No enforcement, no rights: the Equal Treatment Act still fails to reach victims of racism and antigypsyism in Spain [editar]

To mark 21 March, the International Day for the Elimination of Racial Discrimination 2026, we at Fundación Secretariado Gitano (FSG) reiterate our commitment to building a society that respects diversity and human rights, free from racism, anti-Gypsyism and any other form of ethnic or racial discrimination, particularly in times of social and political uncertainty such as those we are currently experiencing worldwide.

This date serves as a reminder that, despite regulatory and social progress in Spain, many people continue to face situations of inequality, exclusion and discrimination in their daily lives on the grounds of their origin or ethnicity. These realities manifest themselves in discrimination in access to employment, housing, education, social participation and in many areas of public life, having a particular impact on women, children and older people.

In this context, it is essential to recognise the specific situation of the Roma community, which, throughout history, has suffered persecution, stigmatisation and exclusionary policies, the consequences of which remain evident today in the form of structural social disadvantage, segregation and persistent discrimination. To highlight a few figures in Spain, 30% of Roma report having experienced discrimination in the last year; 1 in 3 Roma students attend segregated schools; the Roma population has the worst social image among the general population after the population of Moroccan origin, and 77% of the population living in slums or substandard housing are Roma (approximately 18 000 people, half of whom are under 16 years of age).

Over the last 20 years, FSG has documented and dealt with more than 4 600 cases of discrimination and sntigypsyism, and we have brought more than 30 strategic litigation cases before the courts. These figures demonstrate the existence of structural discrimination, which must be addressed as a matter of urgency.

At Fundación Secretariado Gitano, we consider it a priority to remind institutions and public authorities of their obligation to guarantee and consolidate all mechanisms and instruments that promote and protect human rights. In this regard, for many years we have called for the adoption of a comprehensive law on equal treatment in Spain to fill a fundamental legal gap, to establish a system of sanctions for the forms of discrimination that most frequently affect Roma people, and to guarantee effective redress for victims.

This long-awaited legislation finally came into force in 2022 with the adoption of Law 15/2022 of 12 July on comprehensive equal treatment and non-discrimination. However, almost four years later, the law is still not being applied in practice, due, firstly, to the absence of a sufficiently clear system of offences and sanctions, and secondly, to the fact that the law does not sufficiently identify who has the authority to apply that system of sanctions. In this regard, whilst we greatly value the progress made in establishing the Independent Authority for Equal Treatment, further impetus is needed to ensure its full and effective operation.

For all these reasons, in the context of the International Day for the Elimination of Racial Discrimination, we believe it is necessary that:

• The legislature reform and improve the penalty regime under Law 15/2022 of 12 July on comprehensive equal treatment and non-discrimination, in accordance with the principles of legal certainty and proportionality.
• The authorities responsible for imposing sanctions ensure the effective application of the law in the performance of their duties.
• The Statute of the Independent Authority for Equal Treatment and Non-Discrimination be approved without further delay.