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Spain

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Speech: The law prohibits, subject to judicial oversight, actions including public speeches and the publication of documents that the government interprets as celebrating or supporting terrorism. The law provides for imprisonment from one to four years for persons who provoke discrimination, hatred, or violence against groups or associations on the basis of ideology, religion or belief, family status, membership in an ethnic group, race, national origin, sex, sexual orientation, illness, or disability.

On February 25, the Constitutional Court ruled that criticism, even severe, of politicians is protected speech and overturned the prison sentence of rapper Cesar Strawberry. In 2017 the Supreme Court sentenced Strawberry to a one-year imprisonment related to his social media posts criticizing politicians that the court ruled as hate speech.

The Law on the Protection of Citizen Security, known as the “gag law,” penalizes the downloading of illegal content, the use of unauthorized websites, violent protests, insulting a security officer, recording and disseminating images of police, and participating in unauthorized protests outside government buildings. The NGO Reporters without Borders (RSF) called the law a threat to press freedom, and the Professional Association of the Judiciary considered it contrary to freedom of speech and information. During the government-decreed state of alarm from March 14 through June 20, state security forces used this law to fine citizens who violated mandatory confinement orders. Amnesty International protested the use of the law to fine several persons who filmed an incident allegedly showing police harassing a mentally ill man and his mother, noting its longstanding concerns with the vague formulation of the law, which authorizes sanctions for “lack of respect of law enforcement officials.” The acting ombudsman declared in April his intention to investigate its application during the confinement. On November 19, the Constitutional Court, in deciding a case brought by the Spanish Socialist Workers’ Party (PSOE) in 2015, upheld most of the law but ruled the provision against unauthorized recordings of members of security forces to be unconstitutional.

In a March 8 report, the UN special rapporteur for minority issues expressed concern that the October 2019 sentencing of 12 Catalan politicians and civil society activists interfered with the freedom of expression and nonviolent political dissent of the Catalan minority and could serve as a signal to prevent the political dissent of other minority groups. The national ombudsman rejected the categorization of the Catalan-speaking population as a minority.

On July 16, Amnesty International called on the government to repeal the criminalization of the glorification of terrorism, insults to the crown, and offending “religious feelings,” which it maintained unduly restricts freedom of expression.

On January 16, the Barcelona hate crimes prosecutor presented the first-ever legal complaint against an individual who falsely claimed in social media that unaccompanied foreign minors were linked to school violence. The prosecutor noted that online hate speech was often not prosecuted due to lack of information on the identities of the perpetrators.

Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views generally without restriction. The RSF and other press freedom organizations, however, indicated that the country’s restrictive press law and its enforcement impose censorship and self-censorship on journalists. In January the Universal Periodic Review of the country by the UN Human Rights Council noted that the Law on the Protection of Citizen Security was used against journalists who reported on police action during protests.

Journalist associations denounced the format of the government’s press conferences during the government-decreed state of alarm during the COVID-19 pandemic. The journalists claimed they had to send all questions in writing in advance to a government communications office, which then relayed them to the relevant ministry. They alleged that not all their questions were passed on and that they were unable to engage in direct dialogue with government officials. More than 400 journalists signed an open letter to the government under the title “The Freedom to Ask” and demanded increased access to question government officials. In April the government ended its requirement that questions be submitted in writing in advance.

Violence and Harassment: There were multiple reports of government officials’ verbally attacking certain media outlets and specific journalists. On March 1, President Pedro Sanchez accused “conservative” media of “stirring up society” every time conservatives lose an election. The same day, Second Vice President and Podemos party Secretary General Pablo Iglesias claimed press critical of the government had “offended the dignity of journalism.” Also in March, Iglesias threatened to send a journalist to prison for publishing compromising information about his party, especially regarding its financing. The comments were immediately condemned by the Press Association of Madrid.

In July, following comments by Iglesias against the press and a tweet by Podemos party congressional spokesperson Pablo Echenique attacking the professionalism of a television anchor, the Federation of Journalists Associations of Spain condemned Iglesias and Echenique for attempting to “coerce and intimidate” journalists to prevent them from freely exercising their profession. The RSF also called on the Podemos party leadership and all political parties to respect the freedom of the press.

The RSF blamed repeated attacks against media by the Vox party for provoking verbal and physical attacks on reporters during May countrywide protests against the government’s COVID-19 policies. In one instance several individuals assaulted a photographer covering a protest in Madrid, threw his camera to the ground, and tore his shirt. The RSF also voiced concerns about Vox’s online harassment of critical journalists and fact checkers and condemned Vox for banning some media outlets from attending its press conferences and election events.

In February the International Federation of Journalists warned in its 2019 annual report about the increase in cases of violence against the exercise of journalism in Catalonia, asserting that this community has become “dangerous territory” for journalists.

Censorship or Content Restrictions: The government fully funds the public media conglomerate Spanish Radio Television (RTVE). The RTVE’s president is proposed by the government and confirmed by parliament. Journalists complained that the RTVE, under a caretaker president since 2018, operated with insufficient oversight and claimed that the caretaker president arbitrarily reassigned news directors and journalists.

Libel/Slander Laws: Under the law slander is an offense punishable with six months’ to two years’ imprisonment or a fine. The law was not used by the government or individual public figures to restrict public discussion or retaliate against journalists or political opponents. The law does not criminalize blasphemy, but fines may be levied against those who offend the feelings of members of a religious belief or of those who do not have a religious belief.

National Security: Amnesty International and other organizations criticized the antiterrorism law as overly broad, but there were no known reports of the government using the law to suppress its critics.

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority. Authorities monitored websites for material containing hate speech or promoting anti-Semitism or terrorism.

Academic Freedom and Cultural Events

There were no official government restrictions on academic freedom or cultural events.

In its 2019 annual report published on May 13, the ombudsman reported continuing complaints about the lack of “ideological neutrality” in places of education, particularly in Catalonia. This included instances of “partisan symbolism” on the facades of schools and other public spaces in Catalonia. The ombudsman reported resistance by authorities–particularly Catalan regional government departments and city councils as well as educational, cultural, and health centers–to removing such symbolism after receiving citizen complaints. The ombudsman called upon these authorities to uphold principles of ideological neutrality in public spaces.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

The government declared a state of alarm throughout the country from March 14 through June 20 due to the COVID-19 pandemic. The state of alarm restricted internal movement and foreign travel. During most of this period, movement was restricted to purchasing food, medicine, and essential goods; visits to the doctor, bank, or insurance company; going to essential employment; or taking care of children, the elderly, or other dependent persons. Police were empowered to impose sanctions on those who did not comply with the restrictions. According to data provided by the national government representatives in the country’s 17 autonomous regions, during the state of alarm there were more than 1.1 million proposed sanctions (generally fines) and more than 9,000 arrests for violations of confinement orders. When the national state of alarm ended, some regional governments imposed restrictions of movement in certain places because of an increase in the number of infections.

While the state of alarm was legally enacted by parliamentary approval, some civil society organizations noted it was applied inconsistently and arbitrarily. The ombudsman reported receiving thousands of citizens’ complaints during the state of alarm and expressed concern about possible abuses, but on September 4, the ombudsman ultimately declared the measure constitutional in light of significant health concerns.

During the state of alarm, immigrants in irregular status and those working in the informal economy, particularly domestic workers, were often sanctioned by law enforcement while travelling to their workplaces due to the lack of required employer authorization paperwork. Amnesty International expressed concern about the disproportionate impact of the state of alarm on homeless persons and the “dozens of cases” in which they were fined for being on the streets. The NGOs Rights International Spain and International Decade for People of African Descent maintained police enforced an excessive interpretation of sanctions during the state of alarm by not requiring police officers to issue direct, specific, and individualized infractions.

On June 16, the European Parliament’s Petitions Committee approved a request from a Spanish lawyer to investigate whether the government exceeded the limits of the state of alarm and violated fundamental rights.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. Prosecutions and convictions for corruption were rare compared to the complaints filed, mainly because of the extensive system of legal appeals.

Corruption: Corruption was a problem in the country. Corruption cases crossed party, regional, and municipal lines, and while the backlog of cases was significant, analysts noted courts continued to process them regardless of political pressure.

On August 11, a Madrid judge formally charged key members of the Podemos party with alleged misappropriation of public funds and embezzlement related to the financing of its headquarters renovations and consulting contracts during the 2019 electoral campaigns. The investigation stemmed from testimony by Podemos’ former lawyers, Jose Manuel Calvente and Monica Carmena, who claimed financial irregularities, including the allocation of the renovation of the party’s headquarters and the payment of surcharges to members of the party. The lawyers also claimed that Podemos was linked to Neurona Consulting, a purported front company used to divert money through contracts made during the April 2019 general election campaign and allegedly to pay commissions to Podemos’ founder, Juan Carlos Monedero.

Financial Disclosure: Public officials are subject to financial disclosure laws and are required to publish their income and assets on publicly available websites each year. There are administrative sanctions for noncompliance.

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

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

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.

Other Societal Violence or Discrimination

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.

Section 7. Worker Rights

e. Acceptable Conditions of Work

The law provides for a national minimum wage, which barely met the poverty level in 2019. In June the government approved an increase to the minimum living wage, which will guarantee an income of between 461 euros ($553) and 1,015 euros ($1,218) for approximately 850,000 households. The measure aimed to reduce extreme poverty in the country by 80 percent.

The government effectively enforced minimum wage, hours of work, and occupational safety and health (OSH) standards in the formal economy but not in the informal economy. Penalties were commensurate with those for similar crimes, such as fraud.

The law provides for a 40-hour workweek, with an unbroken rest period of 36 hours after each 40 hours worked. The law restricts overtime to 80 hours per year unless a collective bargaining agreement establishes a different level. Pay is required for overtime and must be equal to or greater than regular pay.

The National Institute of Safety and Health in the Ministry of Labor has technical responsibility for developing OSH standards. The law protects workers who remove themselves from situations that could endanger their health or safety without jeopardy to their employment.

The Inspectorate of Labor has responsibility for enforcing OSH laws through inspections and legal action if inspectors find infractions. The number of inspectors was insufficient to enforce the law in all instances, although the number of inspectors and infractions identified increased since 2014. The penalties were not sufficient to deter violations, with 45,605 violations identified in 2018, the latest year for which data was available. Unions criticized the government for devoting insufficient resources to inspection and enforcement. The most common workplace violations included OSH in the construction sector and infractions of wages and social security benefits on workers in the informal economy. The Ministry of Labor issued specific COVID-19 guidelines addressed to self-employed persons and companies that included measures to protect the health of workers.

In 2019 the Ministry of Labor recorded 650,602 workplace accidents, of which authorities considered 4,518 as serious but nonfatal. There were 716 fatal accidents, 13 fewer than in 2018.

Through July the Ministry of Labor recorded 263,434 workplace accidents, of which 418 were fatal accidents, 47 more than the same period in 2019.

During the government-decreed state of alarm, many domestic workers reportedly were dismissed from their employment in Madrid because they were unable to obtain the required employer-provided paperwork to travel between city districts due to their irregular status. Prior to the pandemic, the UN special rapporteur on extreme poverty and human rights in February described extremely poor living conditions for seasonal migrant workers in Huelva, including the lack of clean water and electricity, as well as inadequate sanitary conditions. Rights groups had long criticized migrant worker conditions in Huelva, noting exploitative labor conditions, physical abuse, sexual assaults, and racism.

After the Moroccan government closed its borders in March due to the COVID-19 pandemic, an estimated 7,100 Moroccan seasonal strawberry pickers, mostly women, were trapped in Huelva in unsanitary and overcrowded conditions, unable to repatriate following the termination of their contracts in mid-June. On July 15, the Spanish and Moroccan governments announced an agreement to repatriate the workers.

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