Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.
Freedom of Expression: The law prohibits, subject to judicial oversight, actions including public speeches and the publication of documents that the government interprets as celebrating or supporting terrorism. The law provides for imprisonment from one to four years for persons who provoke discrimination, hatred, or violence against groups or associations on the basis of ideology, religion or belief, family status, membership in an ethnic group or race, national origin, sex, sexual orientation, illness, or disability.
The law penalizes the downloading of illegal content and the use of unauthorized websites, violent protests, insulting a security officer, recording and disseminating images of police, and participating in unauthorized protests outside government buildings. The NGO Reporters without Borders (RSF) called the law a threat to press freedom, while the Professional Association of the Judiciary considered it contrary to freedom of speech and information. The Spanish Socialist Workers’ Party (PSOE) challenged the law in the Constitutional Court, where a decision remained pending.
Violence and Harassment: The RSF and other press freedom organizations stated that the country’s restrictive press law and its enforcement impose censorship and self-censorship on journalists.
On September 11 and October 1, unknown persons assaulted television journalists covering demonstrations for Catalan independence in Barcelona. The perpetrators were not identified or apprehended. The RSF stated approximately 50 such abuses occurred in Catalonia in 2018 and 2019.
On October 15, the International Press Institute called upon authorities to ensure an end to police attacks on journalists covering protests following the ruling of the Supreme Courte jailing leaders of the Catalan independence movement.
On November 6, Harlem Desir, the representative for the Organization for Security and Cooperation in Europe for Freedom of the Media condemned the posters that radical proindependence groups hung in Barcelona, calling six Spanish journalists “information terrorists,” including their names and the media they work for, and telling them “to stay in Madrid.” The Journalists Association of Catalonia and the Union of Journalists of Catalonia have also condemned the actions.
The Barcelona Hate Crimes Prosecutor’s 2018 report continued to document an increase in the number of hate crimes beginning in October 2017, mostly attributable to political beliefs related to the Catalan independence movement. In Barcelona Province, 40.5 percent of 412 registered cases represented hate speech and discrimination against those holding differing political views. Police reports confirmed an increase in cases of political discrimination in Catalonia. Attacks, which ranged from insults to physical assaults, increased from 121 in 2017 to 326 in 2018.
c. Freedom of Religion
See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.
Section 3. Freedom to Participate in the Political Process
The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.
Section 4. Corruption and Lack of Transparency in Government
The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. Prosecutions and convictions for corruption were rare compared to the complaints filed, mainly because of the extensive system of legal appeals.
Corruption: Corruption was a problem in the country. In 2018 courts issued 63 corruption-related rulings, of which 40 were completely or partially condemnatory and 23 acquittals. During the first half of the year, courts issued 50 corruption-related rulings, of which 37 were completely or partially condemnatory. As of January, 90 persons were in prison for corruption charges. The main continuing corruption cases involved members of center-right Popular Party, retired police inspector Jose Manuel Villarejo, former managing director of the International Monetary Fund Rodrigo Rato, and Socialist Party former officials in the Andalusian regional government.
On June 25, the Group of States against Corruption of the Council of Europe removed the country from the list of countries that applied the requirements to fight corruption in an unsatisfactory manner.
On November 19, the Provincial Court of Seville sentenced 19 officials accused of abuse of power or misuse of 680 million euros ($748 million) in public funds between 2000 and 2009. The judges ruled that the defendants were involved in illicit payouts using funding earmarked to assist the unemployed. The accused include two former Andalusian regional leaders from the PSOE and several regional PSOE officials, with some receiving six to eight years in prison and all barred from holding public office for eight to 19 years.
Financial Disclosure: Public officials are subject to financial disclosure laws and are required to publish their income and assets on publicly available websites each year. There are administrative sanctions for noncompliance.
Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights
A wide variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were often cooperative and responsive to their views.
Government Human Rights Bodies: The national ombudsman serves to protect and defend basic rights and public freedom on behalf of citizens. The ombudsman was generally effective, independent, and had the public’s trust. The ombudsman’s position has been vacant since 2014 and is filled on an acting basis by the first deputy assessor.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Section 7. Worker Rights
d. Discrimination with Respect to Employment and Occupation
The law prohibits discrimination with respect to employment and occupation and the government effectively enforced the law, although discrimination in employment and occupation still occurred with respect to race and ethnicity, gender, and sexual orientation. The government requires companies with more than 50 workers to reserve 2 percent of their jobs for persons with disabilities.
According to Eurostat, female workers earned 14.9-percent less per hour than their male counterparts. Gross salary, according to Eurostat, was 20 percent lower.
On International Women’s Day on March 8, hundreds of thousands of women and men demonstrated in most cities to call attention to gender-based violence, wage gaps, and sexual harassment.