Final Observations of the Human Rights Committee on Spain
On July 18, 2025, the United Nations Human Rights Committee adopted the final observations related to Spain’s seventh periodic report, contained in the official document CCPR/C/ESP/CO/7.
The examination of the report took place during sessions held on July 2 and 3, 2025, and the observations were adopted at the plenary session on July 15. This monitoring process is essential to evaluate the effective implementation of civil and political rights in Spain, highlighting both progress achieved and remaining deficiencies and challenges.
The Committee, composed of independent human rights experts, oversees the compliance of States Parties with the International Covenant on Civil and Political Rights (ICCPR), thereby promoting the effective guarantee of fundamental rights such as freedom of expression, freedom of peaceful assembly, the right to a fair trial, equality before the law, and the prohibition of torture, among others.
First, the Committee addressed the situation regarding historical memory and the serious human rights violations committed during the Spanish Civil War and the Franco dictatorship. It acknowledged recent advances, such as the 2022 approval of the Democratic Memory Law and the establishment of relevant institutional mechanisms for the recognition and reparation of victims. However, it expressed deep concern over the continued validity of the 1977 Amnesty Law, which hinders the effective prosecution of serious past crimes, and noted that criminal proceedings opened since 2010 have not led to effective actions against alleged perpetrators. The Committee also highlighted the persistence of laws inherited from the dictatorship that obstruct access to truth and justice, as well as the negative impact of certain “laws of concord” in some autonomous communities that omit recognition of the violations suffered. The Committee valued efforts to recognize victims such as children forcibly taken during the dictatorship, although it regretted the slow progress in approving specific legislative measures.
Among other key points in the final observations is the prevention and fight against corruption. In this regard, the Committee positively noted the entry into force of Law 2/2023 for the protection of whistleblowers; however, it warned about persistent shortcomings in transparency and accountability, especially concerning high-ranking public officials and the judiciary. It also emphasized the need to strengthen investigative and sanctioning mechanisms to effectively eradicate corruption.
Regarding freedom of expression and surveillance, the Committee expressed concern over reports of illegal surveillance targeting activists, journalists, and political representatives through technologies such as Pegasus. It lamented the lack of official investigations and inadequate judicial oversight of these practices. Therefore, it called for a regulatory review to ensure that any surveillance measures strictly comply with the principles of legality, necessity, and proportionality.
With respect to transparency and access to public information, the Committee observed structural obstacles in the implementation of Law 19/2013, noting significant exclusions and the absence of effective sanctions. Consequently, it recommended promoting active, accessible, and equitable use of transparency mechanisms by all public administrations.
Concerning the rights to peaceful assembly and association, the Committee recommended the decriminalization or at least significant restriction of criminal penalties for defamation and insult, reserving them for serious cases affecting fundamental rights. It also urged a review of Organic Law 4/2015 to prevent disproportionate administrative sanctions that unduly limit the legitimate exercise of these rights.
Finally, the Committee highlighted the urgent need to protect human rights defenders, activists, and journalists so that they can carry out their work without fear of reprisals or improper surveillance. It recommended ensuring the existence of effective protection and reparation mechanisms against threats or attacks.
From FIBGAR’s perspective, we positively value the rigor and thoroughness of the Human Rights Committee’s report, which reaffirms the importance of deeply addressing the pending challenges in respecting and guaranteeing civil and political rights in Spain. Only through a collective and sustained commitment can it be ensured that international recommendations translate into concrete actions, overcoming impunity and strengthening the protection of human rights for present and future generations.
