The global financial and economic crisis is fuelling retrogression in economic and social rights enjoyment in Spain. Unemployment, poverty and inequality have only increased since 2008, and now stand at historic highs, putting Spain at the tail end of Europe on many socioeconomic indicators.
At the same time, the State has used the crisis as a pretext to reduce social spending and roll back the legal guarantees needed for the realization of ESC rights. This in a country where the weak justiciability and enforceability of ESC rights has already been criticized.
Given the gravity of the economic and social situation in Spain, the country???s presentation before the Committee on Economic, Social and Cultural Rights in May ??? the first time it will appear in eight years - offers a pivotal opportunity to hold the State accountable for its actions. It could also set a precedent on how the Committee addresses states??? compliance with their human rights obligations in times of economic recession.
In this critical context, CESR has coordinated a parallel report with 18 civil society organizations to provide an alternative account to the State???s 5th Periodic Report to the Committee. The document provides an in-depth analysis of the current situation of ESC rights in Spain in light of the economic and financial crisis. The parallel report particularly examines violations of the right to work, the right to social security, the right to a decent standard of living, the right to housing, and the rights to health and education.
While the State report fails to touch upon the crisis and makes no mention of poverty, the parallel report notes that one in four people in Spain is at risk of poverty and social exclusion. This rate is particularly high among children, for whom deprivations in early development could result in long-term consequences for future ESC rights enjoyment.
Although austerity measures have focused on attacking investment in key social sectors???notably health and education???through budget cuts, Spain could pursue alternative policies to increase its fiscal space and comply with the obligation to use the maximum of available resources, including through policies aimed at resource generation.
The crisis has also brought a spike in inequality between the richest and poorest income quintiles, with Spain now ranking among the most unequal countries in Europe. This demonstrates that efforts to ensure the wealthiest pay a fair share of the tax burden, so as to redistribute resources and thereby protect vulnerable groups during this critical time, are failing, as recently noted by the OECD.
Spain has one of the largest shadow economies in the OECD, comprising about 23% of its annual GDP and a tax loss equivalent to ???88 billion in 2010, according to the Spanish Union of Tax Inspectors (GESTHA). The country will have much to answer for come May, particularly after the 2012 budgets, which programmed even much deeper cuts, were released on March 30. Efforts by the State to meet deficit targets must not sideline its human rights obligations, which include conducting assessments of the impact of austerity measures on vulnerable groups.
Spain will be reviewed by the Committee on Economic, Social and Cultural Rights on May 7-8th, 2012 in Geneva. The civil society organizations which participated in the parallel report coordinated by CESR include:
- Observatorio de Derechos Econ??micos, Sociales y Culturales (Observatori DESC)
- Asociaci??n Aspacia
- Asociaci??n Espa??ola para el Derecho Internacional de los Derechos Humanos (AEDIDH)
- Comit?? Espa??ol de Representantes de Personas con Discapacidad (CERMI)
- Confederaci??n Espa??ola de Agrupaciones de Familiares de Personas con Enfermedad Mental (FEAFES)
- Coordinadora de ONG para el Desarrollo-Espa??a
- Creaci??n Positiva
- Federaci??n de Entidades de Apoyo a las Personas sin Hogar (FEPSH)
- Fundaci??n Secretariado Gitano
- Fundaci??n Tri??ngulo
- M??dicos del Mundo
- Movimiento Cuarto Mundo Espa??a
- Plataforma Unitaria de Encuentro para la Democratizaci??n de la ONCE (PUEDO)
- Provivienda
- Red Activas
- Red de Lucha Contra la Pobreza y la Exclusi??n Social (EAPN)
- Red Espa??ola contra la Trata de Personas
- Save the Children
On the occasion of the new Presidency in January this year, CESR also wrote a joint letter with Amnesty International Spain and the Observatori DES, to remind the State of its human rights obligations in times of economic austerity.