Equality bodies

The word “independent” does not appear in the definitions of these three functions in the law, but does in Royal Decree 1262/2007. Its make-up is of a fundamentally governmental nature, as the law states that the council is to be formed by all the ministries with responsibilities in the areas referred to by Article 3.1 of Directive 2000/42, with the participation of the autonomous regions, the local authorities, the employers’ organisations and trade unions, and other organisations representing interests related to the racial or ethnic origin of persons. This council was set up on 28 October 2009 and became operational on that date.

The council consists of a chair and 28 members,14 of whom are members of public administration and 14 of whom are social partners and stakeholders. They are distributed as follows: a) seven members representing central government, all with the rank of director general; b) seven members from other tiers of government; c) four members from the social partners; and d) 10 members representing organisations and associations whose activities are linked to the promotion of equal treatment and non-discrimination on grounds of racial or ethnic origin.

Its functions include the three functions described in Article 13.2 of the directive. The word “independent” does not appear in the definitions of these three functions in Law 62/2003, but is used in Royal Decree 1262/2007. Its functions, as formally defined by this Royal Decree in Article 3,are:

a) Providing independent assistance to victims of direct or indirect discrimination on grounds of racial or ethnic origin in pursuing their complaints; b) Conducting independent and autonomous surveys and analyses, and publishing independent reports, concerning discrimination [...]; c) Promoting measures conducive to equal treatment and the elimination of discrimination on racial or ethnic grounds, and, where applicable, making appropriate recommendations and proposals [...].

In its definition of the council’s functions, Royal Decree 1262/2007 assigns others that are not included in the directive. It provides that the council may: a) advise and report on indirect anti-discrimination practicesin its various spheres of action; b) promote informative, awareness and training actions to promote equal treatment and non-discrimination; c) establish information exchange and cooperation relationships with similar bodies; and c) establish cooperation and partnership mechanisms with other bodies, entities and high institutions working to defend fundamental rights.

Title III of the Comprehensive Bill on equal treatment and non-discrimination (see point 2) will create the "Authority for the equal treatment and non-discrimination" that will correspond to the characteristics of the equality body provided for in the directives.

In addition, the National Disability Council on Equal Opportunities, Non-discrimination and Universal Accessibility for Disabled People was reformed under Law 51/2003 and regulated by Royal Decree 1865/2004. This council is an inter-ministerial collegiate advisory body that institutionalises the collaboration of associations of disabled people and their families with national government. The council started its work in 2005.

Royal Decree 891/2005 (27 July) set up the National Roma Council as a collegiate participatory and advisory body on general and specific public policy affecting the integral development of the Roma population in Spain.

The Forum for the Social Integration of Immigrants, created by Law 4/2000, is a collegiate consultative, informative and advisory body in the field of the integration of immigrants. It consists of 10 representatives of public administration, 10 representatives of immigrants’ associations, and 10 representatives of social support organisations, including trade unions and employers’ organisations with an interest and involvement in the field of immigration.