Materials of Peace and Human Rights, 10
STRATEGIES OF RESPECT
AND GOVERNMENTAL
COORDINATION IN RELATION
TO HUMAN RIGHTS
Argelia Queralt
Biblioteca de Catalunya. CIP data
Queralt Jiménez, Argelia
Strategies of respect and governmental coordination in relation to human
rights. – (Materials of peace and human rights ; 10)
I. Catalunya. Oficina de Promoció de la Pau i dels Drets Humans II.
Títol III. Col·lecció: Materials de pau i drets humans. Anglès ; 10
1. Drets humans 2. Drets humans – Política governamental – Catalunya
341.231.14:32(467.1)
Materials of Peace and Human Rights, 10
Barcelona, March 2009
© Author: Argelia Queralt
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QUERALT, ARGELIA. Strategies of respect and governmental coordination in relation to human rights.
Barcelona: Office for the Promotion of Peace and Human Rights, Generalitat de Catalunya, 2009.
(Materials of Peace and Human Rights, 10).
The opinions expressed in this publication do not necessarily represent the views of the Office for the
Promotion of Peace and Human Rights.
This material was produced in 2007.
The Office for the Promotion of Peace and Human Rights is the arm of the
Catalan Government whose main mission is to develop public policies that
promote peace and human rights.
The “Materials of Peace and Human Rights” series brings together wor­king
papers aimed at providing a new and original vision of fields, by publishing
research carried out by specialised centres and experts.
INDEX
1. THE BASIC FRAMEWORK OF REFERENCE FOR HUMAN RIGHTS
1.1. At the international and state level 1.2. At the regional government (autonomous community) level
7
7
8
2. SEVERAL COMPARATIVE REFERENCES
9
3. THE OPPDH IN RELATION TO THE ACTIVITIES OF THE DIFFERENT DEPARTMENTS
AND MINISTRIES OF THE GENERALITAT 3.1. Presidential department
3.2. The ministry of governance and public administration; the ministry of home affairs, institutional
relations and participation
3.3. The ministry of culture and the media
3.4. The ministry of education
3.5. The ministry of innovation, universities and enterprise
12
14
15
20
4. FINAL RECOMMENDATIONS
21
11
11
Strategies of respect and governmental coordination in relation to human rights
7
1. THE BASIC FRAMEWORK OF REFERENCE FOR HUMAN RIGHTS
1.1. At the international and state level
After the Second World War, one of the first and most important steps within the scope of international politics was the setting up of the United Nations Organisation, the international organisation
heir to the flawed League of Nations. The preamble to the Charter of the United Nations (Charter
of San Francisco, 1945) states that the primary reason for the existence of this international organisation is to save succeeding generations from the scourge of war, which twice brought untold
sorrow to mankind in the first half of the twentieth century. Within this overall goal, the main aim
was set to maintain peace. In 1948, approval was also given to the Universal Declaration of Human Rights as an essential tool for achieving peace.
A similar process took place in Europe. The preamble of the Statute of the Council of Europe (5
May 1949) states that, “[...] Convinced that the pursuit of peace based upon justice and international co-operation is vital for the preservation of human society and civilisation […], have in
consequence decided to set up a Council of Europe […]”. Shortly after, the founding members of
the Council also approved the European Agreement on Human Rights (4 November 1950), the
wording of which reaffirmed “ their profound belief in those Fundamental Freedoms which are the
foundation of justice and peace in the world and are best maintained on the one hand by an effective political democracy and on the other by a common understanding and observance of the
Human Rights upon which they depend [the signatory governments]”.
Within the framework of the current European Union, the principles and aims of the Treaty of
the European Union are expressed in a similar way, in this case in the defining of EU common
foreign and security policy, which “shall be to […] safeguard the common values, fundamental
interests and independence of the Union; to strengthen the security of the Union and its Member
States in all ways; to preserve peace and strengthen international security, in accordance with the
principles of the United Nations Charter as well as the principles of the Helsinki Final Act and the
objectives of the Paris Charter; to promote international cooperation; to develop and consolidate
democracy and the rule of law, and respect for human rights and fundamental freedoms.”
Following many years of discussion, the Union now has a catalogue of fundamental rights (Charter of Fundamental Rights of the European Union, 2000) that, although not formally approved by
all Member States and thereby not legally binding, has become an important tool for interpreting
existing rights in Community law and also an instrument that is increasingly present in the interpretation of catalogues of internal rights. If the wording of a European constitution is finally approved, the European Union will eventually have a catalogue of rights (respect for which will need
to be incorporated in a real system of protection).
At the national-state level, the preamble to the Spanish Constitution establishes that, “The Spanish Nation, desiring to establish justice, freedom and security, and to promote the well-being of
all its members, in the exercise of its sovereignty, proclaims its will to: Guarantee democratic coexistence under the Constitution and the law, in accordance with a fair social and economic order;
consolidate a State of Law which ensures the rule of law as an expression of the popular will; protect all Spaniards and peoples of Spain in the exercise of human rights, of their cultures and traditions, and of their languages and institutions; promote the progress of culture and of the economy
in order to ensure a worthy quality of life for all; establish a democratic and advanced society; and
collaborate in the strengthening of peaceful relations and effective cooperation amongst all the
peoples of the world.” This intention is embodied in an extensive catalogue of rights and freedoms
(Part 1 of the Constitution) that, according to article 10.1 of the Spanish Constitution, originate
from the dignity of the individual and are the foundation of political order and social peace. All of
these rights must also be interpreted in accordance with international treaties on human rights
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Oficina de Promoció de la Pau i dels Drets Humans
ratified by Spain, as laid down in the mandate for interpretation envisaged under article 10.2 of
the Spanish Constitution.
Within the context of this report, mention must be made of the recent passing by the Spanish
Parliament of Law 27/2005, concerning the fostering of peace education and the culture of peace,
which, as is explained in the explanatory preamble, is based on point a.2 of the UN General Assembly’s Programme of Action on a culture of peace adopted in 1999 and establishes a series of
measures aimed at the field of education and research to establish the culture of peace and nonviolence in society. This law incorporates key instruments for achieving the goals that were set,
including measures in education, research (as well as the dissemination of research) and the associated training of specialists. Article 1.3 of Law 27/2005 expressly refers to the need to establish
mechanisms for cooperation with the Autonomous Communities in order to achieve the intended
aims of the Law. This fact is important because the Oficina de Promoció de la Pau i els Drets
Humans (OPPDH) may be made responsible, through the various ministries of the Generalitat
and, in particular, the Catalonia-Spanish Central Government Bilateral Commission, the specific
instruments for cooperation that serve to promote peace, a value defended by State institutions
pursuant to the 2005 Law and institutions in Catalonia, as inferred by the Catalan Peace Promotion Act (Law 21/2003, 4 July).
1.2. At the regional government (autonomous community) level
In the preamble of the new Statute of Autonomy for Catalonia, it states that “Catalonia is a community of free persons for free persons, in which each individual may live and express diverse
identities, with a firm commitment to community based on respect for individual dignity” and that
“the civil and associative tradition of Catalonia has always underlined the importance of Catalan
language and culture, of rights and duties, of knowledge, of education, of social cohesion, of
sustainable development and equality of rights, and today, especially, of equality between women
and men;” it also says that: “Catalonia, with its humanistic tradition, affirms its commitment together with all peoples to constructing a peaceful and just world order.” These are again specifically mentioned in the articles of the Statute that came into force in August 2006. Article 4 of the
2006 Statute of Autonomy of Catalonia recognises that:
“1. The public authorities of Catalonia shall promote the full exercise of the freedoms and
rights recognised by this Statute, the Constitution, the European Union, the Universal Declaration of Human Rights, the European Convention for the Protection of Human Rights and
those other international treaties and conventions which Spain has signed that recognise
and guarantee fundamental rights and freedoms.
2. The public authorities of Catalonia shall promote conditions in which individual and group
freedom and equality are real and effective; they shall enable the participation of all people
in political, economic, cultural and social life, and shall recognise the right of peoples to preserve and develop their identity.
3. The public authorities of Catalonia shall promote the values of freedom, democracy,
equality, pluralism, peace, justice, solidarity, social cohesion, gender equity and sustainable
development.”
The Statute thereby not only calls for the Catalan public authorities to respect and comply with the
rights set out in the Statute and the Constitution, but also makes the Catalan authorities responsible for compliance with the rights and freedoms set out in European international agreements that
refer to this matter. Within this context, it can be asserted that Catalonia is under the obligation
to put into effect fundamental rights (nationally recognized rights) and also human rights (rights
recognised in international agreements outside of the scope of the sovereignty of the states that
form part of them). In fact, this distinction becomes somewhat unnecessary when rights are actu-
Strategies of respect and governmental coordination in relation to human rights
9
ally exercised, because, in material terms, both fundamental and human rights have the same
aims and contain mutual faculties without which there can be no talk of an individual’s rights. This
means that, as far as the activity of the authorities in Catalonia is concerned and, in particular, for
the citizens, what is important is for the contents to be safeguarded, and for this it is indifferent
whether this is done through the implementation of an internal regulation or an international one.
Following on from this, it needs to be pointed out that the articles of the new Statute do include a
system of fundamental rights. Under Title 1, in fact, there are three chapters on the recognition of
the rights and freedoms of the Catalan people and, in addition, a series of guarantees for these
before the institutions of Catalonia (chapter IV).
Furthermore, chapter V of the Statute incorporates a complete series of governing principles for
social and economic policy in Catalonia. In accordance with article 39 of the Statute, these governing principles state the activity of the Catalan authorities. It is true that citizens cannot allege
these principles directly before the courts, i.e. they are not directly effective, but they are binding
on the authorities in Catalonia. In any event, in order for citizens to be able to exercise them, they
first need to be developed by law and, moreover, they are only effective as stipulated by law. Consideration must be taken given to the fact that, as stipulated in the same article 39.1 of the 2006
Statute of Autonomy for Catalonia, neither the governing principles set out in the Statute nor the
obligations that derive from their legal development imply the conferral of new jurisdiction beyond
that envisaged under section IV of the Statute.
This means that the legislative and exeutive authorities of the Generalitat must act according to
both the framework of the Statute and the obligations laid out in the Constitution (and in particular
the mandate for interpretation in accordance with article 10.2 of the Spanish Constitution mentioned above) and, finally, the international obligations concerning human rights acquired by the
Spanish State, which are binding on all public authorities at the national and regional level.
2. SEVERAL COMPARATIVE REFERENCES
Within the terms of reference of the report, it is appropriate to establish a general comparative
framework regarding the promotion of human rights by states in the European Union.
In order to do this, we got in contact with several governments and institutions in decentralized
states with the purpose of using their replies as the basis for establishing a benchmark to thereby
establish the tasks to be carried out by the OPPDH. From the replies we received, it can be asserted that, in relation to tools used to promote the understanding and respect for human rights,
states in general set up institutional commissions (which depend on one or several of the institutions that exercise public authority) as a way of promoting and guaranteeing fundamental rights.
This same structure is repeated on the level of substate entities, although this varies considerably
depending on their degree of autonomy. In the Federal Republic of Germany, for example, the
constitutions of the different Länder include catalogues of rights and freedoms that may be protected before their own constitutional courts. In addition, there are other types of non-jurisdictional
guarantees, of an ombudsman type, that are contingent upon Parliament (for example, the position of the Petitionsausschuss). In Austria, at the state level, there is the Austrian Ombudsman
Council whereas at the federal level, each region also has its own office.
Within the European Union, a good example is the structure recently set up in the United Kingdom for the defence of human rights: the Equality Act, which anticipated the setting up of the
Commission for Equality and Human Rights, was passed in 2006. This Commission is a non-
10
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ministerial organ (independent from the ministries)1 and will start to function in October 2007. Its
mission will be to reduce the material differences between citizens, eliminate discrimination, reinforce good relations between people, and promote and protect human rights. It will be responsible
for implementing regulations on equality based on age, disability, health, gender, race, religion,
beliefs, sexual orientation and the rights of transsexuals, and it will also promote compliance with
the Human Rights Act2 of 1998. Its main tool will be the authority (auctoritas) of its opinions and
conclusions, and its main goal for human rights is to be present on the agendas of government,
management and society in general. The Commission will act directly through the setting up of
mechanisms to cooperate with local, regional and national authorities. It will likewise promote debate regarding equality and human rights and will be an advisory institution for private and public
entities, as well as private individuals. It will carry out research on disparities in Great Britain, and
the intention is for it to become an authorised voice that stimulates social change and regulatory
reform.3 For the promotion of fundamental rights that are the jurisdiction of the State in Scotland
and Wales, a delegate committee of the State Commission is to be set up.
Similarly, in Scotland in 2006, the Scottish Commission for Human Rights Act was passed. This
Commission will be appointed by, and accountable to, the Scottish Parliament.
The main functions of this Commission will be as follows: a) the promotion, education and respect
for fundamental rights, especially those contained in the European Convention on Human Rights;
b) to give guidance to the public authorities (such as city halls, town councils and municipal authorities, police and hospitals); c) to evaluate the existing regulations and public policies; and d)
the carrying out of studies on general and sectoral matters regarding human rights. These activities will be carried out in relation to matters in which Scotland has powers.
The Act setting up this Commission makes express mention of the establishing of mechanisms
for cooperation with the Commission for Equality and Human Rights, which, as mentioned above,
is a state body.
The Northern Ireland Human Rights Commission is even older. This independent Commission
began to function in 1999 after being set up under the Northern Ireland Act in 1998, in compliance
with the commitment adopted by the UK Government in Belfast on 10 April 1998. Its function is
to promote human rights, review the existing regulations on this matter and practices applied by
the different public actors, and advise the Government on measures needed to effectively protect
human rights in Northern Ireland.
The powers of this Commission actually go beyond promotion and guidance in that the Commission may help private individuals to bring cases before the courts, participate in legal processes
and institute court proceedings on its own. It also has the power to investigate the authorities and
demand statements from state agencies and private individuals.
Due to their functions and jurisdiction, these commissions are more similar to an ombudsman
than a human rights agency.
Outside of the institutional sphere, there are various institutes that promote peace and human
rights around the world, many of which are linked to universities and are set up as research institutions.
1. The nature of this type of agency can be consulted at: http://www.communities.gov.uk/index.asp?id=1503271.
2. Law whereby the CEDH became subject to the British legal system.
3. See: http://www.cehr.org.uk/.
Strategies of respect and governmental coordination in relation to human rights
11
3. THE OPPDH IN RELATION TO THE ACTIVITIES OF THE DIFFERENT DEPARTMENTS AND MINISTRIES OF THE GENERALITAT
The OPPDH is structured as an organ of the Generalitat Administration and forms part of the
Ministry of Home Affairs, Institutional Relations and Participation. Within the Administration itself,
it has a privileged position from which it can inform, evaluate and advise all of the Catalan Administration’s other services and organs concerning the fostering of human rights. The OPPDH will
serve as an instrument to enhance the development of human rights through implementation of
the powers of the Autonomous Community: improvements in health4 (article 162 of the Statute),
housing (article 137), the environment (article 144), consumers’ rights (article 123), culture (article
127), education (article 131), the rights of immigrants (article 138), etc.
In this respect, a clear distinction needs to made between the OPPDH’s activity, which involves
the internal supervision of the promoting of human rights, from the Síndic de Greuges,5 which
carries out the external control of the activities of the Catalan Administration in relation to the
exercise of people’s rights and freedoms.
This report is based on the premise that the culture for peace and human rights, on both the domestic and international levels, need to be based on mutual understanding and, in order for there
to be such an understanding, it is necessary to know who is who and who does what. Many of the
proposals made in the following pages point in this direction.
3.1. Presidential department
The Executive Council’s Directorate General for Communication6 and the Directorate General for Citizen Service,7 within the framework of their functions, could take charge of all of the
work of publicizing the existence of the OPPDH and its activities, which would make them a privileged channel of communication between the Generalitat (and its policies to promote peace and
human rights) and the citizens. This activity would, moreover, fulfil article 2 of the Peace Promotion Act, passed by the Parliament of Catalonia in 2003.
The functions to be carried out by these two directorates general would clearly need to be instrumental. In this respect, it would be essential to set up an open channel of communication
between the OPPDH and the Presidential Department. In order to establish policies to promote
peace and human rights, it is fundamental for citizens to become involved and participate in this
culture; nevertheless, people in Catalonia – albeit unconsciously – have been perseverant in this
in recent years.
From the Presidential Department, the Delegation of the Catalan Government8 in Madrid could
carry out important functions of liaison. In effect, it should be the Delegation in Madrid that sends
policies to promote peace and human rights implemented by the OPPDH to the central institutions and corresponding administration bodies, not just for the importance of their being informed
of the existence and scope of these policies, but also to urge the central Spanish Government to
adopt similar measures along the same lines. For example, the OPPDH’s activity could serve as
4. Article 25 of the Universal Declaration of Human Rights establishes that: “Everyone has the right to a standard of living
adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and
necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age
or other lack of livelihood in circumstances beyond his control”.
5. The official Ombudsman of Catalonia.
6. Direcció General de Comunicació
7. Direcció General d’Atenció Ciutadana,
8. Delegació del Govern de la Generalitat
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Office of Promotion of Peace and Human Rights
a model for implementing the Spanish Peace Promotion Act of 2005, which was passed but for all
practical purposes has never been put into effect until now, or at least the citizens have remained
unaware of its application.
In terms of the current set-up of the Vice-Presidential Department, relations will need to be established between the OPPDH and the Catalan Development Cooperation Agency,9 in particular
in relation to delimitation of the sphere of activity of the two agencies, so that their activities neither overlap nor contradict each other. Absolute coordination will be necessary between the two
to allow for joint action when matters require this. From the promotion of peace and human rights
point of view, the Catalan Development Cooperation Agency will probably need to be responsible for issues of a more humanitarian nature, whereas the OPPDH could have a more political
function of establishing relations with the institutions and other entities affected by human rights
issues. The OPPDH could detect conflict situations, study them and establish the necessary political framework to contribute to the restoring of peace and the re-establishment of human rights
in a given place.
3.2. The ministry of governance and public administration; the ministry
of home affairs, institutional relations and participation
Among the set of topics for public service examinations (for prospective civil servants) in Catalonia, the Ministry of Governance and Public Administration10 should include subjects associated with the culture of human rights and policies to promote human rights so that the public
administration itself becomes fully aware of the importance of these issues. In this respect, it
would be important to emphasise, above all, the training of prospective civil servants whose
work will, in particular, involve social development and integration policies. In the set of topics, it
is probably important to include issues that refer to the characteristics of people living in Catalonia
who have immigrated and need answers that, initially, are different to those of the citizens of Catalonia. This could be dealt with, for example, by civil servants who are involved with social assistance, family, citizen participation, social rehabilitation, and even relations with non-governmental
organisations and religious entities. One of the main groups affected by this small reform in public
service exam syllabi would of course need to be the Generalitat’s police force, which mainly refers
to the Catalan autonomous police,11 but also other local police bodies, which have direct contact
with the citizens.
In particular, relative to the programme syllabus for the Catalan autonomous police, the study
guide of which can be seen on the Ministry of Home Affairs’ website (http://www.gencat.net/mossos/cme/fesmosso/guia/index.htm), there are three didactic sections: section A, which deals with
contextual factors and the environment; section B, which deals with the institutional context; and
section C, which deals with security and police. From an observation of these subject areas and
their contents, it is evident that more emphasis needs to be placed on issues associated with human rights. Furthermore, and as one can see, there is only one subject on the study of fundamental rights and their safeguarding (section B, on the institutional factors). The OPPDH could here
draw up a specific proposal for the reform of the programme syllabus so that it includes more of
the subjects that it actually promotes. The main priorities of this reform should be as follows:
• Block 1: human rights and their guarantees.
• Block 2: social and cultural diversity.
• Block 3: human rights from the gender perspective.
9. Agència Catalana de Cooperació al Desenvolupament (ACCD)
10.Departament de Governació i Administracions Públiques
11. Mossos d’Esquadra
Strategies of respect and governmental coordination in relation to human rights
13
Proposed contents for block 1 would be:
• The understanding of the international frame of reference for human rights: the large safeguard systems at the international and European levels (UNO, Council of Europe and European Union).
• The content of the main human rights and their expression in daily life. In this respect, it
would be necessary to insist on the safeguarding of rights that are internationally recognised
and also set out in the Spanish Constitution: in relation to criminal investigation, for example, one’s rights when under arrest (purpose of the arrest for identification; limited time of
arrest, given that the purpose of detention is the arrested person’s being taken into custody;
the presence of a lawyer in interrogations; the prohibition of ill-treatment; the right to an interpreter; habeas corpus, etc); moreover, the need to scrupulously respect universally and
constitutionally recognised rights when a private home is entered and searched for communications also needs to be emphasised.
• The content of citizens’ rights. In this respect, the exercise of certain rights needs to be understood in ways other than their being an affront to the agents of public order. Attitudes of
excessive force are unnecessary in the face of authorised, peaceful and orderly expressions
of a particular position or point of view by the citizens. One very specific example of this,
which is not at all meant to be demagogic, is that, as a rule, demonstrators are not potential
disturbers of the public order or social peace.
• The legal consequences of practices that are contrary to human rights.
Priority block 2 would consist of a conscientious training for the Catalan autonomous police force
in relation to new social contexts, especially issues concerning migratory movements and their
cultural implications. Training programmes to join the Catalan autonomous police force could include sections on the study of the most characteristic cultural features of at least the main ethnic
and cultural groups present in Catalonia. Candidates could even be offered a basic understanding of the more common languages among these groups. This type of training could also be
envisaged in refresher courses for the Catalan autonomous police. In short, diversity needs to be
understood and respected. Immigrants cannot be considered criminals a priori. However, in order
for this to be really possible, the Catalan autonomous police force need appropriate training and
information, which will enable them to relate well with newcomers. Xenophobia must be eradicated from all police conduct. A democratic police force cannot permit the abuse of force against
those who are in a physically disadvantageous position.
Priority block 3 deals with gender issues. This would be fairly new and could be dealt with in a twofold way, one internal and the other external. In the first place, members of the Catalan autonomous
police must respect their female companions and not make comments nor subject them to the kind
of treatment that derives from a male chauvinistic conception of male-female relations. The culture
of equality needs to be instilled between male and female police officers. Externally speaking, account must be taken of the fact that the Catalan autonomous police force plays a fundamental role
in matters such as gender-based violence: they are responsible for dealing, first of all, with accusations made by women against those who have supposedly mistreated them. It seems contradictory
for officers who have to deal with these issues not to have received adequate training or acquired
a certain gender perspective to carry out their work. Mistreatment and the playing down of such a
situation by police officers can sometimes ultimately lead to the death of a woman.
Aside from gender-related violence, male-female equality is a constitutional demand that has
recently been referred to and reinforced with the Equality Act, which is binding on all national and
regional authorities.
In this third block, some type of training could be set up in order for homosexuality to be understood and respected by police officers so that this condition is no longer considered an obstacle
(sometimes not formally, although it is real) in the professional work of the police. Homophobia
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must disappear from the mind-set of police officers, at least when carrying out their work and, as
such, in their dealings with people who are asserting the law and the rights of citizens.
In this improvement to the programme syllabus for joining the Catalan autonomous police force,
the OPPDH could play an important role of guidance, verification and evaluation. The OPPDH
could develop the proposed study programme with the help of teachers at police colleges, who
would provide their experience, and Catalan police officers, who would provide a more practical
and real approach to the needs of this police force.
Furthermore (and this would surely be a joint activity between both departments), the OPPDH
would need to promote an in-depth study of the possibilities of foreigners participating in
elections as a fundamental instrument for integration. One must remember that article 42.2 of
the Statute of Autonomy envisages, as a governing principle, that, “The authorities must ensure
the full social, economic and occupational integration of the people and groups that are most in
need of protection, especially those that are in a situation of poverty and facing the risk of social
exclusion”.
3.3. The ministry of culture and the media12
The work that this Ministry could carry out is fairly obvious, namely, the diffusion of the OPPDH’s activity and joint campaigns in favour of peace and the promotion of rights and freedoms
(by way of informative events, training courses, exhibitions, etc.), whereby the work of the corresponding public institutions is explained. In this way, the OPPDH would help to educate public
opinion in Catalonia and carry out the extremely important work of increasing public awareness.
In this priority area, the OPPDH could also play a very important role in relation to social entities
that defend human rights and peace, in that it could help to give a higher profile to all of the
activities carried out by these entities. Only the larger NGOs have an effect on the daily life
of the people and there are limited opportunities available to these entities to make themselves
known and announce the important work that they carry out. In this area, work needs to be carried out in a coordinated and close way with the Catalan Federation of NGOs for Human Rights.
This would provide support for this Federation in its work of informing Catalan society about the
situation of human rights in and outside of Catalonia and making public opinion aware, thereby
making the defence of human rights a matter for everybody.
The OPPDH and the Ministry of Culture and Media could also jointly carry out the highly important activity of promoting activities associated with the culture of peace and human rights through
grant and award schemes to implement specific programmes on this subject that are already
on the OPPDH agenda.
One specific idea for cooperation could be, for example, to devote the subject matter of some
of the feasts (public holidays) in Catalonia to promoting peace and human rights. The
OPPDH could establish the contents, with the Ministry of Culture being responsible for the organisation and, in particular, providing the necessary infrastructure.
Outside of the framework of the Ministry but in relation to the media and as an instrument of indirect education, the OPPDH could use the mechanisms offered by the Catalan Audio-visual
Council (CAC).13 The CAC is in fact attributed, amongst other things, with ensuring compliance
with the prevailing regulations on audio-visual issues (in particular, the principles of political, so12. Departament de Cultura i Mitjans de Comunicació.
13. Consell de l’Audiovisual de Catalunya.
Strategies of respect and governmental coordination in relation to human rights
15
cial, religious, cultural and thought-related pluralism), ensuring compliance with legislation on the
protection of children and adolescents, and guaranteeing compliance with public service by the
media. It exercises these functions in relation to providers of audiovisual services at the regional
(autonomous) and local levels, irrespective of the system used for diffusion. The OPPDH could
cooperate with the CAC in its functions and exercise its authority of inspection (and, where appropriate, of sanction) through the corresponding consumer protection authority.14 The OPPDH could
be used by consumers of audio-visual media to express any complaints, opinions and suggestions
concerning programming and advertising on the radio and public and private television. The CAC
states on its website (http://www.cac.cat) that, amongst other grounds, citizens can base a complaint on discrimination due to birth, race, sex, religion or opinion; incitement to violence against
people (which could encourage anti-social behaviour, abuse, negligence, aggressive behaviour
and the destruction of cultural and natural property); indecent assault and the principle of equality;
encouragement for the use of behaviour that is detrimental to human security, and the broadcasting during protected times (between 6am to 10 pm) of programmes with contents that may be
harmful to the development of young children. As one can deduce from these reasons, the OPPDH
could use this medium to act in relation to programmes that violate or provoke violation of the rights
of others and promote violent actions and the rejection of and disrespect for anything that, a priori,
is alien (for example, people who have immigrated, other customs, other religions, etc.).
3.4. The ministry of education
The Generalitat’s jurisdiction over non-university education is, without a doubt, one of the fields
where policy to promote human rights has a very wide scope for potential action, and particular
priority will need to be given by the OPPDH here, as well as to research.
Jurisdiction over non-university education is complex, although there is a sufficiently broad margin for the Generalitat to freely carry out its activity. It is broadly understood that entitlement to jurisdiction over non-university education is of a concurrent nature. In specific terms, on the basis of
the stipulations of articles 149.1.1 and 149.1.30 of the Spanish Constitution and article 131 of the
2006 Statute of Autonomy for Catalonia, it can be deduced that the regulation and administration
of the entire scope of education, together with the different levels, degrees, types and specializations lie with the Generalitat. The State, on the other hand, is responsible for regulating the conditions for obtaining, issuing and recognising academic and professional qualifications; the State
also establishes the basic regulations regarding the development of article 27 of the Constitution
(the right to education). Therefore, depending on the perspective from which this jurisdiction is
dealt with, it can be said to be either exclusive to the Generalitat or shared (according to the categorisation used by the Statute of Autonomy in articles 110, 111 and 112).
The Education Act (2/2006, dated 3 May, LOE) was passed by the Spanish Parliament in 2006.
This law lays down the basic regulations concerning non-university education and the basic minimum educational content, in the case of Catalonia, of 55% of school time (article 6.3 of the Education Act). One of the new developments of the law, as explained in the preamble, is the fact
that one of the purposes of education is for people to learn to respect fundamental rights and
freedoms and the real equality of opportunities between men and women, the recognition of affective and sexual diversity, and the critical appreciation of disparity (to overcome sexist behaviour).
The practice of tolerance and freedom is proposed as part of the democratic principles of coexistence and the prevention and peaceful resolution of conflicts.
These aims are embodied in articles 1 and 2 of the Education Act, which establish the principles of the new educational system and the purposes of education. Particular mention is made
14. Oficina de Defensa de l’Audiència.
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of points 1.b (“Education and the respect for fundamental rights and freedoms, the equality of
rights and opportunities between men and women, and the equality of treatment for and nondiscrimination of people with disabilities”), 1.c (“Education in tolerance and freedom as part of
the democratic principles of coexistence and the prevention and peaceful resolution of conflicts”)
and 1.e (“Education for peace, the respect for human rights, mutual coexistence, social cohesion,
cooperation and solidarity between people, and the acquiring of values that give rise to respect
for living beings and the environment, in particular the value of forested areas and sustainable
development”).
These goals are embodied in a new area of knowledge, education in citizenship and human
rights, which is being set up and will need to be offered at some stage in the three cycles of primary education and will appear for the first time as an independent subject in the curricular itinerary. During the stage of compulsory secondary education, this subject will need to be offered by
all educational institutions in one of the three academic years. At the higher secondary education
level, a compulsory subject included for all students would be philosophy and citizenship.
In primary education, education in citizenship will need to be dealt with in the form of three different content blocks:
• Block 1: The individual, and interpersonal and social relations. The minimum contents stipulated for this block are, amongst others, human dignity, human rights, the rights of the child,
the relationship between rights and obligations, the recognition of sexual differences, the
identification of inequalities between women and men, and appreciation of the equality of
mens’ and womens’ rights in the family, at work and in society.
• Block 2: community life. This block establishes, amongst other things, the following minimum
contents: civil values in democratic society (respect, tolerance, solidarity, justice, cooperation and the culture of peace); the application of civic values in situations of coexistence and
conflict in the immediate environment (family, school, friends, locality); the development of
understanding, solidarity and the appreciation of dialogue to solve problems of coexistence
and the conflict of interests in relations with other people; the right and obligation to participate (appreciation of the various ways to participate); responsibility in the exercising of individual rights and obligations of individuals as members of the groups in which they take part
(and participation in the affairs and decisions of these groups); social, cultural and religious
diversity; critical respect for the customs and different lifestyles of other people; and the identification of situations of marginalisation, inequality, discrimination and social injustice.
• Block 3: living in society. This block includes subjects such as: social coexistence; the need
for rules of coexistence; the principles of coexistence laid down in the Spanish Constitution;
the identification, appreciation, respect and care of public property and public services that
citizens receive from the State (municipal authority, regional authority, central State Administration); appreciation of the importance of all persons contributing to the maintenance of
these services through taxation; civic habits, civil protection and citizen cooperation in disaster situations; comprehensive citizen security and the appreciation of defence as a civic and
mutually binding commitment to peace.
During the stage of compulsory secondary education, the subject of citizenship and human rights,
which will need to be given during the first three academic years, deals with aspects referring
to human relationships on an interpersonal, family and social level. It will also need to deal with
citizens’ obligations and rights, with a more in-depth study of the meaning of the principles that
these are based on and the pinpointing of situations where they may be violated, so that students
can appreciate the defending of these rights and obligations. An understanding of how democratic
societies work helps students understand how the State is run and, in particular, the political
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model in Spain, in addition to the obligations and commitments of the State with the citizens and
of the citizens with the State. Finally, the citizens are seen as forming part of the global context
in the present-day world, and problems and situations in present-day society are analysed from
the perspectives of interdependence, inequality and conflict; at the same time, different ways are
studied to find solutions.
In this case, there are five subject areas, each of which has its respective core content:
• Block 1: Core contents.
• Block 2: Interpersonal relationships and participation.
• Block 3: Obligations and rights of citizens (in-depth study of a subject already worked on in
the third year of the first cycle).
• Block 4: Democratic societies in the twenty-first century.
• Block 5: Citizenship in a globalized world.
This stage of compulsory secondary education also includes a set course on ethical and civic
education for all students in the fourth academic year. This is therefore not an alternative course
for students who do not take religion. The basis of this course is also interpersonal relationship
analysis and coexistence: freedom and responsibility are analysed as characteristics that define
the individual and make coexistence possible through the respect for differences, with special emphasis on the rejection of violence in human relationships (in particular, gender-related violence)
and the acceptance of the principle of respect for the dignity of every person as the basic element
that makes coexistence possible. The study of human rights from the ethical and moral point of
view leads students to understand the moral basis for coexistence, enabling them to identify the
various common elements provided by different ethical theories for constructing common ethics,
which are the basis of coexistence in complex modern societies. This also helps students to gain
a more profound understanding of democracy, democratic institutions, and the principal values
laid down in the Constitution. This new ethical perspective makes it possible to analyse certain
problems that are characteristic of present-day society, such as the factors leading to the discrimination of different groups, globalisation, the global citizen concept, sustainable human development, and the concept of cooperation and the development of a culture of peace.
In the new curricula, special interest needs to be paid to equality between men and women; the
causes and factors responsible for discrimination against women are analysed and an appraisal
made of the principles of the individual’s dignity and equality in freedom, with consideration being
given to alternatives to such discrimination and violence against women.
On the basis of the minimum contents set by the State in accordance with its powers, the Generalitat will be able to decide on the specific programmes of subjects to be studied by school children and students in primary, secondary and higher secondary education. In the process of these
programmes being established, the OPPDH could carry out the activity of checking and evaluating the specific contents offered in schools in Catalonia. For example, in spite of the fact that the
Act and relevant decree laws emphasise gender-related issues to a considerable degree, the
OPPDH could make a proposal to highlight the fact that these should be treated not just as part of
the programmes, but that they should receive a more transversal treatment, thereby opening
up new perspectives and offering new solutions to problems in present-day society.
As regards the issues concerning cultural diversity in contemporary society, the students of today
are used to being in class with students from different countries around the world. The concept
of integration and equality should therefore be easier for them to assimilate than for previous
generations. This is undoubtedly an opportunity not to be missed in that a good education can
contribute to new conflicts being prevented in the future.
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The OPPDH could also play an important role in this area by giving guidance to those who are
responsible for preparing curriculum pathways for the different stages of non-university education, along the lines set out above. For this purpose, a panel of educational experts and senior
members of the various departments of the Generalitat could be set up within the framework
of the OPPDH to take charge of this fundamental matter. It could also involve senior staff in primary, secondary and higher secondary education, and from other government departments, such
as Social Action and Citizen Affairs, which could carry out the important work of giving guidance
to the OPPDH. This could be carried out, on the one hand, through the Secretariat for Immigration, the function of which is to make proposals to the Minister of Welfare and Family Affairs for
criteria aimed at promoting coordinated action in all the various departments of the Generalitat
concerning immigration, and, on the other hand, the Office for Mediterranean Immigration Studies and Cooperation,15 which is in charge of drawing up proposals aimed at channelling migratory
flows and the integration of foreign residents. It would also be interesting for a representative
from the Interministerial Commission on Immigration to be involved in the work of the panel of
experts and senior ministerial members, which is to provide support to government departments
so that cooperation with other public administrations in Catalonia is effective and efficient; so that
the different policies, actions and programmes on immigration implemented in Catalonia are coordinated and efficient; and so that institutional relations of the Commission are carried out. The
Interministerial Commission is also responsible for informing and documenting the Commission
on the situation of immigrants and of monitoring and coordinating the Commission’s reports and
its recommendations.
In order to be able to deal with contents relating to gender equality, it would also be very necessary for the Catalan Institute for Women16 to actively participate in the panel of experts and
senior ministerial members. The Institute would provide appropriate knowledge and tools that
could be included in curriculum pathways, although not just from the general perspective of malefemale equality, but also that the Institute could add more important elements aimed at preventing
gender-related violence, a kind of violence relegated up until now to the family context and which
in recent years has come to form part of the public agenda as one of the main problems in contemporary society. Although measures to reduce this social plague are beginning to be adopted
and to demonstrate their effectiveness in Western society, in other countries, especially the developing countries and those immersed in unsustainable levels of poverty, there is still a long way
to go. This reality must also be present in the mind-set of students.
One issue in which, as pointed out above, the OPPDH could take the initiative (for example,
through the carrying out of in-depth academic studies) is the matter of religion in schools. Article
21.2 of the 2006 Statute of Autonomy establishes the following right:
“In accordance with the principles established in Article 37.4, parents are guaranteed the
right of their children to receive moral and religious education in accord with their convictions
in State schools, in which the education is non-religious”.
In this area, the OPPDH could make use of all of its functions and authority to influence public
policy: it could act as a watch institute or observatory, as a reviewer of public policies and undoubtedly as an adviser by carrying out studies that reflect the situation of how different
religions are taught in schools. Above all, it could insist on the fact that it is not just a question
of teaching religion from a theological perspective, but more from a political and moral point of
view, i.e. as part of the individual’s process of learning. In this respect, one must remember that,
in accordance with article 161.1 of the 2006 Statute of Autonomy, the Generalitat has exclusive
jurisdiction over religious entities carrying out their activities in Catalonia, which would in any case
15. Oficina de la Mediterrània d’Estudis i Cooperació de les Magnituds i les Característiques del Fenomen Immigratori.
16. Institut Català de les Dones.
Strategies of respect and governmental coordination in relation to human rights
19
include the regulation and setting up of mechanisms for collaboration and cooperation for carrying out their activities within the scope of the powers of the Generalitat. In the exercise of these
powers, the integration of the various religious confessions could be promoted in such a way that
the activity of the OPPDH is seen as being a way of improving how religion is taught and not as
an intention to exclude religion from curriculum itineraries.
It would be very interesting in fact for school children, right from primary education onwards, to
receive a complete education on religious diversity and the influence that religion has in different cultures and traditions, and for them to understand that, while these elements distinguish
between people, they need not be an obstacle to understanding other people and their circumstances. A student’s assumption that his or her reality is the absolute truth is erroneous. Public
schools in Catalonia should offer students the possibility to understand not just their own cultural
environment (which in Spain continues be marked very strongly by the Catholic religion), but also
to understand the basis of other religions. This aspect is important because one only has to read
a newspaper or watch the TV news to see how different concepts like Arab, Moslem and Islamic
fundamentalist get confused. In the current global context, the situation of different ethnic groups
and religions needs to be very clear; this is the only way to avoid the customary criminalization
of certain groups because they come from a specific place or believe in a certain faith. Generalisations and stereotypes must be eradicated completely, and one of the instruments to achieve
this is for young children and adolescents to learn to distinguish and correctly identify, in a nonprejudiced way, the different situations and circumstances in the world that surrounds them. The
subject of religion in schools is mentioned again below. Nevertheless, all students, irrespective
of where they are from, need to be continuously instilled with the fact that there is a series of
common values in our society (essentially a person’s dignity and inherent rights, together with
democratic values) that cannot be renounced.
Along the same lines, there is a fundamental need for in-depth studies on the limits that exist to
rights. The international scenario shows that not only are restrictions being placed on rights that
up until now were considered to be inalienable as a consequence of state anti-terrorist policies,
but that, in addition, certain personal and political rights are being limited as a consequence of
a concept of tolerance and comprehension of the political context that is sometimes restrictive.
In this respect, a study is necessary, for example, of the repercussions of measures such as the
prohibition of the veil in schools or public university and the prohibition of professionals exhibiting
identifying symbols of a particular religion (a crucifix) or certain ideology (the badge of a political
party). It will also remain to be seen how far possible restrictions go with regard to the freedom of
expression and information, and also what rights are not developed due to their political inapproriateness at a given time. If these spheres can be made clear, it will be much easier to implement
public policies and carry out measures that are not in violation of the rights of people who live
together and form a particular political community, as is the case with Catalonia.
3.5. The ministry of innovation, universities and enterprise
The universities would undoubtedly be one of the preferential fields of action for the OPPDH,
in the sense that the universities and university degree programmes offer many instruments for
promoting human rights and peace.
Firstly, the OPPDH could establish contacts with different law faculties (in a preferential but nonexclusive way) with the aim of offering new course subjects on the promotion of peace and human
rights. Students can in general take courses on fundamental and human rights, but not always
from the global perspective that considers the recognition of and respect for these rights as a fundamental tool for achieving peace. The OPPDH’s function would be to ensure the presence of this
perspective. The issue here is not so much one of creating or establishing isolated courses, but
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of establishing new curriculum pathways in which the promoting of peace and human rights is the
core element. This academic approach could also be offered not just in law faculty departments,
but also with the participation of political scientists, sociologists and historians, amongst others.
Account needs to be taken of the fact that, with implementation of the European Higher Education
Area, new doors are opening to new studies, especially at the postgraduate, Master’s and PhD
level, which is where the universities themselves define the contents. In the medium term, a recognised Master’s programme on the promotion of peace and human rights promoted by the OPPDH
could be set up, in which prospective experts in these subjects could begin to be trained.
The OPPDH could sign agreements with the various universities through which students could
participate in the OPPDH’s activity or take training during specific periods of time. In this respect, it
is worth mentioning that mechanisms for direct cooperation between university faculties of law and
civil society have already begun to develop, for example, the highly laudable work being carried out
by the Dret al Dret group in the Faculty of Law at the Universitat de Barcelona. This project, which:
“is shared by people in the University, social organisations and public entities [...], is concerned about improving and fostering the following goals:
1. To improve and encourage the defence and exercise of the rights of people and groups
who are less fortunate.
2. To strengthen and improve the services aimed at groups that have greater difficulties in
accessing the necessary legal and social resources to defend their rights.
3. To improve the service given to organisations whose work has this same aim.
4. To encourage relations of cooperation and work carried out jointly between the Faculty of
Law (UB) and public, social and professional organisations.
5. To improve the learning of students studying law at the Universitat de Barcelona”.17
This type of initiative (and this example in particular) would enable the OPPDH to participate
directly, together with academic staff and students, in promoting human rights and peace. Within
the Dret al Dret group, in which various groups have been set up on specific issues, the OPPDH
could even promote a group to deal with subjects more closely related to its own functions and
priorities.
Another priority area for participation by the OPPDH in relation to the universities is of course
research (as stipulated in article 3 of the draft Bill). Amongst its first measures, the OPPDH will
need to include the establishing of close links with existing research groups and, if possible, the
promotion of new ones. In the case of the former, the aim would be to carry out joint work (research group-OPPDH), with the work being distributed accordingly. Given its position in relation
to the public institutions, the OPPDH (even though it is an independent organ) could provide updated empirical and statistical information, while the research groups and institutions could carry
out the more scientific work of studying particular issues that arise. It would be highly important
here for the OPPDH to have a clear agenda for action and to become a source of reference for
this type of analysis. By making use of its institutional position, the OPPDH can be a key element
in disseminating and transmitting the results of theoretical and practical research that has been
carried out. In this way, it can become a major tool for communication on these issues between
the universities and civil society.
Another task that the OPPDH could carry out, providing its economic capacity enables it to do
so, is to provide funding (grants) for research into specific matters that the OPPDH is interested
in developing. In this regard, the OPPDH has an important role to play in fostering the culture of
peace and research into subjects associated with peace and human rights and the safeguarding
and development of these rights.
17. Dret al Dret Project, http://www.ub.edu/dret/serveis/dret_al_dret/, coordinator: Antonio Madrid.
Strategies of respect and governmental coordination in relation to human rights
21
4. FINAL RECOMMENDATIONS
First of all, the OPPDH is recommended to focus its efforts especially on promoting and disseminating human rights. With this aim in mind, the OPPDH should prepare a simple guidebook on
human rights this is accessible to the public, which means a guidebook with the priority aim of
showing citizens, in a totally didactic way, what their rights are and what institutional and legal
instruments are available to defend them and, where appropriate, to call for their restoration. In
relation to these tools, the OPPDH would need to explain its work to the citizens (information and
promotion of human rights) and the rest of the Generalitat Administration (information, evaluation
and guidance).18
In carrying out the activity of promoting human rights, it is essential for there to be cooperation
with social entities that defend human rights and, in particular, because of its unifying nature, the
Catalan Federation of NGOs for Human Rights. The OPPDH can set in motion initiatives that
have the Government’s support, and these initiatives can then be transferred to society through
the Federation. The Federation should be used as the preferred vehicle for communication between the OPPDH (the Generalitat) and NGOs that defend human rights (understanding this
concept in a broad sense) in Catalonia, so that established NGOs also become involved in the
promoting of economic, social and cultural rights. In this respect, mention has already been made
above of the possibility of certain Catalan feasts (holidays) being devoted to certain rights.
In relation to the work of disseminating human rights, the OPPDH should concentrate its activity mainly on one particular group of rights; any attempt to deal with all of the problems arising
in relation to human rights and the defence, protection and promotion of human rights would be
overwhelming. Bearing in mind current legislation and the need for cooperation between the
various administrations, it would be good to focus on the following: equality between men and
women, dependants and, in order to deal with a growing concern among the population, housing.
In this respect, the OPPDH should monitor the proceedings of the Housing Act, which is currently
passing through Parliament and, once the Act has been passed, make the citizens fully aware of
it in order to avoid misunderstanding and abuse. To sum up, certain rights need to be prioritised
in relation to others and an agenda established by way of two or three-year plans, or plans that
possibly cover the whole legislature, according to the requirements of the different rights.
Secondly, and entering into the sphere of more specific measures, the OPPDH should actively participate in preparing the set of topics for public (civil) service in Catalonia and, in particular, for candidates to join the Catalan autonomous police force. Human rights, male-female equality and diversity
as a value that can be protected must be perfectly assimilated by the security forces here.
Thirdly, it is recommended that a panel on educational matters made up of experts and senior
ministerial members from the various ministries of the Generalitat is set up within the OPPDH to
be in charge of developing subjects on citizenship education (with special emphasis on the gender perspective), including a course on the different religions and cultures in school programmes
(in the most appropriate learning stage).
Fourthly, work needs to be started on establishing ties between the OPPDH and the universities in
Catalonia in order to set up joint study programmes and develop research projects on peace and
human rights. This subject needs to become not just an academic specialisation – which it already
is – but a professional one as well. Jurists in Catalonia need to understand human rights and they
need to understand the protection that they afford both here and at the international level.
18. For an example of the contents of this guide, consult the guide produced by the Commission for Equality and Human
Rights, which can be found at:
http://www.cehr.org.uk/libdoc/viewreal.rhtm/359912/EasyReadGuidetotheCEHR.pdf?Red60urne=e3d627be560414024afd
7b79329fd3bf.