SPAIN en español
Right
to Fair Labor Conditions
Right
to Education and Training
Right
to a Minimum Subsistence
Right
to Moral and Physical Integrity
Can an undocumented migrant receive accommodation in a public housing
shelter or in a private shelter that receives public funding?
No information provided.
Is it legal for a landlord to rent out an apartment to an undocumented
migrant?
Yes.
For example, the organisation Provivienda in Madrid works on the Madrid
government’s behalf on a programme to ensure immigrants’ access to rented
housing. They act as mediators between the undocumented migrant and the
landlord, and ensure that the apartment meets minimum standards.
Do undocumented migrants have access to public health care or is there a
special health service only for undocumented migrants?
The
law passed in 2001 guarantees health care for pregnant women and minors, and for
undocumented migrants who are registered at the town hall. However, this is a
national law, and each autonomous community has its own competences in health
care. An example of how this works is the case of Andalucía. In 1999, a special
agreement was made by the Department of Health of the Andalusian government,
NGOs and trade unions to guarantee access to the health care system. An
undocumented migrant can access health centres directly or via the referral card
obtained at a participating organization.
The
condition of registration at the town hall also excludes a number of groups from
access to health care, as the precondition is the possession of a passport and a
housing contract. Therefore, there are a number of special health care centres
focusing on those groups.
The
new Aliens Act that went into effect on 22 December 2003 contains two new
provisions that will directly affect undocumented migrants, specifically
concerning health care: police are now able to access data of foreigners
registered at municipalities; and thus undocumented migrants no longer have much
of an incentive to register at the municipality (they may still register to
obtain health care, but many may consider it too risky given that the police can
now have access to their data).
Do health care professionals have the duty to report an undocumented
migrant to the authorities? If yes, why? If no, why not?
As
health care is guaranteed by law, there is no obligation to report undocumented
migrants.
3. Right to
Fair Labour Conditions
Does national labour
law stipulate that an employer is obliged to pay an undocumented migrant for
work done, even if the worker does not have a legal residence or work permit?
No information provided.
If an undocumented
migrant has an accident at the workplace, can s/he receive coverage from Social
Security (via accident insurance) to cover the costs of treatment or care?
No information provided.
Can an undocumented
migrant bring a court case against an employer for withheld wages?
No information provided.
Do undocumented migrants have the right to organize?
According
to Article 7 of Law 8/2000, the right to demonstrate, to public meeting and to
associate are subject to the foreigner being a resident or being authorized to
stay in the country. Therefore, undocumented migrants do not have these rights.
Can an undocumented
migrant be a member of a trade union?
The
Law 8/2000, which came into force in January 2001, links the right to become a
member of a trade union to a migrant’s legal status. This also counts for the
right to strike. This violates Article 28 of the Spanish constitution, and ILO
agreements. However, trade unions stated that they consider the law
unconstitutional, and that they would continue to allow undocumented migrants to
join.
5. Right to
Education and Training
Can undocumented minors under the age of 18 enrol in schools?
Yes. It is compulsory for all children in Spain to attend school, and thus
undocumented minors are also required to attend school.
Are schools obliged to report the presence of undocumented children/adolescents to the authorities?
No.
Do schools receive any funding for these children/adolescents?
No information provided.
Do undocumented adults (over the age of 18) have the right to education
and training?
Undocumented
adults may not legally enrol in courses at adult education centres, though in
practice these centres are not very restrictive.
6. Right to a
Minimum Subsistence
Do
undocumented migrants have a right to welfare benefits from the government?
No information provided.
Can
an undocumented migrant legally get married or legally cohabitate?
No information provided.
Is
it legal to deport an undocumented migrant without his/her spouse or
child/ren?
No information provided.
8. Right
to Moral and Physical Integrity
Are there rules and regulations upholding the right to integrity of
undocumented migrants in this country?
No information provided.
Has this country been condemned for not respecting international
agreements concerning protection of the personal integrity of undocumented
migrants?
No information provided.
Are detention centres accessible to non-governmental organizations?
In
general, it is difficult to enter a detention centre. One organization, the Federación
Estatal de SOS Racismo in Barcelona was able to enter detention centres when
a politician or parliamentarian made the request and accompanied the
organization. Requests made by the organization itself were systematically
denied.
Are undocumented migrants entitled at any time to free legal aid from a
jurist or lawyer?
No information provided.
Can undocumented migrants freely assert their rights in court and in the
appeals court?
No information provided.