Spain - Article 33

1 - WILLINGNESS TO APPLY THE CRPD.
Do you feel that the political and administrative authorities of your country are strongly committed to/involved in fully implementing the CRPD?

There is a certain willingness, as seen by adoption of Law 26/2011, dated August 1st, to amend legislation to bring it into line with the UNCRPD. Some other important projects have also been initiated, while there are moves for reform in areas related to CRPD article 12. 

There is a certain level of willingness, but it isn't enough and it is more of a legal commitment, as seen in the fact that laws are not applied – than a de facto one in some cases.

  • There are still serious shortcomings related to lack of compliance in our legal system.
  • Budget cutbacks are undermining some of the already insufficient progress we were making, causing a step back in terms of rights, for example in promoting personal autonomy or in improving accessibility to publicly-available services and products, and so on.

 

2 - FOCAL POINTS.
Have the focal points (i.e. points of contact) provided for in article 33-1 of the CRPD been designated in your country?

Yes. In Spain they are the Office for Human Rights in the Ministry for Foreign Affairs and Co-operation and the Directorate General for Disability Policies.

 

3 - ROLE.

What is, or will be, their role?

Their role is:

  • To inform, address and provide guidance on the issues within their remit.
  • To handle complaints and consultations on questions of non-discrimination.
  • To initiate briefing reports on issues related to non-discrimination for study and analysis.
  • To open files on those cases which may lead to lack of equal opportunities, disability-based discrimination or discrimination due to lack of universal accessibility.
  • To reply to complaints and consultations by offering information and advice.
  • Report on cases in which advice is sought to the Management Committee of the National Disability Council.
  • To put forward recommendations on disability-related issues which will lead to improvements for persons with disabilities to the National Disability Council.
  • To prepare an annual report to be submitted to the Board of the National Disability Council.
  • Co-operate and collaborate with other institutions and public and private bodies in areas concerning compliance with the purpose of the focal points.

 

4 - COORDINATION OF ACTIONS FOR THE IMPLEMENTATION OF THE CRDP AND FOCAL POINTS.
How are the focal points and the actions for the CRPD's implementation coordinated?

The co-ordinating mechanism for UNCRPD implementation in Spain is the National Disability Council. The council is a consultative body composed of 40 members:

  • Chair – the Minister for Health, Social Policies and Equality.
  • Three vice-presidents (two representing the Ministry for Health, Social Policies and Equality, and one representing organisations of persons with disabilities).
  • Sixteen representatives from ministries (Health, Social Policies and Equality; Economy and Finance; Home Affairs; Public Works; Education; Industry, Tourism and Business; President's Office; Employment and Immigration; Environment, Rural and Maritime Affairs; and Regional Policy and Public Administration).
  • Sixteen representatives from organisations of persons with disabilities.
  • Four experts.

The secretariat for the council is at the Directorate General for Disability Policies, part of the Ministry for Health, Social Policies and Equality. The secretariat co-ordinates policy and facilitates co-operation among the ministries and organisations of persons with disabilities.

 

5 - PROMOTION OF THE CRPD.
How does your country go about promoting the CRPD?

There are a number of training initiatives going on with civil society engagement, but they are not being run in an organised or planned fashion. There is a lack of awareness-raising campaigns.

 

6 - PROTECTION OF THE RIGHTS INCLUDED IN THE CRPD.
Which national authority is responsible for ensuring the effective implementation of the rights included in the CRPD?

Public powers in general, with each one being responsible within its remit.

 

7 - MONITORING OF THE IMPLEMENTATION OF THE CRPD.
In your country, which authority is in charge of monitoring the implementation of the CRPD?

The focal points and, regarding article 33.2, the Spanish Committee of Representatives of Persons with Disabilities (CERMI).

 

8 - ROLE OF ASSOCIATIONS OF BLIND OR VISUALLY IMPAIRED PERSONS. How are the associations of blind or visually impaired persons involved in the implementation of the CRPD?

N/A

 

9 - ADDITIONAL RESOURCES.
Have any additional resources (human or financial) been been made available for the implementation of the CRPD?

No – no additional resources have been provided.

 

10 - CRPD IMPLEMENTATION MONITORING REPORT.
Depending on the date on which your country ratified the CRPD, is it required to submit a report to the UN Committee on the Rights of Persons with Disabilities? If it is, has it done so?

Yes, it did so in 2010 and will submit its second report in 2014.

 

11 - SHADOW REPORT.
Have the associations of persons with disabilities presented the so-called shadow report?

 Yes – it was drawn up by the Spanish Committee of Representatives of Persons with Disabilities (CERMI).

 

12 - COMMENTS.

Do you have any comments on the implementation of the CRPD in your country?

No