Latvia

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Rape and Domestic Violence: The law specifically criminalizes rape regardless of gender. Spousal rape is explicitly considered rape with “aggravated circumstances.” Criminal penalties for rape range from four years to life imprisonment. When police receive a report of rape, they are required to open an investigation. Through September police initiated 56 criminal charges for rape against 28 individuals, of which two cases were sent to the prosecutor’s office. Because the Ministry of Justice does not distinguish between spousal rape and nonspousal rape cases, there were no reports available on whether any spousal rape case was prosecuted.

The law provides a broad definition of violence that includes physical, sexual, psychological, and economic violence. Domestic violence is considered an aggravating factor in certain criminal offenses. There are penalties for causing even “minor” bodily harm when the victim and perpetrator are spouses, former spouses, or civil partners.

The law allows police to investigate domestic violence without a victim’s prior approval and criminalizes stalking. The law allows survivors of domestic violence to request police officers issue an order for eviction of the perpetrator for eight days. Upon such a request, police must react immediately, on the spot, if necessary. Only courts can issue restraining orders and must respond to such requests within one business day. Once a restraining order is issued, it remains in force until a court revokes it.

Domestic violence remained a serious problem. NGOs and State Police noted a 30 percent increase in domestic violence calls and reports during COVID-19 restrictions. NGOs stated reported violence became more severe during the initial COVID-19 lockdown. Through August police initiated 193 criminal proceedings for domestic violence and detained 50 persons. In the same period, police issued 320 restraining orders, a number far below 2019 figures. NGOs stated that in some domestic violence cases, police and doctors were reluctant to act to restrain or arrest domestic partners. NGOs also stated police and doctors sometimes minimized the seriousness of the accusations when responding to reports of abuse. Domestic abuse complaints to police resulted in a slight rise in the rate of citations, although NGOs still viewed this as insufficient.

Following the success of a pilot project in the city of Liepaja that resulted in a strong increase in separation order issuances, amendments to Cabinet of Ministers regulations now require police throughout the country to use standardized protocols to report and investigate domestic and gender-based violence. Responding police officers are required to complete and send electronically an evaluation checklist to the social service of the relevant local government within one working day.

No anonymous government-run shelters designated specifically for battered and abused women existed. The government provided state funding to shelters. There was one government-funded survivor support hotline and several NGO-managed crisis hotlines; neither was dedicated exclusively to rape or assault. The government hotline referred survivors to an appropriate NGO for further support.

Sexual Harassment: Sexual harassment was prosecuted under discrimination statutes. Penalties range from a reprimand to imprisonment. Victims have the right to submit complaints to the Office of the Ombudsman and the State Labor Inspectorate. During the year there were no complaints of sexual harassment.

Reproductive Rights: The government recognizes the right of most couples and individuals to decide the number, spacing, and timing of their children; to manage their reproductive health; to have access to the full range of contraceptive choices; and to have access to the information and means to do so, free from discrimination, coercion, or violence. Transgendered persons are the exception and are required to be sterilized before their gender identity is legally recognized. The country’s cultural norms and concerns about potential violations of “virtue” laws limited consistent education in schools on sexual and reproductive health. Under the law schools are obliged to provide students with a “moral education” that reinforces traditional (heterosexual) values regarding marriage and family life. As a result, many teachers avoided educating adolescents about reproductive health and contraception.

The government provided access to sexual and reproductive health services for survivors of sexual violence.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The law provides for equal treatment of women. The government enforced its antidiscrimination laws effectively. There were instances of hiring and pay discrimination against women, particularly in the private sector (see section 7.d.).

Birth Registration: Citizenship derives from one’s parents. Only one parent must be a citizen to transmit nationality to a child. Since January 1, the law bestows automatic birthright citizenship to children of noncitizen residents, replacing a system that required permission from at least one of the parents for such a child to acquire citizenship. Children with noncitizen resident status are eligible for citizenship via naturalization.

Child Abuse: Violence against children was a problem. The law provides for protection of children against violence, exploitation, sexual abuse, involvement in prostitution, and serious threats to the life, health, or development, such as hazardous conditions. Violation of the law is punishable by imprisonment, community service, or a fine and supervised probation for a period of up to three years. The law empowers custody courts to remove vulnerable and abused children from violent homes if parents or guardians cannot do so or are themselves perpetrators of the violence. Police effectively enforced laws against child abuse.

The ombudsman received six complaints of violence against children in educational institutions and two complaints of violence against children in families. NGOs also reported a continuing overall problem with discipline and bullying in schools, citing an administrative culture of conflict avoidance as an aggravating factor. Police started an inquiry to verify reports by the State Inspectorate for Children’s Rights of abuse claims at the Mountain Blessings Community, a religious group in Brukna focusing on addiction rehabilitation.

Child, Early, and Forced Marriage: The legal minimum age for marriage is 18. Persons younger than 18 may legally marry only with parental permission and if one party is at least 16 and the other is at least 18.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children, the sale of children, offering or procuring a child for prostitution, and practices related to child pornography. Authorities generally enforced the law. Through September police initiated 92 criminal proceedings for the sexual exploitation of minors younger than 16, a 12 percent drop from 2018. The purchase, display, reproduction, or distribution of child pornography is punishable by up to three years in prison. Involving a minor in the production of pornography is punishable by up to 12 years in prison, depending on the age of the child. The minimum age for consensual sex is 16.

Institutionalized Children: In the first eight months of the year, the State Inspectorate for Children’s Rights reported three cases of peer-on-peer physical, sexual, or emotional abuse in orphanages run by municipalities and boarding schools for children with special needs. The inspectorate and NGOs stated the number of incidents was likely higher but could not be confirmed because of difficulties in accountability, infrequent visits by social workers, and limited opportunities for observation.

Due to its complexity and sensitivity, the criminal investigation of serious abuses at the Ainazi children’s psychiatric clinic, initiated in 2018, remained under review by authorities. Among other abuses children at the clinic were found to have been bound to beds for prolonged periods of time.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Anti-Semitism

Government sources estimated that between 4,400 and 8,100 Jewish residents live in the country. There were no reports of anti-Semitic attacks against individuals, although there were public references to stereotypes on the internet by some fringe groups. The leadership of the Jewish community stated that relations with the government were generally positive. The government provided financial support to Jewish history, religious, and cultural institutions.

Because of COVID-19 restrictions, most of the annual commemoration of Latvian Legionnaires who fought in German Waffen SS units against the Soviet army in World War II was canceled. Organizers converted the annual memorial march into an all-day wreath-laying event. As in recent years, turnout continued to decline, and the event received less attention, but at least one parliamentarian from the right-wing National Alliance party attended. Organizers aired a short film on television portraying the Legionnaires’ actions as defending Latvia and making no mention of Nazis.

On July 4, President Egils Levits, Jewish community representatives, government officials, and foreign diplomats attended the Holocaust commemoration ceremony in Riga. The ceremony included a limited number of invitees and was closed to the public due to COVID-19 pandemic restrictions.

See the Department of State’s annual Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The constitution and law prohibit discrimination against persons with disabilities, and the government generally enforced these provisions.

Although the law mandates access to public buildings for persons with disabilities, there was no corresponding provision for private buildings. NGOs stated that building accessibility continued to be low. Accessibility to state and local government buildings generally extended only to the first floor. NGOs cited low understanding of accessibility requirements among architects and a weak enforcement mechanism, as well as legal constraints that increase the price to modify building designs for accessibility.

In Riga schools were generally able to accommodate the needs of children with disabilities. Few schools outside of Riga could do so.

While health and labor services are provided as stipulated by law, NGOs stated that most persons with disabilities had limited access to work and health care due to a lack of personal assistants, the absence of specialized job education and training programs, and reduced government support for businesses employing disabled persons.

Members of National/Racial/Ethnic Minority Groups

NGOs representing minority groups stated that discrimination and harassment of national minorities, including what they considered hate speech, remained underreported to authorities. Through September the ombudsman did not receive any written complaints of racial discrimination, although he did receive six complaints of ethnic discrimination. ECRI in 2019 heard from NGOs, minority representatives, and the ombudsman that victims of hate speech often did not report incidents to police because they distrusted the willingness and ability of police to investigate these cases effectively.

Through August the State Security Service initiated three criminal cases for incitement of social hatred and enmity.

The Romani community continued to face widespread societal discrimination, high levels of unemployment, and illiteracy. The government continued integration and awareness programs in support of the Roma, though some community members expressed concern that the support was inconsistent. The Central Statistical Bureau reported that 4,891 Roma lived in the country.

The law prohibits discrimination based on sexual orientation or gender identity. NGOs expressed concern about the lack of explicit protection in the law against incitement to hatred and violence on grounds of sexual orientation and gender identity. NGOs stated that cases tended to be underreported, and that they observed a rise in online comments against the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community during the COVID-19 lockdown period. ECRI also noted in 2019 that the government does not collect data regarding sexual orientation and gender identity, and thus is not in a position to evaluate the need for specialized services or the magnitude of the problem. Through August the ombudsman received one complaint regarding discrimination based on sexual orientation.

NGOs reported widespread stigmatization of, intolerance of, and discrimination against LGBTI persons.

Lithuania

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Rape and Domestic Violence: Rape and domestic violence are criminal offenses. Penalties for domestic violence depend on the level of injury to the victim, ranging from required public service to life imprisonment. In the first eight months of the year, authorities received 63 reports of rape, compared with 77 during the same period in 2019. Convicted rapists generally received prison sentences of three to five years. No law specifically criminalizes spousal rape, and no data on spousal rape was available.

The law permits rapid government action in domestic violence cases. For example, police and other law enforcement officials may, with court approval, require perpetrators to live separately from their victims, to avoid all contact with them, and to surrender any weapons they may possess. According to the Human Rights Monitoring Institute, eight out of 10 victims of domestic violence were women, and the law still does not follow a gender-sensitive approach.

Domestic violence remained a pervasive problem. In the first eight months of the year, police received 35,130 domestic violence calls and started 7,006 pretrial investigations, 17 of which were for killings. In 2018 approximately 80 percent of all domestic violence reports were against women.

There are a 24/7 national hotline and 29 crisis centers for victims of domestic violence. The Ministry of Justice also continued its Action Plan for Domestic Violence Prevention and Assistance to Victims for 2017-2020 and allocated 1.17 million euros ($1.4 million) for the year.

Sexual Harassment: The law prohibits sexual harassment.

Reproductive Rights: The government recognized the basic right of couples and individuals to decide the number, spacing, and timing of their children; to manage their reproductive health; and to access the information and means to do so, free from discrimination, coercion, or violence.

Despite there being no barriers for access to contraception, there was a lack of publicly available information about contraception as a method of family planning, and teenage pregnancies were common. Other family-planning methods were more widespread.

The government provided access to sexual and reproductive health services for survivors of sexual violence. The country had no rape crisis center, but a network of specialized NGOs provided social, psychological, health, and legal assistance to survivors of domestic and sexual violence. A national women’s helpline also assisted survivors.

Coercion in Population Control: The law prohibits coerced abortion and involuntary sterilization. In July the Kaunas Regional Court awarded 31,000 euros ($37,200) to a woman with cerebral palsy after a hospital in Lazdijai sterilized her involuntarily shortly after she gave birth.

Discrimination: Men and women have the same legal status and rights. Women continued to experience unequal access to pension benefits and the gender wage gap remained significant, leaving women more exposed to poverty risk (see section 7.d.).

Birth Registration: Citizenship can be acquired either by birth in the country or through one’s parents. The government registered all births promptly.

Child Abuse: The law bans all violence against children. Sexual abuse of children remained a problem despite prison sentences of up to 13 years for the crime. In the first eight months of the year, the Ministry of the Interior recorded 23 cases of child rape and 171 cases involving other forms of child sexual abuse. The government operated a children’s support center to provide medical and psychological care for children, including those who suffered from various types of violence. It also operated a national center in Vilnius to provide legal, psychological, and medical assistance to sexually abused children and their families.

According to the Ministry of Social Security and Labor Affairs, there were 5,469 reports of violence against children in 2019. In the first eight months of the year, the children’s rights ombudsman reported receiving 392 complaints.

During the first eight months of the year, Child Line (a hotline for children and youth) received 105,415 telephone calls from children, and was able to respond to 77,944 of those calls. Child Line also received and answered 385 letters from children, whose concerns ranged from relations with their parents and friends to family violence and sexual abuse.

Child, Early, and Forced Marriage: The minimum age for marriage is 18.

Sexual Exploitation of Children: Individuals involving a child in pornographic events or using a child in the production of pornographic material are subject to imprisonment for up to five years (see also section 2.a., Freedom of Expression, Including for the Press). Persons who offer to purchase, acquire, sell, transport, or hold a child in captivity are subject to imprisonment for three to 12 years. The Office of the Ombudsman for Children’s Rights reported receiving one complaint of alleged sexual exploitation of children during the first eight months of the year. According to the Ministry of the Interior, during the first eight months of the year, officials opened 32 criminal cases involving child pornography. The age of consent is 16.

Institutionalized Children: As of September 1, the children’s rights ombudsman received four complaints and started one investigation regarding violations of children’s rights in orphanages and large-family foster homes.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Anti-Semitism

The Jewish community consisted of approximately 4,000 persons. There were reports of anti-Semitism on the internet and in public.

On January 13, an unidentified man inside the parliament building approached the chairwoman of the Lithuanian Jewish Community, addressed her as “little Jew girl,” and said that there was no home for her in Lithuania. In response to a request by the chair, the prosecutor’s office opened an investigation into the incident. No charges were filed.

On February 16 and March 11, nationalist parties sought to rally supporters at marches commemorating the country’s independence. During the February event, approximately 1,000 persons marched through Vilnius chanting and carrying banners with images of Jonas Noreika, an anti-Soviet resistance fighter who collaborated with the Nazis and played a role in the atrocities in the country during the Holocaust. On March 11, a similar procession of approximately 200 persons took place.

On October 8, the government-funded Genocide and Resistance Research Center of Lithuania posted on its Facebook page a statement commemorating the 110th birthday of Noreika. It celebrated Noreika as having opposed the Soviet and Nazi occupations. It did not refer to Noreika’s collaboration with the Nazis or his participation in Nazi atrocities. Nor did it acknowledge his public writings, which included a pamphlet promoting anti-Semitic views.

On May 20, Member of Parliament Audrys Simas made a hand gesture during a committee meeting that resembled a Nazi salute. The incident prompted the Lithuanian Jewish Community to call for an investigation. The parliamentary ethics and procedures committee investigated the matter and concluded that Simas violated the state code of behavior for politicians. Simas apologized for his actions and claimed he had raised his hand in order to cast a vote and had not intended his hand gesture as a Nazi salute.

On June 26, the anniversary of a massacre of Lithuanian Jews during the Holocaust, a monument in central Vilnius of a Jewish historical figure, Dr. Zemach Shabad, was vandalized with white paint or acid. A bust of Elijahu ben Solomon Zalman, known as the Vilna Gaon, was vandalized with white paint or acid on June 26 and again on August 3. Police launched pretrial investigations. The foreign minister and the mayor of Vilnius condemned the acts.

Police had instructions to take pre-emptive measures against illegal activities, giving special attention to maintaining order on specific historical dates and certain religious or cultural holidays.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits discrimination against persons with disabilities. There was no proactive enforcement of these requirements. The equal opportunities ombudsman investigated cases of alleged discrimination based on disability. In 2019 the National Audit Office reported that one-third of persons with disabilities were at risk of poverty, a rate 10.7 percent higher than the overall at-risk-of-poverty rate (20.6 percent). The audit found that only 13 percent of the persons identified as needing assistance received special services in municipalities. In 32 municipalities local governments did not ensure that at least 30 percent of public buildings providing social, educational, health, and cultural services were adapted to persons with disabilities. In 34 municipalities no means of public transport were available for persons with disabilities. In 2019 only 3.4 percent of municipal websites were adapted for persons with disabilities.

The law requires all schools that provide compulsory and universally accessible education to make available education to students with disabilities. The country has a tradition of separate schools for children with various disabilities. On June 30, parliament amended the Law on Education to eliminate discriminatory provisions regarding children with disabilities who need accommodation or educational supports. According to the new provisions, which were scheduled to be implemented gradually and fully enter into force on September 1, 2024, children with disabilities who need accommodation or educational supports will be able to attend a general education school in their place of residence, and schools will no longer be able to refuse to admit them and refer them to separate so-called “special schools.”

The law prohibits persons with disabilities who have been deprived of their legal capacity from voting or standing for election. The Central Electoral Commission reported that 67 percent of voting stations were accessible for persons with disabilities in 2019.

On September 9, representatives of the parliamentary ombudsman’s office reported that during an inspection they discovered a person being held behind bars in the Skemai social care home. Police started a pretrial investigation, and the director of the institution temporarily was removed from office. According to the Human Rights Monitoring Institute, the transfer of individuals with psychosocial or intellectual disabilities from state institutions to community-based homes was stalled.

The law prohibits discrimination against ethnic or national minorities, but intolerance and societal discrimination persisted. According to the 2011 census, approximately 14 percent of the population were members of minority ethnic groups, including Russians, Poles, Belarusians, Ukrainians, Tatars, Karaites, and Jews.

Representatives of the Polish minority, approximately 200,000 persons according to the 2011 census, continued to raise their concerns about restrictions on the use of Polish letters in official documents, particularly passports, and the lack of a law on protecting national minorities’ rights.

Roma, whose population the 2011 census reported as 2,115 persons (0.07 percent of the country’s total population), continued to experience discrimination.

According to a 2019 poll conducted by Baltijos Tyrimai, 63 percent of Lithuanians viewed Roma as undesirable neighbors, and 65 percent of Lithuanians would not rent an apartment to a Rom. Roma claimed employers were unwilling to hire them, citing as justification stereotypes of drug use often perpetuated by law enforcement officers.

The Ministry of Education, Science, and Sport reported that approximately 1,000 Romani children younger than age 20 lived in the country in 2017, and 431 Romani school-age children were enrolled in school. On August 28, the Vilnius municipality announced the closure of the Kirtimai settlement and approval of a new Romani integration program for 2020-23. According to the municipality, the new plan offers new solutions to strengthen the areas of education, health care and culture, with a particular focus on the reduction of social exclusion (especially of women) and exclusion in the labor market, as well as improving fulfillment of the right to housing.

According to the press, on March 16 in Kaunas, two men, one of whom was from Tajikistan, attacked and beat Tajik refugee Ilhomjon Yakubov, the former head of the opposition Islamic Renaissance Party of Tajikistan in his country’s Sughd Region. Yakubov suffered a concussion and an injured nose and rib. The press reported that police opened a criminal investigation into the beating, detaining one of the attackers and questioning the other. The investigation continued at year’s end.

The law prohibits discrimination based on sexual orientation, and sexual orientation can be an aggravating factor in crimes against LGBTI persons. Gender identity remains unrecognized in the law. Societal attitudes toward LGBTI persons remained largely negative, and LGBTI persons experienced stigma, discrimination, and violence. In 2019 the Baltijos Tyrimai poll noted that one-third of Lithuanians viewed LGBTI individuals as undesirable neighbors. Transgender persons were vulnerable and regularly experienced extreme violence and death threats, and legal barriers and discriminatory practices often inhibited them from receiving health care. Most LGBTI persons did not report sexual assault because they did not trust police.

NGO experts noted that individuals with HIV/AIDS continued to be subject to discrimination, including in employment, and treated with fear and aversion. The government did not respond.

Spain

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Rape and Domestic Violence: The law prohibits rape, including spousal rape; it does not distinguish between rapes of women and men. The government generally enforced the law effectively, although there were reports that judicial authorities dismissed cases if victims were not physically present in the country. The penalty for rape is six to 12 years in prison. Additional charges, including if the victim was a minor or if the assailant ridiculed the victim, may add to the length of the overall prison sentence. The law also prohibits violence against women and sets prison sentences of six months to a year for domestic violence, threats of violence, or violations of restraining orders, with longer sentences if serious injuries result.

The law establishes “the mere act of aggression by a man against a woman who is his partner or former partner already constitutes an act of gender-based violence”; there is no requirement to establish “the intent to dominate.” Amnesty International reported this change resulted in a two-tier system for sexual assault victims, with increased protections for those assaulted by a partner.

On July 31, the Ministry of the Interior reported a 5 percent decrease in the number of reported rapes during the first six months of the year. According to a joint report by the Observatory against Gender-Based and Domestic Violence and the General Council of the Judiciary, there were 51,790 verdicts in gender-based violence cases in 2019 with a 70 percent conviction rate. According to the Ministry of Equality’s Survey of Violence against Women 2019 published on September 11, more than 57 percent of the nearly 10,000 women surveyed reported being the victim of violence related to their gender, with nearly 20 percent reporting experiencing such violence within the last year.

Amnesty International cited continuing concerns with investigations of sexual assault and lenient sentencing for offenders. Lack of training on sexual assault cases for police, forensic investigators, and judges was a problem. There were reports that police officers were sometimes dismissive of rape allegations involving acquaintances and did not actively pursue such cases. Differing protocols for handling sexual assault cases around the country led to inconsistent access to justice for sexual assault victims. In Madrid a victim is required first to file a formal complaint and then visit a designated hospital in order for the hospital to activate protocols to collect criminal evidence. In Catalonia a victim may go to any hospital, and the hospital will activate the protocols. In Andalusia the situation varied based on city. Amnesty International also reported a lack of clear sentencing guidelines and varying sentences for sexual crimes based almost entirely at the discretion of the judge.

In several cases police leaked allegations of sexual assault to the press, which often excoriated women who alleged sexual assault, publishing without their permission their names, photos, and intimate details of their claims and lives. The press often questioned the validity of their claims and veracity of their statements.

On March 18, the Superior Court of Castile and Leon overturned the rape conviction of Raul Calvo and reduced the convictions of Carlos Cuadrado and Victor Rodriguez from rape to sexual abuse for their role in the 2017 sexual assault of a 15-year-old girl in what was known as the “Arandina case.” In December 2019 the three former Arandina Football Club soccer players had been sentenced to a combined 38 years in prison. The March court decision set Calvo free and reduced the sentences of Cuadrado and Rodriguez to four and three years, respectively. Amnesty International, the Clara Campoamor Association, and other victims’ rights groups condemned the reversal.

According to the government’s delegate for gender-based and domestic violence, as of December 9, partners or former partners were responsible for the deaths of 42 women. According to the General Council of the Judiciary, 31,375 cases of gender-based violence were open for prosecution in 2019. The Observatory against Domestic and Gender Violence reported 168,057 complaints of gender-based violence in 2019. There were 36,185 allegations of gender-based violence in the first quarter of the year. Independent media and government agencies generally paid close attention to gender-based violence.

A 24-hour toll-free national hotline advised battered women on finding shelter and other local assistance. Police also alerted female victims of gender-based violence of any changes in prison sentences of their attackers. According to the delegate of the government for gender-based violence, between March 14 and May 15, during the nationwide lockdown under the state of alarm, there was an almost 62 percent increase in calls to the domestic violence hotline compared with the same period in 2019.

The Ministry of Equality published a guide for women suffering from domestic violence during the lockdown that included information on whom to call for emergency, legal, and psychological aid, as well as what to do if someone was threatened or in danger.

In November the Supreme Court ruled that women have the right, provided they meet other requirements, to petition for a widow’s pension even if, due to domestic violence, they were not living with their partner at the time of his death. The ruling allows unmarried women the same rights as married women in petitioning for the pension.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C and authorizes courts to prosecute residents of the country who committed this crime in the country or anywhere in the world. Doctors must ask parents residing in the country who originate from countries that practice FGM/C to sign a declaration promising their daughter(s) will not undergo FGM/C when they visit countries where the practice is common. Once a family returns to the country, a doctor must examine the girl(s) again and may start legal action against the parents if examination finds that the minors underwent FGM/C during their trip.

The State Plan against Gender Violence includes FGM/C as a form of gender-based violence.

Sexual Harassment: The law prohibits sexual harassment in the workplace, but few cases came to trial. The punishment in minor cases may be between three and five months in jail or fines of six to eight months’ salary. Harassment continued to be a problem, according to media reporting. The Ministry of Equality’s Survey of Violence against Women noted more than 40 percent of women reported having been sexually harassed over their lifetime, with more than 17 percent reporting harassment from a work colleague. More than 15 percent of the women surveyed reported being the victim of stalking.

In March the Republican Left of Catalonia party announced the removal of Carles Garcias Hernandez from his position as chief of staff to the regional government’s foreign affairs counselor after multiple female colleagues accused him of sexual harassment and sexist behavior. In July, King Juan Carlos University suspended one of its professors for 13 months without pay after several female students accused him of sexual harassment and showed the university sexually explicit messages he had sent them. In addition to the suspension, the university announced it would publish a new antiharassment policy.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children; to manage their reproductive health; and to have access to the information and means to do so, free from discrimination, coercion, or violence. The government provides access to sexual and reproductive health services for survivors of sexual violence.

Coercion in Population Control: On December 18, an amendment to the Organic Law entered into force to prohibit forced or nonconsensual sterilization of persons with disabilities. There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Under the law women enjoy the same rights as men. The government generally enforced the law effectively.

Birth Registration: Citizenship is derived from one’s parents. All children born in the country, except children of diplomats and children whose parents’ country of origin gives them nationality, are registered as citizens. When a child does not acquire the parents’ nationality, the government may grant it.

Child Abuse: The law provides protections against various forms of child abuse. Those accused of sexual abuses involving minors receive larger penalties. For example, in cases of sexual abuse, instead of one to four years of imprisonment, the penalty increases to four to 10 years when the victim is a child. Cases of sexual aggression, which normally receive six to 12 years in jail, are punished with 12 to 15 years in cases involving minors.

According to the government’s delegate for gender-based and domestic violence, as of December 9, either a parent or a parent’s partner were responsible for the deaths three children.

In July the Catalan regional government opened a center in Tarragona to assist minors who are victims of sexual abuse. The center, the first of its kind in the country, provided integrated and child-centered services for children and adolescents exposed to violence and sexual abuse.

Child, Early, and Forced Marriage: The minimum age of marriage is 16 years for minors living on their own. Underage marriage is not uncommon in the Romani community. In April a regional court in Murcia sentenced a Romani man to 10 years’ imprisonment and five years of supervised probation for continuous sexual abuse related to the 2015 marriage between the then 26-year-old man and a then 15-year-old girl.

Sexual Exploitation of Children: The law criminalizes the “abuse and sexual attack of minors” younger than age 13 and sets the penalty at imprisonment from two to 15 years, depending on the nature of the crime. Individuals who contact children younger than age 13 through the internet for the purpose of sexual exploitation face imprisonment for one to three years. Authorities enforced the law.

The minimum age for consensual sex in the country is 16. The law defines sexual acts committed against persons younger than age 16 as nonconsensual sexual abuse and provides for sentences from two to 15 years in prison, depending on the circumstances.

The penalty for recruiting children or persons with disabilities into prostitution is imprisonment from one to five years. The penalty for subjecting children to prostitution is imprisonment from two to 10 years, depending on the age of the victim and the existence of violence or intimidation. The penalty for child sex trafficking is from five to eight years’ imprisonment.

The law prohibits using a minor “to prepare any type of pornographic material” as well as producing, selling, distributing, displaying, or facilitating the production, sale, dissemination, or exhibition of “any type” of child pornography by “any means.” The penalty is one to five years’ imprisonment; if the child is younger than age 13, the length of imprisonment is five to nine years. The law also penalizes knowingly possessing child pornography.

A registry for sex offenders provides a basis to bar them from activities in which they could be in the presence of minors.

The sex trafficking of teenage girls into prostitution remained a problem. See also the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Anti-Semitism

The Jewish community numbered approximately 40,000 to 50,000 persons.

The law considers denial and justification of genocide to be a crime if it incites violence, with penalties that range from one to four years in prison.

The Observatory for Religious Freedom and Conscience reported that during 2019 there were three instances of religiously motivated aggression targeting Jews, all cases of attacks against Jewish property.

According to the Observatory of Anti-Semitism of the Federation of Jewish Communities of Spain, anti-Semitic incidents included hate speech on social media and anti-Semitic graffiti. In May a regional court in Ceuta sentenced a man convicted of inciting hatred against Israel and Jewish communities on social networks to a one-year imprisonment (suspended due to lack of prior convictions), a fine, and a three-year prohibition from working in educational or sports vocations. In mid-March the observatory noted an increase in anti-Semitic speech on social media, including blaming Jews for creating the COVID-19 pandemic.

There were multiple instances of anti-Semitic graffiti. On September 9, the Cartagena Association for Historic Memory denounced the defacement with swastikas, stars of David, and “Jews out” graffiti of a municipal monument dedicated to Spanish Republicans from Cartagena who fled to France after the Spanish Civil War and were subsequently deported to Nazi concentration camps. In January a building at Alfonso X the Wise University in Villanueva de la Canada was defaced with graffiti that read, “I command, kill Jews” and a swastika. A wall at a nearby park was defaced with swastikas and graffiti that read, “free Palestine” and “kill a Jew.”

In February during separate carnival celebrations, participants dressed as Nazis and Holocaust victims during town parades. In Badajoz a 160-member group paraded dressed in suits split down the middle of half Nazi soldier and half concentration camp prisoner, choreographed to march and dance together to pop music. Props included a tank, metal fences, and a banner that displayed a swastika and Star of David together and signaled the gateway to the Auschwitz camp. In Campo de Criptana, a 130-member group dressed as Jewish prisoners, Nazi officers, and women in red coats akin to costumes from the movie Schindlers List and danced to disco music with props that included a gas-chamber float embellished with two crematorium chimneys. The Israeli embassy in Spain condemned the Campo de Criptana parade, stating it made a “mockery of the six million Jews killed by the Nazis.” The Campo de Criptana City Council also issued a statement condemning the parade. Both groups of participants stated their intention was to pay tribute to Holocaust victims.

Government institutions promoted religious pluralism, integration, and understanding of Jewish communities and history, but their efforts did not reach all of the country’s autonomous regions. Following a July 20 meeting with the Federation of Jewish Communities of Spain, First Vice President Carmen Calvo announced that the government would employ the International Holocaust Remembrance Alliance’s Working Definition of Anti-Semitism. This move reaffirmed the country’s 2016 vote to endorse the working definition under the previous government.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits with fines discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government generally enforced these provisions effectively. The law requires private companies with more than 50 employees to hire persons with disabilities for at least 2 percent of their jobs.

In July the interior minister published the Action Protocol for Law Enforcement Agencies on Hate Crimes to guarantee the equality of and prevent discrimination against vulnerable groups from abuse based on, inter alia, intellectual and physical disabilities. This follows the Interior Ministry’s January 2019 action plan to protect vulnerable groups.

According to the State Employment Public Service’s 2020 report, in 2019 more than 65 percent of persons with disabilities were unemployed, more than twice the percentage of the general population. Percentages increased with age and with the degree of visible disability.

The law mandates access to buildings for persons with disabilities. While the government generally enforced these provisions, levels of assistance and accessibility varied among regions.

In August the Spanish Confederation of Personal with Physical and Organic Disabilities (CERMI) reported significant challenges in providing assistance to persons with disabilities due to the COVID-19 pandemic. This included the failure to provide educational and personal support such as in-person consultations with teachers and lack of access to sign language interpreters, communication mediators, and physiotherapists. CERMI also reported the lack of curriculum adaptations for students with disabilities for remote learning. It noted that the lack of psychological and emotional support negatively affected both the physical and mental health of students with disabilities. The situation for women and girls was particularly difficult, according to CERMI, in part because of higher rates of poverty and increased social exclusion.

On September 21, the OHCHR Committee on the Rights of Persons with Disabilities determined that the country violated the right to inclusive education of a child with Down syndrome by sending the child to a special education center over the objections of his parents. The committee concluded the government failed to assess the child’s specific requirements and to take reasonable steps that could have allowed him to remain in mainstream education.

Members of National/Racial/Ethnic Minority Groups

In July the interior minister issued the Action Protocol for Law Enforcement Agencies on Hate Crimes, which seeks to guarantee the equality of and prevent the discrimination against vulnerable groups based on, inter alia, national origin and ethnicity. The protocol orders law enforcement officers to avoid the use of terms or expressions that may be perceived as offensive or pejorative. For example, law enforcement officers are instructed to avoid using racially based word to address individuals belonging or appearing to belong to minority groups. The protocol followed the Interior Ministry’s January 2019 action plan to protect vulnerable groups from abuse through increased training for security forces to identify hate crimes; digital tools to identify and counteract hate speech on social media; an increase in coordinating efforts with human rights NGOs; increasing attention for victims of hate crimes; and amplifying the legal response to these incidents.

The Ministry of the Interior reported 515 hate crimes linked to racism (20 percent of the total) in 2019, an increase of 20.8 percent from 2018. The regions of Catalonia, Melilla, Navarra, and the Basque Country had the highest numbers of hate crimes according to the ministry’s data.

During the state of alarm, some civil society organizations noted the Law on the Protection of Citizen Security was applied inconsistently and arbitrarily, with law enforcement officers disproportionately stopping and sanctioning persons belonging to racial and ethnic minority groups as well as immigrants. The report Racism and Xenophobia during the State of Alarm in Spain released in June by the NGO Rights International Spain noted a spike in racist speech and actions during the COVID-19 pandemic. The report registered 70 instances of alleged racism during confinement committed by National Police, Civil Guard, the Basque regional police, and the Barcelona (municipal) Urban Guard. The report alleged the Ministry of the Interior did not initiate “prompt, exhaustive, and effective investigations into all acts of brutality and excessive use of force by the Security Forces.” The report cited numerous media reports of verbal attacks against those of Chinese or Asian decent during the state of alarm, including blaming individuals for the COVID-19 epidemic. The Gitano Secretariat Foundation (FSG) reported the dissemination of numerous anti-Roma hate messages via social media and WhatsApp during the state of alarm, such as messages warning individuals not to go to markets where Romani families sold their wares.

The UN special rapporteur for minority issues in a March 9 report stated that, although authorities took positive steps to train police to reduce racial profiling, minority groups still reported incidents of harassment, profiling, intimidation, and occasional violence. Marginalized groups including immigrants, persons of African descent, and Roma told the rapporteur they mistrusted and feared police and the judiciary.

In the country’s first investigation for glorifying white supremacist terrorism, on September 11, Catalan regional police arrested two individuals in the towns of Lleida and Alicante (Valencia) for inciting hatred against various groups of foreigners, glorifying racist terrorism, and calling for attacks inspired by the massacre that took place in Christchurch, New Zealand.

In February the European Commission noted that immigrants from outside the EU and Roma continued to face integration challenges. Persons not born in the EU faced a nearly four times greater risk of severe material deprivation than natives and were considerably more exposed to precarious working conditions and to in-work poverty. In his February 7 report following his visit to the country, the UN special rapporteur on extreme poverty and human rights expressed concern that 72 percent of Romani, immigrant, and economically disadvantaged children studied in de facto segregated schools that had lower assessment scores and higher rates of grade repetition, failure, and dropping out. The UN special rapporteur for minority issues also expressed concern about school segregation affecting the Romani community, specifically public schools in Seville, which had a 90-percent Romani student population.

The Romani community is the largest minority group in the country, with an estimated 750,000 persons. Three representatives of Romani heritage were elected to the national congress in November 2019 elections, down from four elected in the April 2019 elections. The FSG reported significant integration challenges for the Romani community, including a high poverty rate (86 percent live below the poverty line, with 46 percent in extreme poverty), 52 percent unemployment rate (60 percent among Romani women), and 64 percent dropout rate for children in secondary education. The UN special rapporteur for minority issues stated the regulation of street trade, a central economic activity for Roma, was arbitrarily applied to Roma in different areas of the country and sometimes resulted in discriminatory treatment. According to a November 2019 FSG report, there were 334 cases of discrimination against Roma in 2018, 102 more than in 2017.

According to the FSG, 44 percent of Romani families, typically dependent on daily wages, struggled to afford food during the March to June state of alarm. The FSG reported significant educational challenges for Romani children, including de facto school segregation in many cities and curriculums that either excluded the Romani community or promoted stereotypes. Lack of access to internet connections at home prevented many Romani children from participating in remote learning due to the state of alarm.

The UN special rapporteur for minority issues expressed concern about the increase in Catalonia of hate speech against Catalans as a minority group in social and other media as a result of the protests following the October 2019 sentencing of 12 Catalan politicians and civil society activists. The special rapporteur also reported that politicians and others outside the region had begun to paint Catalans as traitors who had to be dealt with severely, at times using violent language. The national ombudsman rejected the categorization of the Catalan-speaking population as a minority.

The report For Rent? Racism and Xenophobia in the Housing Market published in October by the NGO Provivienda noted discrimination in the housing rental market against immigrants and racial and ethnic minorities in Madrid, Barcelona, Alicante, and Granada. According to the report, seven of 10 of the real estate agencies contacted permitted clients to discriminate explicitly, and the other three permitted subtler forms of discrimination.

The country’s antidiscrimination laws prohibit discrimination based on sexual orientation and gender identity, and the government enforced the law. The law penalizes those who provoke discrimination, hate, or violence based on sexual orientation with up to three years’ imprisonment. The law also prohibits denial or disqualification of employment based on sexual orientation and the formation of associations that promote discrimination, hate, or violence against others based on their sexual orientation. The law may consider hatred against lesbian, gay, bisexual, transgender, and intersex persons an aggravating circumstance in crimes.

The interior minister’s Action Protocol for Law Enforcement Agencies on Hate Crimes published in July sought to guarantee the equality of and prevent the discrimination against vulnerable groups based on, inter alia, sexual orientation and identity.

The number of homophobic attacks continued to rise in Catalonia. The Observatory against Homophobia of Catalonia reported 117 incidents as of September, a 20 percent increase from the same timeframe in 2019. According to the Barcelona Hate Crimes Prosecutor, law enforcement agencies in Barcelona also identified a 59 percent increase in the number of complaints received on discrimination on the basis of sexual orientation. The Observatory against Homophobia of Madrid reported 321 incidents in 2019.

According to the Ministry of the Interior, 1,598 hate crimes were reported in 2019, an 8.2 percent increase from 2018. Of these, 320 cases involved physical injuries and 350 involved threats.

According to a report from the Observatory for Religious Freedom and Conscience, in 2019 there were 175 instances of religiously motivated violence, compared with 200 in 2018.

The interior minister’s Action Protocol for Law Enforcement Agencies on Hate Crimes published in July recalled the need to guarantee the equality and nondiscrimination of persons due to their special vulnerability, whether due to the lack of a family environment; abuse suffered; status as a refugee, asylum seeker or subsidiary protection; or any other relevant characteristic or circumstance.

On October 21, the national police joined the NGO Legalitas Foundation in a new campaign aimed at young persons under the slogan #SayNoToHate with the goal of raising awareness about preventing hate crimes.

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