Implementation issues

AuthorLorenzo Cachón
Pages86-89
86
8 IMPLEMENTATION ISSUES
8.1 Dissemination of information, dialogue with NGOs and between social
partners
a) Dissemination of information about legal protection against discrimination (Article 10
Directive 2000/43 and Article 12 Directive 2000/78)
Spain has undertaken some campaigns to disseminate anti-discrimination rules. It cannot
be said that there have been major campaigns to spread awareness of the anti -
discrimination rules tha t have had significant effects. However, there has been a marked
improvement in anti-discrimination awareness, especially in areas such as gender,
disability and sexual orientation.
b) Measures to encourage dialogue with NGOs with a view to promoting the principle of
equal treatment (Article 12 Directive 2000/43 and Article 14 Directive 2000/78)
In the field of disability, t he National Disability Council (Consejo Nacional sobre la
Discapacidad) was established by the General Law on the Rights of Persons with
Disabilities and their Social Inclusion (RLD 1/2013) . The council has 15 members
representing various bodies within national Government, 15 members representing
associations of persons with disabilities of various kinds and four expert advisors. Its
functions include the issuing of reports, of a mandatory, non-binding nature, on draft
regulations affecting equal opportunities, non-discrimination and universal
accessibility. It is therefore a body with powers in the field of equal treatment in
employment and occupations in line with Directive 2000/78, implement ing the
provisions of the directive’s Articles 13 and 14. Despite this council’s major role in
relation to disability in Spain, it does not meet the criterion of being an independent
mechanism’ as provided by Article 33 of the UN Convention on the Rights of Persons
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 immigrant
integration. It consists of 10 representatives of the public admin istration, 10
representatives of immigrants’ associations and 10 representatives of social support
organisations, including trade unions and employers’ o rganisations with an in terest
and involvement in the field of immigration.143
The Advisory Commission on Religious Freedom, created by the Organic Law on
Religious Freedom (OL 7 /1980), aims to revi ew, report on and present proposals with
respect to issues relating to the enforcement of the law, religious discrimination being
one of these issues. Representatives of churches, denominations and religious
communities or federations, appointed by th e Ministry of Justice, participate i n this
body.
c) Measures to promote dialogue between social partn ers to give effect to the principle
of equal treatment within workplace practices, codes of practice and workforce
monitoring (Article 11 Directive 2000/43 and Article 13 Directive 2000/78)
Collective agreements between representatives of employers’ organisations and trade
unions are used to implement the principles of the directives.
On 30 January 2003, representatives of the Spanish C onfederation of Employers’
Organisations (CEOE), t he Spanish Confede ration of Small and Medium-Sized Companies
(CEPYME) and the trade unions, Comisiones Obreras (CCOO) and the Unión General de
143 This body is regulated by Royal Decree 3/2006 of 16 January 2006 on the make-up, competences and
procedural rules of the Forum for the Social Integration of Immigrants.

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