The acting Ombudsman of Spain, Francisco Fernández Marugán, today presented the Annual Report of the Institution for 2017 (See the spanish version) before the Joint Committee on Relations with the Ombudsman.
Last year, 25.776 records were processed, of which 8.158 were related to the malfunctioning of public services. In addition, 2.388 resolutions were issued, 567 more than in 2016, to correct the actions of the Administration.
During his speech, the Ombudsman has ensured that “the effects derived from the economic crisis we have suffered, and especially its impact on the field of social rights, are clearly reflected in many of the complaints made by citizens in 2017”
Fernández Marugán has made a review of the main actions carried out by the Institution during the past year.
Public Services
The Ombudsman received 8.158 complaints related to the malfunctioning of public services. The Institution processed with the administrations matters related to undue delays in judicial proceedings due to the lack of personal and material means; the continued delay in the processing of nationality applications in the Civil Registry; the long medical waiting lists; the saturation of emergency services in hospitals; and the slowness to obtain the driving license, the DNI and the passport.
Health, Housing, Education and Social Policy
During his appearance, the Ombudsman also pointed out that the issues related to health, housing, education and social policy were subject to almost 3.000 complaints.
On health matters, Fernández Marugán has pointed out that the lack of personal and material means, the inadequate criteria of organization and the deficiencies in buildings and sanitary infrastructures continue generating numerous complaints. At the same time he has also insisted on the need to change the current model of pharmaceutical copay to expand the protection of vulnerable groups and ensure that these people can access the medicines they need.
With regard to the problem of housing, the Ombudsman recalled that between 2008 and 2017 there were about 600.000 foreclosures. In addition, he pointed out that there are plenty of homes in Spain for whom “rent is not an option but a necessity and the only possible way to access a house”. However, the rise seen in the price of rents makes housing inaccessible to many, including young people. Faced with this situation Fernández Marugán has stated that “it is urgent to create a political offer in favor of social rent so that the most disadvantaged groups, as well as youth, can emancipate and build a project of their own autonomous life”.
Regarding education, in 2017 almost 1.100 complaints were received on this matter. The Ombudsman informed with regret the difficulty of achieving a Social and Political State Pact that “endows our educational system with the stability it has been demanding for so long”.
In the opinion of the Institution, the severity with which the economic crisis has affected families makes it necessary to strengthen and improve compensatory measures that guarantee free and accessible education at compulsory levels and equal opportunities in the post-mandatory as well as in higher education.
With regard to social policy, the Ombudsman explained that last year the issue that generated the most complaints was the excessive delay in the processing of administrative procedures regarding dependency in all its aspects.
The institution is particularly concerned about the situation of the long-term unemployed and remains attentive to the revision of the aid programs that have been applied in the years of crisis.
In the opinion of the Ombudsman the relationship between inequality, employment and working conditions is obvious. As Fernández Marugán has pointed out, “unemployment explains 80% of inequality, which is also related to the fall in income of 40% of the population with the lowest income”. Furthermore, he warned that “work is no longer a guarantee of escape from poverty”, since there is a high proportion of households with low labor intensity and a high percentage of workers with low wages at risk of poverty.
This is why the Ombudsman has emphasized that “ the fight against job insecurity and stability in employment is essential to achieve the creation of decent work that reduces the inequality gap” and has advocated maintaining specific attention measures aimed at favoring the employability of young people and the unemployed over 55 years of age.
Administration of Justice and Civil Registry
Fernández Marugán has assured that the received complaints “allow detecting important problems of Justice as a public service”. Thus has reported that another year has gone by detecting undue delays that show that “the rapid justice that citizens demand” has not been achieved. In addition, complaints have been received for the computer failures of the Administration of Justice that cause problems to citizens and professionals.
The Ombudsman has also reported the collapse of the Civil Registry. In 2017, 893 complaints were received to the Institution on this subject, most of whom tried to acquire Spanish nationality by residence.
Fernández Marugán recalled that the Institution has been reporting this situation for years and has asked the Administration to intervene urgently to resolve the situation of more than 400.000 people who have pending their nationality applications for residency.
Economic activity and public finances
The number of complaints related to economic, financial and tax matters exceeded 2.300 complaints. In this context, the Institution acted on the extension of launches in foreclosures; the lack of regulation of recovery companies; the protection of clients who subscribe loans with non-financial companies; the problem of the Claims Services of the banking entities; the abusive interest rates on quick loans; the returns by “floor clauses”, following the judgment of the Court of Justice of the European Union and the practice of the banking entities to impose the contracting of insurance linked to the mortgage loans.
The Income Tax on Individuals (IRPF) continues to be he tax that generates the most complains. The differences in taxation between the autonomous communities are also criticized by the citizens.
Environment and Urbanism
Almost 1.200 of the complaint received had to do with the environment and urbanism. For the Ombudsman, citizens’ complaints show that “the authorities do not react effectively and in many cases misconceived economic interests prevail over environmental values”. Thus, he regretted that it is “a usual practice” for the administration to carry out environmental controls in an exclusively formal manner, “without conducing a real in-depth examination of the possible environmental consequences of certain activities” and set as an example the gas storage project in Doñana.
Regarding the environment, noise complaints also stand out. As Fernández Marugán explained, “the city councils, both large and small, are resultant to act forcefully against the infringers”. A situation that contrasts with the increasing criminal convictions, “which should be reason for reflection” he said.
Migrations
During his speech, Fernández Marugán reported the situation the Asylum and Refugee Office is facing, with more than 40.000 new applications for international protection in 2017 and over 30.000 pending resolutions from previous years. In his opinion, it is “unsustainable”.
For the Ombudsman, the Spanish asylum system urgently needs to publish the regulations of the Asylum Law, including the possibility of legal access to Spain for the people with international protection needs, avoiding that they continue to risk their lives in difficult conditions.
In addition, he called for an urgent review regarding its operations, both in the management of the host system as well as in the system for registering and processing applications. To carry out this review, he asked that the possibility of requesting European funds be considered.
Finally, he has referred to the situation of the Venezuelan citizens and has requested that the criteria for processing their international protection files be reviewed and that existing processes in foreigners’ legislation be applied o that they can reside and work in Spain in a legal way.
The Ombudsman also wanted to put on the record the problem of Venezuelan prisoners residing in Spain, in a situation of serious economic precariousness and risk of social exclusion, for the Venezuelan government having suspended the income from their pensions since January 2016.
Prison Facilities
In 2017 the Institution has manages 902 cases in this area. At the end of the year, 58.958 people were deprived of their liberty in 96 prison facilities.
The Ombudsman has indicated that having overcome the problem of overcrowding, which affected the petitionary system years ago, now the problems have to do mainly with the lack of personnel, as reported by the unions.
Fernández Marugán has insisted on the need to improve investigation protocols when facing complaints of mistreatment and has advocated minimizing the use of mechanical restraints that should “in any case always be practiced under strict medical supervision”. In the health field, he explained that the Institution has carried out actions so that inmates are treated in conditions equivalent to the rest of citizens.
Vulnerable Groups
The Ombudsman explained that complaints related to the elderly have increased. Most address the difficulty in accessing the already recognized and approved healthcare system, especially in residencies.
Fernández Marugán assured that the complaints and statistical data System for Autonomy and Care for Dependency does not have the capacity to incorporate in a reasonable period the almost 300.000 people recognized as dependents but without approved benefits. He also warned about the delay in assessing the degree of dependency that occurs in some autonomous communities.
In addition, he reported that the people in that situation of already valued dependency and recognized benefits that they don’t receive has emphasized the “magnitude of waiting lists” to access day centers and residences. The Ombudsman has underlined that in order to reach full attention and only keep waiting for people in the process of assessment, it is necessary to improve the financing of the system, increasing spending significantly.
Fernández Marugán has also highlighted that complains have been intensifying regarding the residences and the quality of care that the elderly receive in them. In 2017, the Institution initiated ex officio actions with all the autonomous communities to learn about the characteristics and provision of residential resources for the elderly and to identify the difficulties that exist for these citizens to access services appropriate to their needs.
The other vulnerable group that especially worries the Institution is the minors. In the case of children with disabilities who have the right to an inclusive education, the institution has continued to work to make reasonable adjustments that allow these children to be admitted to ordinary schools and o articulate personalized and effective support measures that encourage their maximum academic development.
People with disabilities come to the Institution for very different reasons. The Ombudsman wanted to report that there has been no significant progress in the approval of the new Disability Assessment Scale, which in his opinion “is a fundamental piece to access the social protection provided by public administrations”.
Fernández Marugán has ensured that there has been no progress in the regulatory approval of the basic conditions of accessibility and non-discrimination for access and use of goods and services available to the public by people with disabilities.
Male violence is of particular concern to the Ombudsman, who in 2017 has focused his efforts on demanding a double approach, gender and childhood, when fighting against this scourge. During his speech he reassured that “an abuser can never be a good father”.
Fernández Marugán pointed out that he received “with satisfaction” the approval of the State Pact against Gender-based Violence. The Ombudsman hopes that the measures of the Treaty will begin to be translated into normative changes and new practices that serve “to defend all the victims as soon as possible”.
