CAT/C/ESP/CO/5
25.
The Committee is concerned about the particularly vulnerable situation of migrant
women in an irregular situation who are victims of gender-based violence, given that
current legislation requires the police to investigate the status of migrant women who report
acts of violence and abuse. In this respect, the Committee notes the existence of a bill to
amend Organization Act No. 4/2000 of 11 January on the rights, freedoms and social
integration of foreigners in Spain, which aims to encourage foreign women to report
instances of gender-based violence and make it possible for foreign women who report such
violence to be exempted from administrative liability in respect of their irregular situation
(arts. 13 and 16).
The State party should speed up the adoption of the bill to amend Organization Act
No. 4/2000, in order to enable foreign women in an irregular situation who are
recognized to be victims of gender-based violence to request and obtain a residence or
work permit given their exceptional circumstances.
11.
Racial violence
26.
The Committee takes note of the State party’s efforts to combat racism and
xenophobia, including the adoption of legislation on the subject and the Strategic Plan for
Citizenship and Integration (2007–2010). However, the Committee is concerned about
information indicating a higher frequency of acts of intolerance and incidents of racial
violence against migrants and persons of different ethnic or religious backgrounds and
about allegations that the authorities’ responses to these acts are not always timely or
adequate (arts. 13–16).
The State party should step up its efforts to thoroughly investigate all acts of racial
violence and punish those responsible appropriately. Legislative, investigative and
judicial responses to such heinous acts should be accompanied by an expansion of
public awareness-raising campaigns.
12.
Tasers
27.
The Committee notes that the State security forces do not use tasers, but is
concerned about information indicating that local police forces do (arts. 2 and 16).
The State party should consider the possibility of putting a stop to the use of tasers by
local police forces since, by reason of their effects on the physical and mental state of
persons they are used on, they may infringe articles 2 and 16 of the Convention.
13.
Trafficking in persons
28.
The Committee welcomes the adoption of the Plan to Combat Trafficking for the
Purposes of Sexual Exploitation (see paragraph 4 (f) above). However, the Committee
notes that the plan focuses more on prevention of the offence than on human rights and the
protection of victims. The Committee is further concerned that the Criminal Code contains
no criminal offence specifically addressing human trafficking for the purposes of sexual
exploitation (art. 16).
The Committee urges the State party to finalize the draft Criminal Code so as to
include a section specifically addressing human trafficking for the purposes of sexual
and labour exploitation. The State party should further ensure that the Plan to
Combat Trafficking recognizes the possibility that victims of trafficking may need
international protection. In this respect, the State party should:
(a)
8
Establish a national mechanism to identify all victims;
GE.09-46805