Diagnostic study of secondary sources about discrimination in Spain

MINISTRY OF HEALTH, SOCIAL SERVICES AND EQUALITY
Diagnostic study of secondary sources
about discrimination in Spain
EXECUTIVE SUMMARY
September 2013
Research carried out by RED2RED for the Ministry of Health, Social Services and Equality.
This report has been co-financed by ESF (2007ES05UPO003).
Research team:
Anabel Suso Araico y Marta Castillo Charfolet.
Direction and coordination:
Subdirectorate General for Equal Treatment and non Discrimination: Ignacio Sola Barleycorn,
Javier Fernández González y Rosario Maseda García.
Translation and revision:
David Barrancos Larráyoz y Pablo López Pietsch.
Design and lay-out:
Caja Alta Edición & Comunicación.
Ministry of Health, Social Services and Equality
Publication Centre
Paseo del Prado n.º 18 – 28014 - Madrid
NIPO: 680-13-005-1
E-mail: [email protected]
www.msssi.gob.es
www.060.es
Index
1. Reasoning, aim and methodology..................................................................4
2. Framework of analysis and contextual elements...............................................5
3. Working methodology..................................................................................7
4. Main conclusions and recommendations regarding the drawing up
of the map of discrimination..........................................................................9
3
1. Reasoning, aim and methodology
The present study is part of a larger-scale project aimed at the creation of a Map of Discrimination in
Spain for which we have started the analysis of the available secondary data sources in this field of study,
trying thus to respond to a critical problem identified in our country: the absence of official statistics on
discrimination and the lack of studies that provide knowledge on the subject in a systematic and comprehensive way, that allow to analyze its evolution over time, its manifestations, causes, consequences and
potential solutions.
Therefore, this analysis is the first step for the realization of a Map of Discrimination in Spain, which
aims to understand the social perceptions and the perceptions of potential victims of discrimination, as
well as to ascertain the specific discriminatory practices and main empirical data of discrimination in
Spain, in order to enable a better design of anti-discrimination policies.
The development of the map will consider three main dimensions:
• The social perception of discrimination.
• T he lived experiences of discrimination or the perception of these which the potential victims of discrimination have.
• T he empirical data on criminal, civil, labor and administrative crimes or offenses with discriminatory
content or motivation.
In order to meet these objectives, firstly a prospective study and a meta-analysis of secondary
data sources has been conducted, which are reflected in this study.
Secondly, with the information collected in this document, the Ministry of Health, Social Services and
Equality will be able to promote further studies on the perception of discrimination.
This work will be complemented by the systematic collection of data on the implementation of
anti-discrimination legislation, including the criminal, civil, and administrative fields, in cooperation with
other relevant departments.
In this context, a comprehensive and critical review of secondary data sources on discrimination,
whether periodic or not, has been conducted, both at national and European level, aimed at the following objectives:
• Identify major entities, public or private, that produce statistical information and/or studies on
the phenomenon of discrimination in Spain.
•G
et a critical overview of the importance and scope of the statistical sources available and the
previous studies, regarding the phenomenon of discrimination in our country.
• Detect any gaps in research and knowledge in the field, or bias in the type of analysis performed.
•A
nalyze the application of a gender perspective within the available statistics and studies in order to
compare the analysis regarding the different inequalities that interact and intersect with gender.
•P
rovide a set of recommendations in terms of operational proposals, in order to fill the knowledge and
information gaps identified (statistical operations, lines of research, new approaches, etc.).
Finally, the interest of this study with a view to drawing up the Map of Discrimination in Spain lies,
therefore, in the efforts undertaken to identify and analyze the main contributions regarding the corpus
of research generated in this area in recent years, a necessary task in order to move forward in the fight
against discrimination.
4
2. Framework of analysis and contextual elements
In this study, DISCRIMINATION is considered, in general terms, a differential and less favorable treatment
of a person, a group or an organization, based on one or more particular features.
From a legal point of view, any discrimination or discriminatory act involves a violation of the principle
of equal treatment which protects any person under the provisions of the normative and jurisprudential
acquis of both the EU and our country. Consequently, the principle of non-discrimination is an essential
complement of the right to equality and a guarantee for the enjoyment of fundamental rights and public
freedoms, directly linked to human dignity.
For the purposes of this study, the individual and/or group features that can be involved in or motivate
discrimination are highly diverse; this study addresses what are considered to be the six main discrimination grounds1:
• SEX is the most widespread ground for discrimination, constituting a variable that must be
considered both specifically and as a cross-sectional dimension in the analysis of the other discrimination grounds In the analysis of this ground the “gender” dimension has also been taken into account,
as the social construction of gender determines the unequal places that men and women have in
society.
• RACE OR ETHNICITY.
• AGE.
• DISABILITY.
• RELIGION OR BELIEF.
• SEXUAL ORIENTATION AND GENDER IDENTITY.
However, discrimination is not an unchangeable phenomenon; it changes over time and can be due
to a wide variety of causes or circumstances. In this sense, the framework of analysis of this study also
addresses further discrimination grounds, classified under the generic category of “OTHER GROUNDS
OF DISCRIMINATION”.
If the phenomenon of discrimination is easy to perceive but difficult to determine in its exact boundaries
for the purpose of its study, the approach to the reality of discrimination constitutes even a further twist to
the challenge of the research2.
This study is based on the premise that the various statistical and documentary sources can address the
discriminatory phenomenon in all its complexity, regarding not only the apparent manifestation of a
single discriminatory factor, but a combination of several of these discrimination grounds in a specific
form of multiple discrimination. This premise is reflected all along this radiography of sources and available data on discrimination in Spain.
As regards the areas and the most common situations in which discrimination occur, in line with
the conclusions reached by the main pieces of research in this area, the analysis has focused, in
general terms, in the following areas of discrimination, which comprise in turn different sub-areas of
analysis:
1
According to the main European Directives on discrimination and in line with Art.19 (ex Art.13) of the Treaty on the Functioning of the
European Union, which is the keystone of the antidiscrimination legal system of EU law.
2
For further clarification, please refer, among other documents, to the article, by Fernando Rey Martinez, “La discriminación múltiple,
una realidad antigua, un concepto nuevo”, published by the Universidad de Ciencias Empresariales y Sociales (CES) in its Law Review
No. 13, 2009, pp.177- 207. 4, http://dspace.uces.edu.ar:8180/jspui/bitstream/123456789/715/1/La_discriminaci%c3%b3n_m
%c3%baltiple.pdf
5
2. Framework of analysis and contextual elements
1. WORKPLACE. It encompasses all aspects of employment and occupation:
• Access to employment (recruitment and selection).
• Training and career.
• Harassment in the workplace.
• Dismissal.
• Public employment services.
• Social protection and social benefits.
2. PUBLIC SERVICES. It comprises all policies and administrative institutions, mainly at local level, regarding
which a person may experience discrimination:
• Health and medical assistance.
• Education, schooling and access to educational resources.
• Social services.
• Spatial planning, urban planning and environment.
• Mobility and transports.
• Public safety: police and justice.
3. HOUSING AND RESIDENTIAL ENVIRONMENT. It includes all aspects relating to the access to housing
and residential conditions, namely:
• Access to home ownership.
• Access to rental housing.
• Municipal housing services.
• Residential habitat.
• Neighbourhood relations.
4. PUBLIC SPACES. It comprises a large set of elements of everyday life, personal relationships and social
life of people, which takes place in public spaces and in which discrimination in a more or less subtle
manner may occur:
• Access to private goods and services.
• Shops and leisure venues.
• Technological, cultural and sport resources.
• Banking services.
• Public spaces: social relations that take place in public settings.
5. MEDIA AND ADVERTISING. It addresses those aspects of discrimination that regard advertising and
the media:
• Discrimination in the media.
• Discrimination in advertising.
6
3. Working methodology
In accordance with the objectives of this study, the working methodology that has been designed and
implemented is linked to the needs arising from the future works on the Map of Discrimination in our
country by the Ministry of Health, Social Services and Equality.
Preliminary work
GOALS
Diagnose of discrimination
in Spain
Mapping the producing
entities, available sources,
and indicators
Identification of gaps,
strengths, aspects to improve,
achievements and scope
Identification of available
secondary sources
Structuring and analysis
of the collected information
Meta-analysis
and final report
•B
y discrimination ground,
area, scope, regularity,
analyzed agents and year
of publication.
•D
esign and drawing up
of a model of systematic table that collects,
analyses and presents
information structured
by grounds, frequency
areas, and chronology.
•C
omparative study of
different sources structured
by discrimination grounds,
their strengths and weaknesses in terms of scope,
regularity and adequacy.
Diagnostic study
of discrimination
• Survey and review of available statistical sources,
documentary sources and
claims
and
complaint
records.
•
Descriptive analysis of the
information collected.
•D
esign and drawing
up of a model of
systematic table that
collects, analyzes and
presents information from
non periodical sources,
structured by grounds,
including the mapping
of the indicators.
eneral survey of all
•G
selected
sources
and
overview of research on
discrimination in Spain:
conclusions, gaps, and
recommendations.
• Additional survey.
GROUP OF EXPERTS
When designing and developing the Map, the Directorate-General for Equal Opportunities has
been advised by a group of multidisciplinary experts, which has also contributed to enrich the study.
This group of experts comprises:
– María Ángeles Duran Heras, Spanish Scientific Research Council.
– José Ignacio Pichardo Galán, Complutense University of Madrid.
– José Manuel Fresno García, Council for the Promotion of Equal Treatment and Non-Discrimination of
Persons on Grounds of Racial or Ethnic Origin.
– Félix Requena Santos, Sociological Research Centre.
– Juan Ignacio Martínez Pastor, Sociological Research Centre.
– Mariano Álvaro Page, Women’s Institute.
– María Ángeles Cea D’Ancona, Complutense University of Madrid.
– Demetrio Casado Pérez.
7
3. Working methodology
The SURVEY AND IDENTIFICATION OF SECONDARY SOURCES AVAILABLE, with respect to each of the
specified discrimination grounds, have been governed by a series of specific criteria linked to the pursued objectives:
1. Analyzed discrimination grounds, i.e., whether the source was studying discrimination in general
terms, or in terms of a specific ground or grounds.
2. Analyzed areas of discrimination. With a view to further analysis of the information it was necessary to
identify or classify the sources by areas of discrimination, whether one or several. This also intended
to make visible, as a diagnosis, the most common situations or manifestations of discrimination for
each of these areas.
3. Scope of the sources. Consistent with the objectives set out in the study, and within the framework of
the Map of Discrimination in Spain, the survey and identification of the data sources and publications
targeted primarily those of Spain and the EU.
4. Periodical character of the sources. Given that the project “Map of Discrimination” will process
the information generated as off the date of its finalization, it was necessary, in terms of the subsequent analysis, to consider the data sources and studies according to their periodical character. This
will allow to determine, in line with the study’s objectives, the achievements and the scope of the
sources and, in contrast, the existing gaps in terms of updating and periodical character of the studies.
5. Agents of discrimination. Another important issue for the identification and exploration of available
sources were the analyzed agents, understood as the individuals or groups who where the subjects
of the analysis. In this sense, the discrimination may be perceived by the general population or may
be a self-referential perception, that is, one that is expressed by a person likely to have experienced
it (either in first or third person).
6. The year of publication or production. The last criterion that has been taken into account in the identification and exploration of available sources has been the year of data production. The review
of the available sources has taken 2004 as a starting date, that is, after the entry into force of
Law 62/2003 of December 30th, on Fiscal, Administrative and Social Measures.
In parallel to the exploration and selection of sources on discrimination, an ESTIMATED DIAGNOSIS OF
DISCRIMINATION in Spain has been conducted which complements and provides the context for the
analysis of secondary data sources and research needs of the Map of Discrimination in Spain. This
diagnostic analysis consisted of:
• A documental and statistical review regarding the scope of the diagnosis of discrimination. The review
of the state of the issue was based on the reports and research conducted by organizations working in
the field of equal treatment and equal opportunities, as well as by existing observatories, on publicly
accesible data and on other academic studies on this phenomenon, for each of the discrimination
grounds covered.
• A review of complaints. A systematic review of the main assistance services for the various groups
has been conducted, be they public or belonging to the third sector, in order not only to identify the
services in place, but also the possible statistical records and/or documentary records with publicly
accesible information, with a view to its analysis.
The final phase of this study consisted of a META-ANALYSIS of the information collected, the results of
which are included in this report. This meta-analysis has required conducting:
comparative study of the various sources by discrimination grounds, their strengths and weaknesses in
•A
terms of scope, periodical character and adequacy, both from an individual and a global perspective.
• A general analysis of the selected sources, in order to draw overall conclusions and recommendations
regarding the study of discrimination in Spain so far, and with a view to drawing up the Map of
Discrimination.
8
4. Main conclusions and recommendations regarding the drawing up of the map of discrimination
The conducted analysis of the secondary sources allows to draw some general conclusions applicable to
all discrimination grounds, although there are some nuances in the case of some of them that have to be
stressed. The conclusions and recommendations set out are the result of linking the meta-analysis with the
findings and gaps identified through the analysis.
The conclusions and recommendations are intended to lay the groundwork for the Map of Discrimination
in our country with a holistic perspective, addressing the main discrimination grounds referred to, once the
main developments and achievements, as well as to the existing information gaps have been identified,
which allows for the development of different operations based on various methodologies.
The first major conclusion derived from the study is that the studies on discrimination in our country do not
have a longstanding tradition. That is most probably the reason for the lack of a reference data source that
would perform this task on a regular, comprehensive and systematic basis, providing information that helps
determine, measure and characterize the phenomenon of discrimination in all its complexity and intensity;
that is, that shows its existence, the reasons why it occurs, the areas where it is more common for each
discrimination ground, as well as the specific situations in which it takes place.
These are the main conclusions and recommendations arising from this analysis:
DIFFERENCES IN THE DEPTH OF THE ANALYSIS OF DISCRIMINATION
DEPENDING ON THE VARIOUS GROUNDS FOR DISCRIMINATION
Discrimination is a recent field of study in Spain and has been carried out very unevenly, paying more
attention to some specific grounds of discrimination than to the analysis of the common elements that
underlie discrimination.
Discrimination on grounds of sex and gender (mainly the one suffered by women), which is the most
developed field within the public policy on equality in our country, and discrimination on the grounds
of race or ethnicity, have been and are still today the most studied grounds, considering its extensive
bibliography. Behind them we find the approaches to discrimination on grounds of age, the group of
young people being one of the most studied and, to a lesser extent, but increasingly more frequent, the
elderly. Disability as a ground for discrimination has also been a frequent subject of research, particularly due to boost given in the last decade by organizations belonging to the third Sector, like ONCE
Foundation and CERMI.
Among the scarcely studied grounds of discrimination we find sexual orientation, gender identity and religion or beliefs. The analyses of these grounds only cover partial aspects and have been conducted mostly
by private entities who represent the interests of the different groups of potential victims of discrimination.
Furthermore, in recent years we have witnessed the emergence of certain “new” grounds of discriminatory treatment in our society.
RECOMMENDATIONS:
•A
t first glance, the multiplication of analysis on discrimination addressing grounds such as sex,
ethnicity and disability, compared to other grounds such as age and, to a greater extent, religion
or beliefs and sexual orientation and gender identity, along with new forms of discrimination,
must lead us to focus on deepening the analysis of discrimination related to these grounds
in order to compensate the historical research deficit.
• However, the prevalence and weight in our society of recurrent manifestations of discrimination related to sex and ethnicity, given the crucial importance of paying attention to their evolution, implies
to continue paying special attention to the study of discrimination on these grounds in our country.
9
4. Main conclusions and recommendations regarding the drawing up of the map of discrimination
• On the other hand, the scarcity of analysis on the youngest age group, that of childhood, and
the phenomenon of progressive aging of our society, that discriminates elderly people in various
areas of everyday life and has not been a widely studied reality, also requires attention.
• In terms of analysis of the discrimination related to religion or beliefs, attention has to be drawn
on the low visibility of certain minority religious groups in our country, on which no specific
analyses regarding the possible discrimination that persons belonging to those groups may suffer
have been conducted.
THE UNEQUAL DISTRIBUTION OF THE AUTHORSHIP
OF THE STUDIES DEPENDING ON THE GROUND OF DISCRIMINATION
Public Administrations have become leading producers of information, paying direct attention in recent
years, through its various agencies, to the analysis of discrimination, conducting studies either directly
or funding its realization through academia and the National Plan of R&D (now called “State Plan for
scientific research, technology and innovation”). Thus, we have developed a long history of studies that
focus primarily on the analysis of discrimination related to certain grounds that have a long tradition of
analysis (especially those that address gender discrimination and, to a lesser extent, age).
So, although in the study of discrimination related to certain grounds, such as gender, the role of public
institutions has been very prominent in the production of information (something also visible in recent
years regarding disability and ethnicity), they have not paid much attention to other causes such as
sexual orientation, gender identity and religion or beliefs.
It is also necessary to highlight the role that certain non-profit organizations, foundations and NGOs
have had in the production of knowledge on this phenomenon, particularly in the case of the analysis of
the discrimination of persons with disabilities LGBT and, to a lesser extent, the elderly.
In the case of discrimination on grounds of religion or beliefs, it should be noted that the establishment
of the Observatory of Religious Pluralism in Spain, which counts among its members researchers,
academics and representatives from various public institutions, will lead the research in this area.
RECOMMENDATIONS:
• Regarding the field of discrimination studies related to sexual orientation and identity, it seems, on
the one hand, that there should be a greater presence of the public sector and, on the other hand,
in order to continue the tradition of conducting studies developed by certain entities and associative
movements closely acquainted with the reality of the groups and the people they represent, it would
be interesting to collaborate with these organizations, as might be the case of LGBT organizations.
• T herefore, in a context of economic constraints, it appears necessary to continue supporting
these organizations that have undertaken serious efforts to generate information. This support
is also desirable for the case of third Sector organizations that are conducting analyses on
discrimination for grounds of disability.
•H
owever, the important role that public authorities can play in the research in order to extend
the quantitative and qualitative characterization of discrimination caused by religion or beliefs
has to be stressed, especially in relation to the provision of public services, regarding educational and health centers and the police and judicial system, with a view to preventing possible
discrimination on these grounds.
10
4. Main conclusions and recommendations regarding the drawing up of the map of discrimination
•G
iven the prevalence and the growing presence of discriminatory behavior in our society,
based on sex and ethnicity, the public authorities have become a fundamental agent in collecting complaints of discrimination that continue to occur based on these grounds.
DISPARITY IN THE DEPTH OF THE ANALYSIS OF THE DIFFERENT AREAS
The areas of employment, public services and/or some public spaces, have been, in general, relatively
more studied in recent years. However, there are certain aspects on which there is less information available. Among them is the area of housing, habitat and personal and social environment. Thus, analyses
are particularly scarce in the field of neighbourhood environment and housing; although the analysis in
this area may be irrelevant for some of the discrimination grounds (gender and age, for example),
in others, like religion or beliefs, or sexual orientation and gender identity, it could be an area of interest,
which, however, has not been studied sufficiently.
With regard to public services, its analysis is uneven in scope depending on the type of service in
question. Thus, although attention has been paid to the discrimination of young people in education
centers based on their sexual orientation, the analysis concerning discrimination related to ethnicity and
religion or beliefs has been less important, despite the weight that this early socialization stage has in
the personal development of people and the cases of discrimination experienced by girls and boys
in education centers.
Another area that has not been thoroughly analyzed is the issue of public safety: for example, in general,
immigrants and ethnic minorities are under increased surveillance, and often have to go through more
personal identifications and body searches than the rest of the population, generating the phenomenon that international organizations call “ethnic profiling”, issues that have been discussed in different
European transnational projects. Security policy at the local level has a huge role to play in the social
perception of equality, of risk, of vulnerable groups or of the “usual suspects”.
Neither are public spaces an area that has been studied sufficiently in-depth, especially in relation to
certain discrimination grounds such as sex, race or ethnicity, and disability.
While studies have proliferated in the area of gender violence, the manifestation of discrimination has
not been studied with the same depth when it adopts the form of violence against the elderly and violence suffered for grounds of sexual orientation or identity.
Another area of analysis in which gaps regarding information production have been identified are the
media. While several relevant publications with in-depth analysis regarding discrimination on grounds
of to sex have been found in the media (promoted from the National Women’s Institute and various
regional bodies for equality, which even have observatories on sexist advertising), as well and some
studies examining the treatment given to people on grounds of their ethnicity (that’s for example the
case of the annual report on roma people discrimination, produced by Fundación Secretariado Gitano),
barely some other publications have been found regarding the elderly, people of minority religions,
LGBT people and people with disabilities. Although there are more and more guidelines for non-sexist
language and non-discriminatory language regarding ageism and disability, there is still a long road to
go regarding the monitoring of the role that the media are playing in the construction of stereotypes and
prejudices that lay the ground for discriminatory behavior.
One of the most successful and extended media in our days is the Internet, a real-time information
medium, which entails endless possibilities at global level and easy and quick access, yet not without
hazard. There are more and more social organizations concerned with increasing internet contents
that provoke racism, xenophobia and even violence, but they are apparently still insufficient.
11
4. Main conclusions and recommendations regarding the drawing up of the map of discrimination
RECOMMENDATIONS:
•R
egarding the studies conducted in recent years for most of the grounds discussed, one of the
areas that has been less discussed is housing; it would be interesting to fill this information
gap with an in-depth analysis of the manifestations of discrimination in access to housing and
neighbourhood environment, paying special attention to the religion or beliefs of the people
and their sexual orientation and identity.
• T he lack of studies about the discrimination that occurs in the school environment makes a thorough, more qualitative analysis desirable, which analyzes the manifestations of discrimination
that occur during childhood, related to ethnicity and religion or beliefs of the people.
• The public safety environment is also an especially problematic area in the analysis of discrimination, which is widely studied by European agencies but not so much in our country, where it
should be studied more deeply, especially with regard to discrimination on grounds of ethnicity.
• The analysis of discrimination by the media has emerged from the meta-analysis as one of the
less developed areas for most of the discrimination grounds. This area requires a monitoring
system that contributes to reporting the violations of the rights of individuals based on the analyzed grounds. The reason for this need is the decisive role of the media in building public opinion,
stereotypes and prejudices (especially with regard to ethnicity, religion or beliefs and disability).
• Internet itself, which has been little studied so far in our country, requires a thorough analysis of
the discriminatory content that is propagated online. This requieres specific analysis techniques
that allow to identify the manifestations of discrimination channelled through this medium.
ABSENCE OF AN INTEGRATED PRIMARY SOURCE FOR THE COLLECTION
OF INFORMATION ON THE DIFFERENT DISCRIMINATION GROUNDS
IN OUR COUNTRY
Since the production of primary information, whether statistical or qualitative, is not very prolific, there
are only few studies based on primary sources in our country.
That is why methodologically, in the case of most of the analyzed grounds, the majority of studies
and reports approach the analyzed reality through secondary data sources and not through its own
production. When specific field work is conducted, it is in most of the cases a qualitative analysis, which
is usually less costly, if we leave aside some important polls and major surveys such as the ones conducted
by some public agencies or third sector organizations with varying periodicity.
RECOMMENDATIONS:
• Given that the production of data and information on discrimination in our country is of plural
and dispersed nature, and therefore hardly allows to monitor its evolution, it is of great interest to
develop a framework study on discrimination related to the different grounds that could contribute
to setting up the Map of Discrimination in Spain. This study should have a national scope and
contribute to identify the boundaries of existing discrimination from the point of view of those who
may potentially experience it, as well as from the point of view of the general population. This study
could be replicated from time to time provided that monographic analyses by specific groups were
conducted, in which case they should be replicated more regularly. The feasibility of using indicators, in this study, that would allow for a comparison with data from EU discrimination surveys like
the Eurobarometer, should also be considered.
12
4. Main conclusions and recommendations regarding the drawing up of the map of discrimination
• While a quantitative longitudinal approach, based on surveys and/or polls, is key to approaching
the reality of discriminatory unequal treatment in our country, this approach can be complemented
with qualitative in-depth work focused on the discrimination agents, which allows to have a closer
look at the grounds and ultimate roots that explain certain discriminatory behaviors and at the
consequences for people who are discriminated against.
PRODUCTION OF INFORMATION REGARDING THE DIFFERENT
ACTORS THAT ARE INVOLVED IN A DISCRIMINATION
The measurement and analysis of the phenomenon of discrimination take different perspectives, methodologies and directions. Among the most common ones we can find official statistics, opinion surveys measuring the social perception of the population, studies on specific experiences of discrimination, on the
attitudes of the population towards different groups and reports on complaints based on discrimination.
In our country, as revealed by the meta-analysis, there is a vast literature that implies an indirect analysis of discrimination, dealing more with inequality and indirectly attributing its origin to an underlying
discrimination. This is particularly prevalent in certain areas such as the labor market, regarding certain
characteristics or features of individuals, such as gender, ethnicity or age. While this is a valuable contextual information that helps to identify certain inequalities in our society, its existence does not automatically imply discriminatory treatment. Therefore, there is a need to expand and take a deeper look
at the causes of these inequalities in order to reach a conclusion on discrimination.
There is also a tradition of surveys or barometers through which the Spanish population expresses its
opinion (social perception) about certain discrimination grounds (mostly statistics from the CIS, the Spanish Sociological Research Centre, and some surveys from INE, the National Statistics Institute) and, to a
lesser extent, about their attitudes towards different groups or minorities.
On the other hand, the study has identified a lack of habit of consulting with the potential victims of
such discrimination, which is essential to know in depth the phenomenon in all its dimensions– and
specificities. Throughout this paper it has been shown that not to resort to potential victims implies
in a large number of occasions forgetting certain groups of people and their realities (people of certain
faiths, certain age groups, transgender people, etc.).
This deficit is particularly significant regarding age groups, where there is little research concerning
the self-perception of discrimination of different age groups, and even less, although this may entail
certain methodological peculiarities in the method of approach, the experienced or perceived discrimination by children.
Although the case of disability is a good example of the efforts made by government agencies such as
the National Statistics Institute to identify not only the unequal status of people with disabilities, but also
their perception of discrimination, the scarcity of updated information makes more regularly conducted
studies desirable, that allow to analyze the evolution of discrimination.
RECOMMENDATIONS:
• T he analysis of discrimination and its significance (even its quantification) from a holistic perspective requires a combined and continued analysis of different types of information sources,
starting from a wide range of contextual indicators which reveal inequalities and/or gaps based
on the analyzed grounds, and which allow to draw a scenario of potential areas of discrimination.
13
4. Main conclusions and recommendations regarding the drawing up of the map of discrimination
• T he experience of discrimination should, however, be analyzed in more depth by resorting to
two sources: on the one hand, surveys and indicators regarding the perception or opinion of
the general public about the potential discrimination that occurs in a given area, as well as the
behaviors and/or discriminatory treatments, and the frequency with which they occur in our
country; and, on the other hand, surveys and indicators regarding the perception of discriminatory behavior by potential victims. These sources should be complemented with information
from the records of complaints about discriminatory acts, and crimes and judgments related
thereto.
• If we consider discrimination as a structural issue, the statistics take on great evidence value:
to analyze, for example, the concentration or dispersion of the population in the space of a
municipality depending on certain characteristics (e.g., age or origin), or the presence of men
or women in the labor market can show where the discriminatory biases of a society or a place
are; it also emerges in schools in which diversity is threatened. To the extent that this results in
a violation of the civil rights and in unequal treatment, discrimination may be occurring. It is
in this field where we need a thorough work of definition and consensus on the indicators that
help define this structural discrimination.
• T here should be more profound discussions regarding the manifestations and measurement of
discrimination, and a system of indicators should be developed that allows to collect information on structural discrimination that derives from segregation processes of various kinds.
•C
onsidering the remarkable deficit of analysis of self-referential perceptions in the analysis
of discrimination regarding several of the grounds studied in our country, the analysis of the
perception of potential victims should be improved through the collection of information on selfreferential experiences and opinions (which is particularly scarce regarding the elderly, people
with disabilities, LGBT people, religious minorities, etc.).
APPLYING A GENDER MAINSTREAMING PERSPECTIVE
With regard to the introduction of the gender perspective in existing analyses, it was found that, while
the vast majority of publications in the field break down data by sex and, in some cases, introduce specific analysis of the particular situation of women, a genuine gender mainstreaming is not applied, which
implies going beyond this breakdown of information, considering other specific situations, regulations
and other constraints that, in certain contexts, affect women specifically because of their condition and
circumstances. Apply mainstreaming correctly also implies the use of a non-sexist language that reflects
reality encompassing both sexes, etc. In this regard, the studied literature provides a descriptive view
of reality that, in general terms, is incomplete and unsufficiently systematized (for instance,only some
analyses have studied the environment of ethnicity and that of disability), leaving the phenomenon of
multiple discrimination suffered by women unanalyzed.
RECOMMENDATIONS:
• Applying a mainstreaming gender perspective in the studies of discrimination is an aspect that
should continue to be promoted by public authorities, not only when conducting their own studies,
but also regarding all those that they finance and are conducted by third parties.
• More specifically, although the gender perspective is applied in the analysis of discrimination
related to sexual orientation and gender identity, it would be particularly interesting to go deeper
into the analysis of these grounds, given the few studies available, which show the invisibility of
women lesbians and transgender and the discrimination they suffer.
14
4. Main conclusions and recommendations regarding the drawing up of the map of discrimination
ABSENCE OF A BAROMETER WHICH ANALYZES THE AWARENESS
OF CITIZENS’ RIGHTS REGARDING DISCRIMINATION
An important chapter of this study concerns the awareness of the rights of the citizens regarding
discrimination, as well as the awareness and appraisal of the existing services of assistance and the
various policies that have been implemented in order to curb discrimination. Although some studies in
this latter area have been identified, the analysis of the degree of awareness of the fundamental rights
of citizens is still unsatisfactory.
RECOMMENDATIONS:
It would be desirable, within future studies on discrimination, to look deeper into matters related to
the awareness of the rights granted by law to the people of our country on non-discrimination, rather
than to their assessment of public policies in this field. Awareness of these policies is undoubtedly an
important aspect, but the important side in the exercise and the defense of one’s rights is the availability of specific information about the individual rights of the person, the mechanisms in place and
the available resources.
DESIGNING VISIBLE MECHANISMS TO REPORT DISCRIMINATION
In general terms, the population has a low degree of awareness of their rights and the resources available. The dispersion and fragmentation of the assistance resources for people that are discriminated
against do not contribute to the visibility of this phenomenon and restrain the affected people from
reporting it.
There are no official records of complaints regarding discrimination on whatever grounds, apart from
lists of cases, with more or less rudimentary character, as mentioned in the relevant section. This state
of affairs does not allow to assess the reaction to discrimination by its victims, and consequently neither
does it allow, to adopt measures that solve this problem.
RECOMMENDATIONS:
•G
iven the plurality of services that receive the complaints regarding discrimination on the different
grounds, it is pertinent to demand a comprehensive mechanism that homogenizes data collection and offers a global perspective on the reported situations of discrimination on the different
grounds.
• In the absence of protocols for collecting information on complaints and given its scarcity, it seems
necessary to adopt protocols that provide objective data on the complaints and allow for adequate attention to cases and legal proceedings related to discrimination.
• T he first step necessary for that purpose is the implementation of specific protocols for the State
Security Forces that could help agents to identify and collect grounds for discrimination. A good
example in this regard is that of the protocols on- gender violence, which have achieved significant progress in the collection of reliable data. The implementation of the aforementioned practices and the development of further protocols against discrimination would be very important in
the fight against discrimination at national level.
15
4. Main conclusions and recommendations regarding the drawing up of the map of discrimination
•A
nother important experience that has established a benchmark in our country is the work done
by the Hate Crimes and Discrimination Unit of the Provincial Prosecutor’s Office of Barcelona,
which has been replicated by other prosecutor’s offices like the one in Madrid, or the one in
Málaga. In conclusion, to the extent that the legal and police services act according to a specific
protocol, we will be able to collect objective data from the complaints and legal proceedings in
which there is a discriminatory motivation data which are currently missing. This data should be
public and should be provided for management and publication according to certain standards
that would allow their comparison over time.
•G
iven the scarcity of official statistics and standardized records of complaints about discriminatory situations, one of the new techniques that we should promote in order to define the prevalence and extent of discrimination is that of the “situation testing”, i.e., experimental testing that
checks whether there has been a situation of discrimination through people who are in the same
position or have the same characteristics as the people that have been allegedly discriminated
against (a technique that is easy to apply in regard to, for example, access to certain spaces,
services or goods, but more difficult to apply in other contexts).
16
MINISTRY OF HEALTH, SOCIAL SERVICES AND EQUALITY
Diagnostic study of secondary sources
about discrimination in Spain
EXECUTIVE SUMMARY