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What it is

Bill to protect everyone in Spain from discrimination

Committee step 4 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 28 February 2017. Introduced by: Grupo Parlamentario Socialista.

Official title: Private member's Comprehensive bill for equal treatment and non-discrimination.

Source: Congreso de los Diputados, file 122/000077· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would guarantee everyone's right to equal treatment and non-discrimination, on grounds such as racial or ethnic origin, sex, age, disability, religion, sexual orientation or gender identity, illness or socioeconomic situation.
  2. The protection would cover many areas of life: employment, education, health care, social services, goods and services offered to the public, housing, places open to the public, sports, and advertising and the internet.
  3. The bill would define in detail the forms of discrimination: direct and indirect, by association, by error, multiple and intersectional, discriminatory harassment, retaliation and orders to discriminate. It would also regulate positive action measures.
  4. Victims would have the right to receive information, advice and free legal assistance before filing a complaint.
  5. The bill would create the Authority for Equal Treatment and Non-Discrimination, an independent body that would help victims, mediate disputes, investigate serious cases and could go to court.
  6. Anyone who discriminates could face fines from €300 to €500,000, depending on how serious the offense is. In very serious cases, additional penalties could apply, such as closing the establishment or stopping the activity.
  7. If a person claims discrimination and provides evidence, the accused party would have to give an objective and reasonable justification that their conduct was not discriminatory.
  8. The bill would create specialized sections for hate crimes in provincial prosecutor's offices and a Prosecutor against Hate Crimes and Discrimination at the State Prosecutor's Office.

Who it affects

  • Anyone who suffers discrimination: They could receive information, free advice, help from the new Authority, and ask for compensation or for the discrimination to stop.
  • Businesses and individuals selling goods or services, including housing rentals: They could not discriminate in access or conditions, and would risk fines from €300 to €500,000.
  • Public administrations: They would have to guarantee equality in employment, education, health care, social services and housing, and cooperate with the new Authority.
  • Human rights associations and organizations: They could defend affected people in court, with their authorization.

Words worth knowing

Discriminación interseccional (intersectional discrimination)
When several grounds of discrimination come together in the same person and create a specific form of discrimination.
Ajustes razonables (reasonable accommodations)
Necessary adaptations so that people with disabilities can exercise their rights on equal terms, as long as they do not impose a disproportionate burden.
Medidas de acción positiva (positive action measures)
Favorable treatment aimed at preventing or compensating a group's discrimination or disadvantage, while that situation lasts.
Carga de la prueba (burden of proof)
The duty to prove the facts you claim. The bill proposes that, if there is evidence of discrimination, the accused party must justify themselves.
Legitimación (standing)
The ability to go to court to defend a right.

It summarizes the drafting committee report. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 4 of 7 steps. It reached Committee, and today it is unfinished.

  1. Introduced28 February 2017Someone registers the text in the Congreso.
  2. Admitted7 March 2017The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments20 April 2018Groups propose changes.
  4. Committee3 October 2018A committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 11 official steps on a timeline
Mar 2017Jun 2017Sept 2017Dec 2017Mar 2018Jun 2018Sept 2018Dec 201811. 28 February 2017: Presentación22. 7 March 2017: Boletín Oficial de las Cortes Generales Publicación desde 07/03/2017 hasta 10/03/201733. 7 March 2017: Calificación44. 10 March 2017: Gobierno Contestación desde 10/03/2017 hasta 20/04/201755. 20 April 2017: Pleno Toma en consideración desde 20/04/2017 hasta 12/04/201866. 12 April 2018: Mesa del Congreso Acuerdo subsiguiente a la toma en consideración desde 12/04/2018 hasta 17/04/201877. 17 April 2018: Comisión de Igualdad Publicación desde 17/04/2018 hasta 20/04/201888. 20 April 2018: Comisión de Igualdad Enmiendas desde 20/04/2018 hasta 03/10/201899. 3 October 2018: Comisión de Igualdad Informe desde 03/10/2018 hasta 19/02/20191010. 19 February 2019: Comisión de Igualdad Dictamen desde 19/02/2019 hasta 05/03/20191111. 5 March 2019: Concluido - (Caducado) desde 05/03/2019 hasta 03/04/2019

12 April 2018

How did the plenary vote?

More votes in favour 336 yes · 0 no

Voted on: Private member's bill by the Socialist Parliamentary Group, Integral for equal treatment and non-discrimination.

Source: Congreso de los Diputados, vote 2 of sitting 110· updated 10 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Socialista, Vasco (EAJ-PNV), Mixto, Ciudadanos, Gcup-ec-em, GER and Popular en el Congreso.

By province: in 52 most voted in favour; in 0, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 52
  • Against: 0
Result by parliamentary group
GroupSeatsHow it voted
Socialista84
82 in favour · 2 did not vote
Vasco (EAJ-PNV)5
5 in favour
Mixto19
16 in favour · 3 did not vote
Ciudadanos32
32 in favour
Gcup-ec-em67
65 in favour · 2 did not vote
GER9
9 in favour
Popular en el Congreso134
127 in favour · 7 did not vote

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It was presented again:

Presented before in:

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.