I. Commitment to Implement the UN Guiding Principles on Business and Human Rights [page 3]
The protection and promotion of human rights are a priority for Spain, which reflects a clear requirement of Spanish society. Our country has assumed very broad commitments in this area in the international sphere. These have been reflected internally in the legislative, institutional, and public policy framework.
III. Areas of Actions and Measures
Pillar I. The State Duty to Protect Human Rights
Foundational Principles [page 9]
Guiding Principle 1
The international obligations assumed by Spain demand that it respect and protect human rights. This includes the duty to protect against human rights violations or abuses committed by third parties, including business. Through this Plan, the commitment of Spain to protect human rights is reaffirmed, and to provide potential victims with an effective remedy. The State duty to protect refers to the obligations defined in the treaties it has ratified. Spain is party to all of the main treaties on human rights and, specifically, to the following:
-The International Covenant on Civil and Political Rights, and its Optional Protocol;
– Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
– the International Convention on the Elimination of All Forms of Racial Discrimination – the International Convention on the Elimination of All Forms of Discrimination against Women;
– the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol;
– the Convention on the Rights of the Child and its three Optional Protocols;
– Convention on the Rights of Persons with Disabilities;
– the International Convention for the Protection of All Persons against Enforced Disappearances. In addition to the aforementioned treaties, Spain has accepted the competence of the corresponding treaty bodies to hear individual complaints for alleged violation of the recognized rights directed against Spain.
Spain has also ratified the eight fundamental Conventions of the International Labor Organization (ILO):
– Forced Labour Convention (No 29) – Freedom of Association and Protection of the Right to Organise Conventions (No 87)
– Right to Organise and Collective Bargaining Convention (No 98)
– Equal Remuneration Convention (No 100)
– Abolition of Forced Labour Convention (No 105)
– Discrimination (Employment and Occupation) Convention (No 111)
– Minimun age Convention (No 138)
– Worst Forms of Child Labour Convention. (No 182)
In addition, it should be noted that Spain is a party to ILO Convention No. 169 on Indigenous Peoples.
As regards the European sphere, Spain has ratified the European Convention for the Protection of Human Rights and Fundamental Freedoms. Within the EU, it is worth recalling the Charter of Fundamental Rights of the EU, incorporated into the Treaties and with the same legal obligation as these since the entry into force of the Treaty of Lisbon (December 2009), under the Article 6.1 of the Treaty of the European Union. International legally binding human rights instruments are complemented by “soft law” instruments with which Spain has also expressed its commitment, such as the Tripartite Declaration of Principles on Multinational Enterprises and the Social Policy of the ILO, the Declaration related to the Principles and Fundamental Rights on Labor of the ILO, and the OECD Guidelines for Multinational Enterprises.