Deusto Journal of Human Rights

Discrimination against immigrants and the policy making of norms and institutions for equal treatment. Introduction to the monograph

Lorenzo Cachón Rodríguez — 2023-12-22

The article, in addition to presenting the meaning of the public call and synthesising the content of the articles in the monograph on "Equality, Discrimination and Immigration", presents three main issues. Firstly, the iron laws that dominate migratory processes and which make immigrants one of the groups most affected by discrimination, which gives meaning to the focus of the monograph. Secondly, the policy making of the comprehensive equality law in Spain because, although some of the contents of this law are dealt with in various articles of the monograph, it is important not to forget the long and winding process that led to its approval. And thirdly, the article deals with the social complexity involved in moving from anti-discrimination regulations to egalitarian social practices.

Non-discrimination of immigrants in Spain: contributions of new Spanish legislation on equal treatment and non-discrimination to the European and international sphere

Fernando Camas Roda — 2023-12-22

The purpose of this paper is to carry out an analysis of Law 15/2022, of 12 July, on equal treatment and non-discrimination, approved in Spain in 2022, especially with regard to those of its precepts that affect migrants, and the contributions that this Spanish law can make to international and European legislation. In this sense, a comparison is made with the current Organic Law 4/2002, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration, which also recognises anti-discrimination rights for migrants. In any case, the basic field of study in the application of the anti-discrimination principle for foreigners who are third-country nationals is the labour market. It is precisely in the field of employment that this paper makes proposals for a more effective application of the principle of anti-discrimination to foreigners.

Received: 31 May 2023
Accepted: 03 August 2023

Policy coherence for vulnerability in migration. The crossroads of migrant integration governance

Sergio Moldes-Anaya — 2023-12-22

International migration is a multidimensional reality of great relevance for the development of countries of origin, transit, and destination, which requires coherent and comprehensive responses from governments. The objectives of this work are threefold. The first objective is to provide an overview of the levels of integration in the European context through reviewing policy indicators related to the vulnerabilities to which migrants are exposed. This objective draws on the Migration Policy Index for Integration (MIPEX) and a review of reports of the European Migration Network Luxembourg. The second objective, identifying differences in the levels of protection perceived by racial minority groups in the selected case countries, is achieved by using data from the European Social Survey. Finally, the need for a policy coherence approach to vulnerability in migration will be addressed as a proposal for a trade-off between sectoral dimensions and a strategy for mitigating the vulnerabilities identified.

Received: 30 May 2023
Accepted: 12 November 2023

Equality bodies in the European Union: The Spanish independent authority for equal treatment

Ángeles Solanes Corella — 2023-12-22

The preceding two decades have been characterized by the evolution of equality bodies at the domestic level. Recently, several propositions have been advanced with the aim of instituting minimal prerequisites for the functioning of equality entities, aimed at enhancing their efficacy and ensuring their independence, thus fortifying the enforcement of the principle of equal treatment. In Spain, Law 15/2022 has provided for the creation of the Independent Authority for Equal Treatment and Non-Discrimination, but after the six months established for its configuration, it has not been set up. This work critically examines the proposed reforms within the Equality Directives concerning these bodies and their implementation in the case of Spain. At the same time, it assesses, from a proactive perspective, how to develop European standards in line with the proposal, so that equality bodies can deploy their full potential.

Received: 15 May 2023
Accepted: 06 November 2023

The Court of Justice of the European Union on Ethnic and Racial Discrimination: An Analysis of the Application of Directive 2000/43/EC

Nacho Hernández Moreno — 2023-12-22

Xenophobia, racism, and the resulting discrimination in practice hinder the path towards achieving regulated equality and the prohibition of discrimination, aiming for a society where all individuals can enjoy substantial equality. Specifically, Directive 2000/43/EC was developed within the framework of the European Community to protect migrants and individuals belonging to ethnic minorities who are more likely to be victims of such discriminatory acts and may find themselves in a situation of greater vulnerability due to structural circumstances.This study examines the various areas of application of the Directive that have been addressed judicially by the Court of Justice of the European Union. To accomplish this, a critical analysis is conducted of the limited number of pronouncements despite more than two decades having passed since the Directive’s entry into force.

Received: 22 May 2023
Accepted: 18 November 2023

The future Independent Authority for Equal Treatment and Non-Discrimination: Institutional Design for Independent and Effective Assistance

Laura García-Juan — 2023-12-22

European Union law has encouraged the establishment of Equality Bodies, but many of them have practical difficulties to exercise their competences effectively. In Spain, the Consejo para la Eliminación de la Discriminación Racial o Étnica performs the key function of providing legal assistance to victims of discrimination, but with considerable obstacles due to its lack of legal independence and resources. Two recent Spanish and European legal initiatives should act as a catalyst for improving CEDRE’s institutional design and the performance of its assistance function. This paper analyses these initiatives and their relevance in the Spanish context. We suggest a new institutional design for the future Spanish Equality Body using the experience of CEDRE and taking advantage of the decentralisation of the Spanish Administration which would guarantee the independent and effective provision of legal assistance to victims.

Received: 25 September 2023
Accepted: 14 November 2023

Member States in the face of the massive influx of displaced persons and applicants for international protection: Discrimination or justified application of EU law?

Francisco Javier Durán Ruiz — 2023-12-22

The aim of this research is to analyze whether the differences in treatment in the different Member States and the dysfunctions and breaches of the rules of the Common European Asylum System, as well as the different solutions adopted by the European Union in the face of applicants for international protection in cases of mass influxes of displaced persons, amount to discrimination contrary to the Geneva Convention, the EU Charter of Fundamental Rights or Directive 2000/43/EC on equal treatment of persons regardless of their racial or ethnic origin, or whether they are justified by EU rules. To this end, we first analyze some differences in treatment in the Common European Asylum System according to the national origin of applicants and the Member State of application; we then examine in depth the Council Decision on the application of the Temporary Protection Directive to Ukrainian nationals displaced by war, determining whether its nonapplication in similar situations such as the crisis in Belarus or the war in Syria constitutes discriminatory treatment, as well as the exclusion from its scope of application of certain groups of non-EU persons in need of international protection. Finally, it analyses whether the “Crisis Regulation” proposed in the EU’s New Pact on Migration and Asylum provides solutions to these cases of differential treatment or discrimination.

Received: 25 September 2023
Accepted: 19 November 2023

The intersectionality of gender, race and ethnicity discrimination of women asylum seekers who are victims of gender-based violence in the EU. Special reference to the Italian situation

Natalia Elizabeth Vigano — 2023-12-22

When we delve into the situation of women and girls seeking asylum in the European Union (EU), factors of discrimination such as gender and ethnicity become evident almost immediately, exerting significant influence over their entire migratory process. Many female migrants, especially those who are victims of gender-based violence, not only face a sexist and patriarchal system but also find themselves in a particularly vulnerable position due to their ethnic background. In this regard, we will proceed to address, from an intersectional perspective, gender and ethnicity as factors of discrimination and subordination. This will be accomplished through an examination of the regulations adopted within the framework of European law, as well as their implementation in the legislation of Italy as an EU member state. The objective is to determine the extent of protection provided to migrant women who are victims of violence and persecution on grounds of gender.

Received: 31 May 2023
Accepted: 30 November 2023

Algorithmic discrimination and its impact on human dignity and human rights. Special reference to immigrants

José Miguel Iturmendi Rubia — 2023-12-22

Algorithmic discrimination, also known as algorithmic bias, refers to the phenomenon in which artificial intelligence algorithms and machine learning perpetuate or even amplify existing human prejudices and biases in the data they are trained on. This issue raises serious concerns regarding human rights, especially in the context of immigrants. It can lead to social exclusion, marginalization, and the perpetuation of negative stereotypes. These opaque algorithms can hinder accountability and the appeal of unfair decisions. Addressing this problem requires the implementation of ethical algorithm development practices, such as transparency in design and data collection, algorithm auditing, and diversity in development teams. Additionally, effective regulation is needed to ensure the protection of human rights in the context of algorithmic discrimination, particularly for immigrants.

Received: 31 May 2023
Accepted: 19 October 2023

Cea D’Ancona María Ángeles y Valles Martínez Miguel S., eds. 2020. Discriminación múltiple. Medición y acciones antidiscriminatorias. Madrid: Dextra Madrid. 224 p.

José A. Oleaga — 2023-12-22

The book by Mª Ángeles Cea D'Ancona and Miguel S. Valles Martínez (eds.) entitled Discriminación múltiple. Medidas y acciones antidiscriminatorias, brings together the most relevant information from their MEDIM II project (Measuring Multiple Discrimination II) and provides interesting and valuable proposals for action for public policies aimed at achieving equal treatment and non-discrimination in Spain. In it, we will find a conceptual reflection on multiple discrimination, as a prior step to the design of methodological strategies for its measurement, which allow us to detect and propose specific anti-discrimination measures. The chapters analyse the role of NGOs of and for immigrants in the institutional and discursive anti-discrimination context (Latin American, Afro and LGTBI cases); the fight against Islamophobia in Paris, London and Madrid; the multiple discrimination suffered by people with mental disorders; data and discriminatory stories related to disability; and the differential health determinants and stories of discrimination of the sons and daughters of immigrants in the Community of Madrid.

Crowley, Niall. 2022. To name and address the underlying problem: Structural discrimination on the ground of racial or ethnic origin, Brussels: European Commission, Directorate-General for Justice and Consumers, 110 p.

Lorenzo Cachón Rodríguez — 2023-12-22

The review of Niall Crowley's book To name and address the underlying problem: Structural discrimination on the ground of racial or ethnic origin (2020) highlights the importance of addressing structural discrimination on the ground of racial or ethnic origin, which at EU level has only begun to be done with the EU Anti-Racism Action Plan adopted in 2020. The review points out the desirability of clarifying the concepts used to analyse racism and structural discrimination, the need to address the different processes of discrimination suffered by immigrants, and the urgency of making anti-discrimination policies based on racial or ethnic origin (and immigrant status) cross-cutting elements of all public policies to combat structural discrimination.