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Is there provision within anti-discrimination legislation/practice forfinancial compensation/restitution of rights and are these applied in practice?

Code:
RED17
Key Area:
Anti-discrimination Legislation & Implementation
Strand(s):
Discrimination, Equality
02/12/2011 - 13:40
Short Answer

Yes.

Qualitative Info

In the penal legislation the sentence for an offense includes compensation for civil responsability. 
In the work environment the modifications made on the Consolidated Law of the Worker's Statute by the Law 62/2003, of December the 30th, determine as null any rule or clause of a group agreement, individual pact and/or unilateral decision which may contain direct or indirec discrimination (art 17,1). Also in the social jurisdiction it is foreseen a compensation for possible damage to the victim of discrimination. In the penal area, since 2005 there have only been ten cases in which a racist motivation has been found as an aggravating circumstance. Related to the aplication of the article 510, only four cases have derived in successful judicial action since 2005 (Recomendation N. 10 of the Fourth Report about Spain ECRI).

Groups affected/interested Migrants, Refugees, Roma & Travelers, Ethnic minorities
Type (R/D)
Key socio-economic / Institutional Areas Policing - law enforcement, Anti-discrimination, Anti-racism
External Url http://www.boe.es/boe/dias/2003/12/31/pdfs/A46874-46992.pdf
Situation(s)
Library