State plan for exhumations had been created, with the participation of the autonomous communities and civil society.
Spain reiterated its commitment to the international human rights system and to the effective implementation of the Covenant.
Questions by Committee Experts
A Committee Expert said reports revealed positive steps had been taken by the State party, however challenges remained in implementing the Convention. Was there an oversight mechanism assessing implementation of the Committee’s recommendations and Views? What was the jurisprudence of the State’s courts regarding the Committee’s Views? The Supreme Court had issued a decision asserting the binding nature of human rights treaty bodies’ Views. Was this decision being applied? Could the delegation give some examples of court cases that had referenced the Covenant?
The 2022 law on equality, which recognised the right of all persons to non-discrimination, had no bearing on the legislation on immigration, which inhibited access to public services for migrants. Would the State party address this issue? There had been major delays in the establishment of the proposed Authority for Equal Treatment; when would this be completed? What was the status of the proposed Organic Act against Racism?
The Criminal Code did not address hate crimes based on language, political opinion or economic status. How did the State party tackle such hate crimes? There had been a disturbing rise in hate crimes recently; how was the State party working to prosecute and prevent these crimes?
What remedies had the State party provided for newborns and intersex children subjected to unnecessary medical treatments? The State party had made steps forward in promoting self-determination of gender with the adoption of the recent law on the topic, however this did not recognise the rights of non-binary persons. Did the State party plan to amend the law to recognise non-binary persons? Had it considered expanding the options for declaring sex in the civil registry beyond simply “male” and “female”?
Another Committee Expert said that Spain had concluded its first national action plan on human rights. How did the consultative commission work with the Ombudsperson’s Office to assess implementation of the plan? The Ombudsperson’s Office had “A” status under the Paris Principles. What efforts had been made by the State to implement the recommendations of the Global Alliance of National Human Rights Institutions to strengthen the role of Ombudsperson? Was the Ombudsperson mandated to investigate complaints of torture and ill-treatment by security forces?
There had been positive changes in legislation on sexual and reproductive health and voluntary termination of pregnancy, with the removal of requirements for parental consent and the mandatory three-day reflection period. How did the State party promote access to abortions for women with disabilities and minority women? What measures would the State party take to address conscientious objections by doctors to abortions? How did the State party fight against obstetric violence?
Serious human rights violations were committed during the Civil War and the Franco dictatorship. Positive progress had been made with the 2022 law on democratic memory, but the right to truth, justice and reparation of the family members of victims had not been guaranteed and the Law of Amnesty of 1977 had not been overturned. Did the 2022 law overturn the 1977 law on amnesty? Were there efforts to overturn the law on State secrets related to the Franco dictatorship? There had been a proposal to create a DNA database of babies stolen during the dictatorship. How many high-ranking officials had been tried and sentenced for crimes committed during the dictatorship? What would the makeup of the proposed Truth Commission be, and how would it promote access to truth, justice and reparation for victims of historical human rights violations?
One Committee Expert welcomed the strategy for equality and inclusion for the Gitanos, and institutions set up to tackle discrimination and racism. The quality of education provided to Gitano people was lower than that of the rest of the population, and the community had lower employment levels. What measures were in place to address these issues? The Council for the Elimination of Racial and Ethnic Discrimination had recommended increasing persons from diverse backgrounds in public institutions and measures to redress discrimination. Had the State party implemented these recommendations? What measures were in place to prevent discrimination against people of African descent?
Law enforcement officials reportedly continued to engage in discriminatory identity checks. Did the State party plan to adopt a law explicitly prohibiting racial and ethnic profiling? Challenges to proving discrimination resulted in underreporting of racial and ethnic profiling. Who investigated such reports and how were perpetrators held accountable? Internal accountability mechanisms lacked transparency and data was not publicly available. How were people disciplined for infractions?
The Committee was concerned by the reported increase in hate speech in Spain, particularly neo-fascist hate speech, and a reduction in the budgets of Government mechanisms to combat this phenomenon. How would the State party tackle this issue? The Committee was also concerned by the rise in hate crimes against minorities. The State party had launched several initiatives to tackle hate crimes, but their effects appeared to be limited. How was the State party collecting data on and working to ensure the implementation of measures to tackle hate crimes?
A Committee Expert welcomed Organic Law 10/2022 and other measures to tackle gender-based violence. There had been an increase in femicides, and women faced barriers in reporting violence. What measures were in place to ensure implementation of Law 10/2022? What resources had been allocated to services for victims of violence and programmes tackling gender-based violence? Were there oversight mechanisms that monitored the treatment of women in courts? How was the State party tackling online discrimination against women and gender biases in artificial intelligence tools?
Another Committee Expert welcomed recent amendments to the Criminal Code removing an article that justified forced sterilisation in certain circumstances. Had past cases of forced sterilisation been exempt from prosecution by this article? What measures had the State party taken to ensure specialised training for health workers related to the prohibition of forced sterilisation?
Acts of torture in Spain were subject to a statute of limitations if they did not qualify as crimes against humanity. Were there plans to amend the definition of torture to bring it in line with international standards and remove the statute of limitations? Time bars prevented many victims of past political violence in Basque accessing remedies and justice. How was this issue being addressed? What steps had been taken to identify and prosecute historic allegations of torture? The State party did not make video recordings of interrogations; would it consider making such recordings?
Responses by the Delegation
The delegation said Spain had implemented the recommendations in the Views issued by the Committee and all treaty bodies. The Views being implemented were referred to in the preambles of the relevant laws. The Supreme Court and lower courts applied the provisions of these Views in their interpretations of Spanish law. A July 2024 Royal Decree established a monitoring committee tasked with drafting follow-up reports on the implementation of the Views of treaty bodies.
The Ombudsperson had the mandate to submit recommendations to the Government related to complaints it received, including complaints from the Spanish autonomous communities.
There were no limitations on foreigners’ access to the police to report human rights violations. The immigration law suspended deportation procedures involving victims of trafficking and minors. Foreigners were assisted in criminal proceedings, and all victims were treated equally before the law, regardless of their migration status. New immigration regulations implemented this year protected foreign victims of crimes, who were permitted to live and work in Spain. There were specific norms for victims of sexual and gender-based violence and trafficking in persons.
Implementation of the law on racism and intolerance continued to be a priority. There had been delays in implementation of the draft law on equal treatment. The chair of the independent authority on equal treatment had been appointed and the body was fully operational.
A Royal Decree of 2024 promoted equality and non-discrimination of lesbian, gay, bisexual, transgender and intersex individuals, and the Government planned to adopt State strategies for the inclusion of this group. A mechanism had been set up for reporting hate crimes against this community. Spanish laws prohibited conversion therapy. The State party had made progress in conducting a study on non-binary people.
Organic Law 1/2023 strengthened inclusion for women with disabilities. All women could access voluntary interruption of pregnancy from 16 years of age, including women with disabilities. The State party was promoting access to abortion services in autonomous communities. Each autonomous community needed to ensure that they had sufficient personnel to promote access to abortions. The Organic Law set out concrete measures to eradicate obstetric violence. Autonomous communities ensured that health care centres could report malpractice. Legal exceptions which allowed for sterilisation of persons with disabilities without their consent had been removed in 2020. Specialised training on legislation related to abortion and sterilisation was being provided to medical staff.
Spain had a decentralised governance structure, and the Central Government did not have the authority to address some issues that were the purview of autonomous community governments.
The law on democratic memory sought to ensure victims’ right to truth. It would be implemented in line with international law. The law on investigations into human rights violations occurring during the Civil War and dictatorship had established a Centre of Memory. Court cases involving crimes occurring during the Civil War had failed due to the statute of limitations. The Prosecutor’s Office had worked to create a DNA database of victims of these human rights violations. Autonomous communities’ laws on historical violations were being challenged by the State in the Constitutional Court. Spain had a law on transparency and a working group was seeking to expand transparency in access to information involving historic rights violations. Parliament was addressing cases of children stolen during the dictatorship, and the law on democratic memory recognised these rights of these children.
The State party had a national strategy on the Gitanos, which promoted social inclusion, equal opportunities and empowerment of this group, as well as their access to education, housing and healthcare services.
The State party had conducted an analysis on racism and xenophobia to inform related policies. It had established strategies promoting the inclusion of migrants. The national action plan on preventing racism and xenophobia ran until 2026 and had already achieved tangible results. The State party had been working with the European Commission to monitor and address online hate speech, and was drafting a strategy to address hate speech in sport. Artificial intelligence was used in social networks to fight discrimination; it had led to increased detections of hate speech. Data was collected on different forms of hate speech, including in sport. A working group was developing strategic plans promoting the inclusion of ethnic minorities. Spain had been issuing subsidies to civil society organizations working to prevent hate speech and hate crimes. The State party was promoting coordination between the police and other agencies to ensure the reporting of hate crimes.
The Ministry of Interior had a zero-tolerance policy for hate speech and hate crimes. There had been a rise in reports of these crimes, but this indicated that barriers to reporting had been addressed. Police officers had been trained in combatting hate speech. The State had implemented measures for protecting the Gitanos from hate speech.
There was a robust legal framework governing police checks. The police had committed to guaranteeing public security. There was an internal oversight body that investigated complaints related to racial profiling.
Some 1.5 billion euros had been invested in the State Pact, and responsibilities for its implementation had been delineated. Under the Pact, the State was working to combat all forms of violence against women. The Constitutional Court had granted all victims of sexual aggression the right to appeal court cases. There were 51 shelters for victims of violence, who also had access to compensation. Budget had been allocated to improving care in rural areas. Measures had been implemented to combat macho attitudes. There was a comprehensive victim protection system that ensured appropriate protections for victims. A campaign on psychological violence would be carried out by the State party this year. Systems had been set up within the Ministry of the Interior to address sexual and gender-based violence.
The definition of torture in the Criminal Code was not fully aligned with that of the Convention against Torture. However, the Code and other legislation sufficiently addressed the crime of torture, and did not need to be amended. The Code provided for the non-application of the statute of limitations for crimes of torture that were deemed to be crimes against humanity. The statute of limitations was 15 years; this was sufficient time for the prosecution to act. Police practices needed to be aligned with international standards.
Follow-Up Questions by Committee Experts
One Committee Expert welcomed specific measures to address online hate speech and hate speech at sporting events. What measures were in place to address other forms of hate speech?
Committee Experts asked follow-up questions on the legal status of the Committee’s recommendations regarding compensation; national policies promoting sexual and reproductive health education; whether the 2022 law on memory brought an end to the amnesty imposed by the 1977 amnesty law; how the State party reconciled its obligations to guarantee access to justice and the concordia laws being adopted by the autonomous communities; measures to repeal amnesty laws to deal with enforced disappearance and to adopt a State plan for search and identification of the disappeared; and the legal framework on public access to archives on historic human rights violations.
Experts also asked questions on whether the State party was considering adopting a law on racial profiling; the functions to be carried out by the body mandated to implement the recommendations of treaty bodies; whether all foreigners who were victims of serious crimes were provided with residency permits; whether the State’s efforts to prevent forced sterilisation were sufficient; the role of the Office of Human Rights Guarantees in implementing international standards on preventing torture; and investigations into numerous reports of torture and excessive use of force in a 2017 incident in Catalonia.
Responses by the Delegation
The delegation said persons could go before the courts to claim financial compensation based on treaty bodies’ Views and recommendations.
Spain had an educational curriculum on sexual and reproductive health, which promoted mutual respect and the prevention of violence. The Ministry of Education and Health was also providing online training on sexual and reproductive health for teachers and families.
The concordia laws drafted by three autonomous communities had been challenged in the Constitutional Court.
Video recordings of interrogations could be used in certain kinds of investigations; however, they could not be used when they undermined investigations.
There had been a clear drop in hate speech crimes, from over 2,000 cases in 2023 to 1,900 in 2024. This had been influenced by training provided to public officials and civil society on hate speech. The number of cases of hate speech against the Gitanos had also fallen over this period. There were laws on police ethics; if police did not abide by these laws, they were sanctioned and could possibly be released from service.
The right to truth, reparation and non-repetition was enshrined in the law on democratic memory. A map of disappeared persons had been created, and work was underway to create a DNA database of disappeared individuals. There was a unit in the Prosecutor’s Office that specialised in identifying the whereabouts of disappeared persons. In one cemetery, the remains of up to 120 victims of human rights violations from the Civil War had been found. There was an information service for persons affected by the kidnapping of babies, which facilitated access to birth certificates and genetic records.
The police oversight body within the Ministry of Justice took actions in response to reports of police misconduct and conducted preventative activities. It complemented internal police oversight units.
A 2024 Royal Decree regulated the second national human rights plan, which included a measure establishing a commission for following up on the recommendations of human rights treaty bodies. It addressed all of Spain, including the autonomous communities.
Last year, the Constitutional Court decided that the 2022 law on democratic memory did not affect the 1977 amnesty law. The 1977 law provided a broad amnesty to those persons who were arrested under the dictatorship, as part of the transition from the dictatorship to a democracy. Court rulings extended the amnesty to victims of forced labour and military personnel. The prosecutor’s office was opening investigations into alleged cases of human rights violations which had taken place in the dictatorship-era. The aim of the investigations was to provide redress to victims. Thus far, around 7,000 human remains had been identified and more would be exhumed soon.
The Commission for the Elimination of Racial Discrimination was working with the private sector, unions and civil society to promote equality. It held events related to racism, conducted studies and aided victims of racial discrimination. Its funds had been increased in 2023, allowing it to expand its remit, which had led to an increase in reports of discrimination.
Legal amendments had been made to make forced sterilisation a crime in all circumstances. Since the amendments were enacted, there had been no reports of forced sterilisation. The Government had held an event in which it offered an apology to victims. The National Council for Disabilities was working to rectify this historic harm and support the sexual and reproductive health of women and girls with disabilities.
Questions by Committee Experts
A Committee Expert said the national preventive mechanism had identified material deficiencies in the oldest prisons, a dearth of psychiatric and healthcare professionals, and the use of mechanical subjugation. How had authorities responded to these observations? Electric shocks had been used against detainees as part of a study on aggressiveness. Why was this allowed and how would the State party prevent repetition?
Isolation was used in prisons, with prior authorisation for up to 14 days, with the possibility of extension. Why did the State party maintain this regime of incommunicado detention? Had it seriously considered the possibility of its elimination? Legislation allowed for incommunicado detention of minors aged 16 to 18. Would the State cease this practice? There were no laws establishing maximum time limits for incommunicado detention; would limits be established?
Were there alternatives to migratory detention? To what extent were they applied? What measures had the State party taken to respond to reports of ill-treatment of migrant children by officials in holding facilities?
One Committee Expert said Spain was a country of destination and transit for migrants. What was the nature and scope of the ongoing study on trafficking in persons? What challenges remained in harmonising regional legislation on trafficking? Was there a timeline for the adoption of the draft anti-trafficking law? What did it cover? Was the State party considering developing a more comprehensive national referral mechanism?
Spain had no formal age determination procedure for migrants. Would this be developed? There were reports of abuse in migrant reception centres and of minors being held with adults. How did the State party ensure that unaccompanied minors received legal assistance, protection and family reunification opportunities?
To what extent was legislation on slander and libel compatible with international standards? Was the State party considering decriminalising defamation? What was the rationale for maintaining the defamation law? The transparency law did not cover judicial bodies and did not impose penalties on public officials for non-compliance. Was the current legal system sufficient for securing transparency in public information? What measures were in place to promote increased application of the law?
Between 2017 and 2020, at least 65 Catalan politicians, activists, and public figures had reportedly been targeted with Pegasus spyware, allegedly linked to the National Intelligence Centre, and there had been no investigations into these reports. Did the State party intend to launch investigations into these allegations? The 2024 amnesty law granted amnesty to individuals involved in recent pro-independence activities in Catalonia. What progress had been made in applying the law? What was the impact of the recent Constitutional Court ruling on the law? Was the law compatible with international standards?
A Committee Expert said migrant intake facilities could detain migrants for up to 60 days. Did the State party provide consistent access to medical care and legal support for migrants in these centres? In Ceuta, Melilla and the Canary Islands, migrants had been forced to sleep on the streets due to the lack of capacity in reception centres. The Committee had also received disturbing reports about overcrowding and abuse of unaccompanied children in detention, particularly in the Canary Islands. What progress had been made in redistributing migrants held in the Canary Islands to other areas of Spain?
There were long wait times for the assessment of asylum applications; there were over 240,000 applications pending as of 2024. How was this being addressed? There were pushbacks at the border preventing migrants from entering the State, forcing them to swim or jump fences. At least 15 migrants had died in an incident in a border area in 2014, and 23 had died in 2022. What measures were in place to prevent deaths of migrants and promote effective and timely investigations of deaths? When would the State party cease the practice of pushbacks? A 2022 agreement with Morocco authorised Spain to send migrants back to Morocco. How did the State party ensure that migrants who were sent back to Morocco had the right to apply for asylum?
Another Committee Expert said the public security act of 2015 had a dissuasive impact on the activities of journalists and human rights defenders. The Constitutional Court had issued a decision stating that the prohibition to film officials needed to be limited to cases where there was a threat to the official. What measures were in place to amend the law in line with the Constitutional Court’s ruling? Did the State party still use the dangerous practice of undercover police agents? The offence of glorification of terrorism had been used in 2024 against two Palestinian activists. What was the status of proposed reforms to restrict the application of this offence?
Limited progress had been made in combatting corruption in the judiciary. In 2025, after five years of deadlock, an agreement was reached on establishing the General Council of the Judiciary. Was fully operational? How would the State party ensure that it functioned independently? Judges and prosecutors had gone on strike this week to protest recent judicial reforms, fearing that it would harm their independence. What was the purpose of these reforms?
Responses by the Delegation
The delegation said there were shortages of medical professionals in prisons. Healthcare was the mandate of the autonomous communities, but the Central Government continued to provide resources to support healthcare. Remote doctors were always available, and the State coordinated with the police to facilitate transfers of inmates to hospitals in cases of medical emergencies. Rosters for nurses and other medical professionals in prisons had been 95 per cent completed.
Experimentation on inmates was prohibited, but voluntary scientific studies could be conducted in prisons. Mechanical subjugation, such as the use of handcuffs, straps and tranquilisers in extreme cases, was regulated in the law on penitentiaries. All guarantees were in place to ensure legality and proportionality in the use of these devices. These devices were used as a last resort.
The European Council had not established infractions related to Spain’s use of incommunicado detention. Persons in incommunicado detention needed to be visited twice daily by medical authorities and visits by consular authorities were not restricted. Legislation on incommunicado detention was fully aligned with European standards. The State’s isolation regime had received the support of the Council of Europe’s torture body. Typically, isolation was used for short periods of a few minutes or hours to prevent conflicts.
The Government had conducted a study on trafficking in persons in 2024; its results had been published online. The study identified that there were around 9,000 women in prostitution at risk of being trafficked. A draft bill had been developed that sought to prevent trafficking and ensure support for victims. A public hearing on the bill had been concluded, and it would go through the legislature in September. The bill would establish a national referral mechanism. Several training courses for the security forces promoted identification of trafficking victims using objective, streamlined criteria.
Detainment in migrant holding centres was a last resort, applied only in cases of irregular residency. Migrants could be held for up to 72 hours in these centres. The legal regime for these centres aligned with that of detention in police centres. Detainees had the right to food and drinks. The average occupation rate in these centres did not exceed 30 per cent.
Between November 2023 and January 2024, there had been a mass arrival of asylum seekers at Madrid Airport. Holding rooms at the airport were expanded and a room for women and girls was established. The Government had expedited the processing of asylum claims for these people.
There had been an influx of arrivals to the Spanish islands, particularly in the Canary Islands, during the last two years. In response, the Government was working to strengthen resources and support access to the asylum procedure. A specific plan to support minors had been developed. The Government had opened four large reception centres on the Canary Islands. One centre that opened in 2023 had housed more than 37,000 people to date.
The Government was committed to defending child migrants’ rights; it had developed a protection framework for these children. Royal Decree 2/2025 introduced measures to ensure the best interests of the child in cases of irregular migration, regulating when unaccompanied minors could be welcomed by autonomous communities. The State party was trying to redistribute these minors across the territory to ensure that the capacities of communities were not exceeded. A draft Royal Decree on minimum standards had been developed, which would ensure a basic level of care for migrant children, establish training for officials on migrant children’s rights and support migrants’ inclusion in communities. There were minors who wished to be considered as adults so that they could work in the country. Specialised prosecutors had established standard criteria for determining migrants’ age. A draft bill would amend civil procedures to establish a formal age determination process, including the assumption that migrants were minors until proven otherwise.
Spain worked in step with European instruments in regulating its border in national territories bordering Africa. Investigations into the cases of migrant deaths in 2022 were ongoing.
In 2020, the criteria evaluated by judges when determining acts that glorified terrorism were revised. In all prosecuted cases of acts of glorification of terrorism, limits on the freedom of expression had been exceeded.
The Organic Law on the protection of citizens’ safety was an administrative law that did not have a criminal aspect. There had been an increase an administrative sanctions after the implementation of this law, which related to restrictions on the freedom of movement implemented during the COVID-19 pandemic. The law was currently being revised by the parliament.
There were women’s penitentiaries in Spain, and large prison facilities had wings that were exclusively for women. The penitentiary administration had developed programmes that supported women after their release from prison.
In June 2024, an agreement was reached on the appointment of magistrates to Spanish courts, which resulted in the filling of 120 vacancies. Strikes by prosecutors and judges were related to the appointment process. Individuals could lodge complaints with oversight mechanisms regarding issues with transparency in the judiciary. These mechanisms ensured that prosecutors and judges did not have links to political groups. Specialised units had been established in the prosecutor’s office that were fighting public corruption, and draft laws on transparency in the public administration had been developed.
Follow-Up Questions by Committee Experts
Committee Experts asked follow-up questions on reasons why police officers found guilty of human rights violations had not had their medals withdrawn; the treatment of people of African descent in Spain; efforts to investigate human rights violations involving migrants at the border more seriously; the number of autonomous communities involved in accommodating unaccompanied minors; efforts to standardise the process of determining minority across regions and increase the efficiency of the assessment process for minors’ asylum applications; how the State party had given effect to the national preventive mechanism’s recommendations regarding mechanical constraints; the law that determined the maximum duration of solitary confinement; the justification for the incommunicado detention regime; why the Constitutional Court had empty posts; and reforms that would be made by the forthcoming Organic Law on the judiciary.
Responses by the Delegation
The delegation said legal provisions were in place that allowed for the withdrawal of medals from officers who were found guilty of human rights violations.
Tackling discrimination against people of African descent was a high priority for the State party. It had developed policies and awareness raising campaigns that promoted the rights of this group.
The Ministry of the Interior had moved some asylum seekers from the Canary Islands to Madrid to allow them to submit asylum applications. Deportations to Morocco were processed in line with Spanish law. Communities that shared a land border with Africa were saturated. The budget for asylum processing had been significantly increased recently but was still not sufficient. A draft bill had been developed to ensure that communities with the greatest demand were given greater priority in budgeting. The State presumed that migrants subject to age determination procedures were minors until proven otherwise.
Activities by undercover agents and “infiltrators” were regulated by State legislation. They were mandated to gather information that contributed to public safety.
There were around 300 cases in which had been necessary to use mechanical or chemical restraints between 2018 and 2025. The use of such restraints was always filmed.
Detainees who committed specific crimes, such as terrorist crimes or crimes related to organised crime, were subjected to the incommunicado detention regime. Some 390 people, including 15 women, had been subjected to the regime. There was a five-day maximum duration for such detention.
Closing Statements
MARCOS GÓMEZ MARTÍNEZ, Permanent Representative of Spain to the United Nations Office at Geneva and head of the delegation, thanked the Committee for the dialogue and the quality of its questions. The full guarantee of civil and political rights was an ongoing process. The Committee helped the State party to guarantee these rights domestically.
CHANGROK SOH, Committee Chairperson, said that, over the past two days, the dialogue had addressed key topics related to implementation of the Covenant. The Committee commended progress in several areas, but was concerned by issues in other areas. It urged the State party to implement its recommendations to strengthen implementation of the Covenant. Mr. Soh closed by thanking the delegation for its participation and all those who had contributed to the dialogue.
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