Spain fails in legal fight against racism, even if it is not the worst performer in Europe

Real Madrid player Vinícius Junior is leading a battle against racism. The Brazilian said in an interview that Spain should not host the 2030 World Cup if it does not make progress in the fight against racism. His remarks have sparked much controversy and have been rejected by the captain of the Spanish team, Dani Carvajal, who has downplayed the problem, and by the government, which has assured that diversity is respected in Spain. However, Vinícius is right: racism is structural, as in all of Europe, even if Spain is making more progress in the legal fight to eradicate it than neighboring countries.

“Racism is embedded in the structure and policies of our society. It is a common and general problem. In Spain, we have seen many cases of structural racism in different areas, such as housing, employment, etc.,” says Carmine Conte, senior legal analyst at the Brussels think tank. Migration Policy Group who coordinated a report on the situation of structural and institutional racism in eight European countries (Spain, Germany, Netherlands, Latvia, Greece, Czech Republic, Romania and Sweden).

“Our research indicates that there are various forms of structural and institutional racism at the national level, perpetrated by the state and public institutions. The main laws, regulations and procedures of the eight countries ignore the needs of marginalized and/or racial and ethnic minorities and contribute to promoting structural and institutional racism,” the document states, which mentions “segregation in housing and schools, racial profiling, administrative practices, barriers to access to basic services, lack of positive measures and awareness of racism among public officials” as common factors. Another example among the most palpable is that of police violence against foreigners.

Spain is “saved” by the “Zerolo law”

The report therefore finds deficiencies in all countries, but places Spain in a better position with regard to the legal battle against structural and institutional racism, which involves modifying the legal imbalances that perpetuate situations of inequality, and thus also contributing to the reduction of racism that some individuals exert directly on others, as in the case of the insults against Vinícius. “If we had to choose a country for the World Cup based on the level of racism, it would be quite complicated, because it is everywhere,” explains Francesco Pasetti, lead researcher of the study. CIDOBBarcelona Research Center.

The main reason why Spain does not fare so badly in the report is the approval of the Comprehensive Law for Equal Treatment and Non-Discrimination in 2022, which makes Spain the only country that reflects in its legal framework the existence of structural racism. In addition, it is one of the four countries with a strategic plan to combat racism and discrimination. “Spain is one of the countries that has made the most progress compared to others, such as Holland or Germany,” explains Conte.

Lack of resources and personnel

However, moving from theory to practice is more complicated. “Spanish policy is very good on paper, but quite bad in practice. If we read the policies as published in the BOE, they are full of recognition of rights, equality, which is very good; but there is often a lack of resources, tools and executive measures for the implementation of these measures to be effective,” says Pasetti, who was one of the experts in the analysis of Spain for this report.

“It's a good first step, but we need specific policies,” says Conte, who mentions awareness-raising measures, for example. “Booing a football player because of his colour is really bad and the Spanish government should do something to defend the players, raise awareness among the fans, etc.”, he stresses.

“The measures of recent years are very positive. Now I think the most important aspect is the implementation, the ability to make the right to equality and not to be discriminated against not only recognized by law, but a real right. And this requires resources, personnel, training, communication and a lot of collaboration between institutions,” adds Pasetti.

The report acknowledges that it takes time to see the fruits of legal changes. And, given that racism took root in Spanish society centuries ago after colonisation, is it time to become a less racist country in 2030? The Migration Policy Group researcher says that this is one of Europe's main challenges and that it relies largely on improving the revision of the EU Action Plan against Racism, which expires in 2025. “In the next five years, it is crucial that all member states implement the European action plan and adopt their national plan to combat racism,” Conte says.

The rise of the far right is wreaking havoc

Pasetti makes a more pessimistic point about the possibility of improvement. “In the political context, due to the state of the immigration issue“I think it shows the opposite,” he reflects at a time when the continent is increasingly tending towards a “fortress Europe” with the tightening of immigration policies which have even led to the re-emergence of border controls in the Schengen area.

In addition to motivating this hardening on the part of governments, the rise of the far right This also contributes to increasing racist and xenophobic attitudes. “European far-right movements have been very active in providing narratives and proposing measures that ultimately intensify racial discrimination and hate speech against minorities and create a hostile environment,” the Migration PolicyGroup report says.

However, another problem that institutions are accumulating in this battle is the lack of official data on racial or ethnic discrimination. “No country exhaustively collects ethnic or racial data (…) to assess the policies and practices that perpetuate structural racism,” says the report, which points out, in the case of Spain, the problem of underreporting: In 2021, there were only nine sentences for racism. According to data from the Ministry of the Interior, the Hate crime complaints have increased last year, 21.3%, with racism and xenophobia being the main threats.

“Many Member States have launched reforms to complement their national laws aimed at combating racial discrimination. But the fact that such legislation exists does not necessarily mean that equal rights are guaranteed to all those living in that society. It is not enough to criminalise discrimination; we must also combat it by ensuring that the provisions provided for are effectively implemented and put into practice. The same applies to the provisions of criminal law prohibiting racist acts. For all these provisions to be effective, it is imperative that all authorities apply them, including the police and the judiciary,” Isil Gachet, Executive Secretary of the Council of Europe’s Commission against Racism and Intolerance, recently stressed in a statement. article.

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