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Recommendations of the Defensor were taken into account in several laws in 2015

Recommendations of the Defensor were taken into account in several laws in 2015

04-05-2016

The Defensora del Pueblo, Soledad Becerril, detailed before the Spanish Parliament of the effort the Institution had made in 2015 to increase its effectiveness and enhance transparency and communication with the general public via its new web page.

Soledad Becerril, who presented the 2015 Annual Report to the Mixed Committee for Relations with the Office of the Defensor Ombudsman, explained that the Institution has cut down case processing times by half and transformed its web page in order to provide regular information about the work that it has done, the time it took in each instance and to make it easier to submit and keep track of complaints.

As the Defensora explained, last year nearly 1,500 resolutions were filed with the different government authorities and more than 500 own-initiative inquiries were initiated. Specifically, the Institution made 706 recommendations, 613 suggestions and gave 184 reminders of legal duties.

Altogether 54,154 members of the public wrote to the Office of the Ombudsman.

Recommendations accepted

During her speech, the Defensora highlighted the recommendations made by the Institution that have been accepted and included in the law. This is the case of the Victim Statute and the ministerial order on financial product risk, making it compulsory for financial institutions to tell their customers about the risk involved with the financial products that they offer.

The Second Opportunity Law also took into account the opinion of the Office of the Ombudsman, and introduces, for the first time, the legal concept of bona fide debtor and regulates an insolvency procedure for private individuals and over-indebted consumers.

The recommendations to strengthen the protection of minors in gender violence contexts, to give priority to fostering and for minors to be listened to in administrative or judicial suits that affect them were included in the Child Protection Act passed in 2015.

Soledad Becerril also highlighted other resolutions that have been accepted, such as including a note on usage in the Dictionary of the Spanish Royal Academy of the Language pointing out the “offensive and discriminatory” meaning of the terms “trapacero” (swindler) and “trapacería” (swindling) in the definition of the words “gitano” (gypsy) and “gitanada” (cajolery).

Recommendations pending

The Defensor also gave a reminder that some recommendations are still awaiting a reply from the authorities. Among them, she highlighted the resolution that calls for the creation of a education programme for the children and under-age young people who are in Melilla temporary stay centre for migrants (CETI in its anagram in Spanish); and the recommendation to share details with foreign police authorities of minors who may be victims of trafficking.

A recommendation to preserve the privacy of patients’ medical records, and the request by the Office of the Ombudsman for applicants for public protection housing to be informed of the status of their application are also awaiting a reply.

Key activities

Last year, the Institution continued to strive for the rights of people with disability. Accordingly, it initiated a study of the quality of care that young people under the age of 16 with acquired brain injury receive from the health and education authorities.

The public railway company RENFE accepted a recommendation to publicize its Accessibility Plan and the Ministry of Development followed suit with a resolution for bus companies to inform users, before they set off on a journey, of accessibility conditions in the vehicles themselves and at the stations the bus is stopping at along the way.

Several electoral processes were held in 2015 and once again the Institution insisted, as Soledad Becerril pointed out, on the need for political groups with parliamentary representation to agree on measures that favour participation and overcome the difficulties encountered by members of the public who wish to exercise their right to vote by post.

On migratory matters, the Defensor has displayed particular concern over the refugee crisis. Accordingly, it has asked for care for these people to be stepped up, in order to resolve the situation as soon as possible and endeavour to integrate them.

In order to get close insight into the situation that these people are in, in addition to the regular visits to the Temporary Stay Centres, a visit was made to Zaatari refugee camp near Amman (Jordan), and a document was sent to the government with appraisals of the national and international aid in the camp itself and the deficiencies and needs that were observed.

As regards the refugee crisis, the Defensora stressed the following points:

* The E.U. was not and is not prepared to deal with this migratory crisis.

* The common policy -many countries are affected or involved simultaneously- is indispensable.

* Respect for Human Rights should preside over all courses of action taken. The E.U. –Turkey agreement of 18 March sets forth that applications will be studied one by one, and will comply with international and E.U. law.

* Minors and vulnerable persons must be specially protected.

* In view of the way in which the crisis is unfolding, the number of refugees who should be taken in should be revised upwards.

* It is difficult for Greece and Turkey to comply with the steps that are required, and it is essential to increase the presence of European officials who are knowledgeable about the matter in both countries.

* It is advisable for the necessary efforts be made to secure UNHCR assistance and presence.


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