Barcelona Observatory Report 2020 Executive Summary

1. Introduction

For the third year running, the Barcelona ganisations joining the Board, which Discrimination Observatory is publish- extended its radius for recording dis- ing its annual report on discrimination criminatory situations. Despite the rise in Barcelona. The 2020 report includes in number of cases, it should be noted detailed data of discriminatory situa- that these data are not representative tions that have occurred in the city, the of all the examples of discrimination in actions and strategies adopted to tack- the city, as under-reporting continues le them, the impact of the pandemic on to be a problem that hides many cases discrimination, the services offered, of discrimination in Barcelona. and the challenges that lie ahead. This year’s data were supplemented The report is mainly based on quantita- with data extracted from the Survey on tive and qualitative data gathered by the local resident relations and community organisations making up the Observato- life in the Barcelona Metropolitan Area 3 ry, which include the Office for Non-Dis- (ECAMB), which collects resident’s per- Barcelona crimination (OND), the Board of Organi- ceptions and experiences of discrimi- Discrimination Observatory sations for the Assistance of Victims of nation in the city, taken from interviews Report 2020 Discrimination (SAVD), comprising 22 or- conducted between October and De- Executive Summary ganisations, and Barcelona City Council’s cember 2020 with 5,437 people form the Resources Centre. Barcelona Metropolitan Area; and also with a test on discrimination in access to There were 436 situations of discrim- the rental housing market in the city. ination recorded in 2020, a higher fig- ure than in 2019, as a result of new or-

2. What do we mean when we talk of discrimination?

Racism and

LGBTI-phobia Discrimination is any distinction, exclu- sion, restriction or preference based on any ground, such as culture, ethnic ori- gin, sexual orientation, gender or other Aporophobia Language characteristics that are not relevant to the issue in question.

Discrimination is remedied by the right to non-discrimination, which, above all, Ideology Religion seeks to protect people and groups that have been historically excluded from pro- tection of their rights and freedoms, with the aim of creating equal conditions and Gender Health ensuring everyone enjoys their rights. Age Several lists of categories or personal features have thereby been legally es- tablished and they must be specifically protected to ensure no one is treated differently from another in the same situation on the grounds of their having one or more of these features.

The grounds of discrimination that ap- pear in this report reflect the previously mentioned categories protected against discrimination in international, EU, na- tional and local instruments for safe- guarding human rights. The most signif- icant grounds have been chosen taking into account Barcelona’s context.

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Barcelona Discrimination Observatory Report 2020 Executive Summary

3. Covid-19’s effect on discrimination

2020 was strongly shaped by the Cov- a fairly widespread surge in attending id-19 pandemic, which also had an im- to the basic needs of users of organ- pact on discrimination and the work of isations , com- organisations working to tackle it. Dis- pelling the latter to adapt their roles so criminatory situations were exacerbat- they could take on more welfare-based ed by widespread fear, distress and ten- tasks. This, added to the virtualisation sion, and this led to some pre-existing of some types of assistance, made it cases of discrimination being justified difficult for situations of discrimination or expressed with higher levels of ten- to be recorded and dealt with. sion and violence. The SAVD organisations denounced the As the data used in the following point fact that the management of the pan- shows, the pandemic also had an impact demic did not take into account the spe- on the spaces where discrimination oc- cific needs of the most vulnerabilised curred. We can see that there was a rise collectives, such as individuals in a sit- in the number of coexistence problems uation of homelessness, who were fined in housing and residents’ communi- for being out on the street during the ties. With regards to assistance for vic- curfew, when they had no home to go to. tims of discrimination, there has been 4. Results of the report

4.1. Who is discriminated against? 4.2. Who discriminates?

According to the data collected by the In 2020, individuals (42%) were the main OND and the Board’s organisations, in discriminators, according to the com- 2020 individuals who identified as male plaints recorded by the SAVD Board of continued reporting more situations Organisations and the OND, followed of discrimination than those who iden- by private entities or companies (29%), tified as female. As regards age, 76% down by 6.4% compared to the 2019 re- of those who reported discrimination port. Another discriminator was the se- were within the 25-to-39 and the 40-to- curity forces, both public and private: if 64 age brackets. we add the cases committed by the po-

lice forces and private security, we have 5 Another factor recorded in this point is a discrimination rate of 15.7%. Barcelona that at least 11.5% of the people who Discrimination Observatory suffered discrimination were in an ir- Report 2020 regular administrative situation, refu- Executive Summary gees or asylum-seekers, situations that could lead to an additional vulnerabil- ity when it comes to reporting cases of discrimination.

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4.3. Where does the 15 10 discrimination occur? SARRIÀ - HORTA SANT GUINARDÓ NOU 12 GERVASI BARRIS

8 LES SANT CORTS 20 The districts of Eixample, Ciutat Vella GRÀCIA ANDREU and Sants-Montjuïc were the ones that EIXAMPLE continued recording more cases of dis- 58 > 56 SANT MARTÍ crimination. As for the area where dis- CIUTAT SANTS - VELLA 26 27-55 crimination occurred, there was still MONTJUÏC a balance between public and private 30 16-26 spaces, as in 2019. Within private spac- 12-15 56 es, there was a sharp rise in the number 0-11 of cases of discrimination recorded in houses, flats and other dwellings, from Barcelona city: 39 Other: 11 Not specified: 138 42 in 2019 to 70 in 2020, resulting from restrictions linked to the pandemic. scope of the problem provided evidence of discrimination on the grounds of rac- Added to the cases of discrimination ism and xenophobia. The study confirmed occurring in dwellings and neighbour that couples with Arab names received communities were situations of discrim- 18.8% fewer replies to applications sent ination when renting or purchasing a in response to rental announcements dwelling. A housing test commissioned than couples with local names, and they by Barcelona City Council to check the had less access to visit the properties. 4.4. Grounds of discrimination 1.5% 2.7% 0%

5.2% and xenophobia remained the 5.6% main grounds for discrimination in Bar- celona in 2020, representing 34% of 6.7% the cases recorded by the Observatory. 33.9% They were followed by discrimination on the grounds of LGBTI-phobia (24%), dis- 9.8% ability (11%), language (10%), religious grounds (7%), health (6%), gender, ide- 10.8% ology and age. 23.9%

Racism and xenophobia Health 6 LGBTI-phobia Aporophobia Barcelona Discrimination Disability Gender Observatory Report 2020 Language Ideology Executive Summary Religion Age

Racism and xenophobia: more cases committed by individuals

Discrimination on the basis of racism is based on the belief and attitude of con- sidering the natural superiority of one group over another and is manifested against individuals according to their Despite the state of emergency, mobili- skin colour or a fictitious attribution to a ty restrictions and lockdown periods in supposed “race”. Discrimination on the 2020, the number of instances of racist basis of xenophobia, on the other hand, discrimination rose, reaching a total of refers to the fear or rejection towards 163 cases, 15 more than in 2019. We can different people or cultures, or consid- see a clear predominance of cases of ered as foreign. discrimination committed by individu- als (44%) and a 9% rise in the number of those committed by the public adminis- tration, with a total of 28 cases.

A clear link can be detected between discrimination on the grounds of racism and xenophobia and discrimination on the ground of religion: in 84% of the 32 total situations of the religion ground, the motives were also linked to racism, an especially important fact in the cases of , which constituted the overwhelming majority of those record- ed on the ground of religion and show the ex-istence of anti-Muslim racism. LGBTI-phobia: neighbour harassment increases

LGBTI-phobia is a form of against, hostility towards or rejection of LGBTI people or anyone identified with this collective. The number of cases of discrimination on the ground of LGB- TI-phobia came to a total of 115, almost the same as in 2019 (114) and individuals were still the main discriminators. Pub- lic spaces were the most common set- ting for this discrimination, although the number of cases occurring in houses, flats and other dwellings rose during the pandemic, from 9 to 23.

7 Neighbour harassment was one of the Barcelona main problems reported by organisa- Discrimination tions and services working to defend Observatory Report 2020 the rights of LGBTI people. Executive Summary

Disability: more cases of discrimination in public spaces

Discrimination on the ground of disabil- ity occurs when one person gives some- one else unfavourable or discriminato- ry treatment on the basis of the latter having a disability. In 2020, there were 151,846 individuals living with a recog- nised degree of disability in Barcelona.

Disability remained the third most-com- mon ground of discrimination recorded by the Observatory, with a total of 52 cases, 85% of them on the basis of a physical disability.

The main discriminator on the basis of The organisations working with people disability was the public authority, with with criticised the invisibility the number of situations having risen of these groups during the pandemic and by 5.7%, representing 49% of the total the fact that the authorities had failed cases. In addition, there was a 20% in- to provide specific measures to ensure crease in the number of situations re- their right to personal autonomy. ported in public spaces. Language discrimination: common in shops and markets

In the area of language discrimination, 2.1% 2.1% where a total of 47 cases were reported in 2020, private organisations or compa- nies continued to be the main discrim- inator (71%). As for the spaces where such discrimination occurred, there was 25% a drop in the number of cases in bars and restaurants (from 10 to 4), circum- stances directly linked to the restric- tions caused by the pandemic, while the 70.8% number of situations in shops and mar- kets rose (from 0 to 12 cases).

8 Discrimination on the ground of language often leads to degrading treatment in Barcelona Individuals Public authority Discrimination the form of verbal violence, as well as Observatory differential treatment in the provision of Report 2020 Private Police forces Executive Summary services or access to information. organisations / companies

Health: clear effect of the pandemic on mental health

According to the WHO, ‘Health is a state Health 27 of complete physical, mental and social well-being and not merely the absence Mental 14 of disease or infirmity’.Discrimination on the ground of health, 27 cases of Serophobia 8 which were recorded in 2020, occurs when an arbitrary distinction is made Other 5 between people on the basis of their state of health.

Following the outbreak of the global In 2020, 52% of the health discrimina- pandemic, there was a change in trend tion cases were committed against peo- as regards discriminators in the area of ple with mental health conditions, who health: almost 70% of the cases of dis- in many cases had experienced a wors- crimination recorded were committed ening of their symptoms (caused by by private organisations or companies. anxiety, uncertainty, fear and a higher One of the main problems reported here vulnerability to contract the Covid-19 vi- were cases of discrimination linked to rus) and greater difficulties in maintain- insurance companies, which denied ing their usual work activity. coverage to individuals on the ground of their health. Another phenomenon among the cases of discrimination on the ground of health was the one suffered by individuals with HIV/AIDS, known as serophobia, rep- resenting 29.6% of the cases on health grounds. The main forms of discrimina- tion that this group suffered were re- strictions to or difficulties in accessing health services and private medical in- surance companies. Such denial of ac- cess could imply violations of rights in numerous fields of life, including access to mortgages.

9 Aporophobia: Barcelona Covid-19’s big impact on homelessness Discrimination Observatory Report 2020 Aporophobia is a phenomenon expressed There was a clear predominance of police Executive Summary through contempt, phobia, aversion, re- forces as discriminators – they account- jection or hatred towards poor people. ed for 72% of the recorded cases – and of cases occurring in public spaces, which There was a drop in the recorded number represented 80% of the total. of cases of aporophobia in 2020 (from 29 to 25) due to organisations work- This trend reflects the specific problem ing in the field of homelessness being that homeless people in Barcelona suf- overwhelmed and forced to focus their fered in 2020: they were directly affect- efforts on dealing with the increased ed by the measures adopted following demand for basic services from users, the pandemic and by the fines that re- without being able to record cases. sulted from them, being unable to com- ply with the restrictions on mobility and presence in outdoor public spaces during curfew times.

80% 72% 70%

60%

50% 43.3% 2019 40% 33.3% 2020 30% 20% 20% 16.7%

10% 6.7% 4% 4%

0% Police forces Individuals Public authority Private organisations / companies 4.5. Perception of discrimination in neighbourhoods

This year’s data extracted from the Besides these three factors, the ECAMB Survey on local resident relations and also looked at other indicators, such as community life in the Barcelona Metro- the main discriminators, who were indi- politan Area (ECAMB) provided comple- viduals in 90.4% of the cases, or the main mentary information on the perceptions grounds of discrimination, which in 2020 and experiences that residents had of dis- were gender (7.7%) and ideology (6.9%). crimination in the city and its neighbour- By contrast, there were smaller percent- hoods. This survey is the result of 5,437 ages for the main grounds detected by interviews made in the Barcelona Metro- the OND and the Board’s organisations: politan Area (4,043 in Barcelona) between discrimination on the grounds of skin 29 October and 23 December 2020. colour or ethnic or national origin repre- sented 3.4%; sexual orientation or iden- tity, 0.9%, and disability, 0.5%. 10 If we look at the overall figures, the sur- vey shows three important indicators: Barcelona Discrimination Observatory • Perception of discrimination in the Report 2020 neighbourhood. 15.6% of Barcelona’s Executive Summary population believe that there are peo- ple in their neighbourhoods who are discriminated against.

• Spontaneous recollection of discrim- ination. This refers to whether the re- spondents remember having suffered an episode of discrimination or been a victim of rejection in their neighbour- hood in the previous year. 6.6% of the people interviewed had suffered at least one instance of discrimination.

• Neighbourhood discrimination index. In addition to spontaneous recollec- tions, the survey also asked whether its respondents had suffered a series of certain personal situations of dis- crimination, specified by ground. The results show that 16% of Barcelona’s residents have experienced a situa- tion of discrimination in their neigh- bourhood. On average, each person has been discriminated against on 1.7 grounds, meaning that in many cases they have been a victim of multi- discrimination. 5. Impact of discrimination on our rights

Discrimination often leads to the vio- On what grounds is the right to physical lation of one or more human rights. In integrity violated? 2020, attacks on moral integrity con- 1.8% tinued to predominate, as in previous 1.8% years, in the situations recorded by the 5.3% OND and Board of Organisations, with 5.3% 164 violations (26.5% of the total). It is especially worrying that violations of 5.3% physical integrity, implying discrimina- tion expressed in the form of physical 47.4% assaults, remain the second most-com- mon violated right, with 57 situations re- 33.3% ported (9.2% of the total, 3% fewer than 11 in 2019). The LGBTI (47.4%) was the col- lective most affected in such cases, as Barcelona Discrimination in 2019, with 27 assaults reported, fol- Observatory Report 2020 lowed by assaults motivated by racism LGBTI-phobia Gender Executive Summary and xenophobia (33.3%), with 19 cases. Racism and xenophobia Aporophobia Health Ideology Religion

6. Advances and recommendations for 2021

There were three key advances in 2020 in the area of discrimination in the city:

• The passing of the Catalan Equal ination or violence on the grounds of Treatment and Non-Discrimination sexual orientation, gender identity or Act, which sets out a series of ad- gender expression in Barcelona and vances in key areas, such as the rights extends collaboration between the of victims in the disciplinary proce- services and organisations associated dure, the disciplinary capacity of local with defending LGBTI people. authorities and the inclusion of aporo- phobia as a ground for discrimination. • The amendment to the Penal Code to It also creates different instruments eliminate the forced or non-consen- for protecting and promoting equal sual sterilisation of legally incapac- treatment and non-discrimination. itated individuals with a disability harmonises Spanish legislation with • The Barcelona Action Protocol for situ- the UN Convention on the Rights of ations of discrimination on the ground Persons with Disabilities and, more of LGBTI-phobia strengthens the tools specifically, the right to respect for for combating situations of discrim- one’s home and family. These advances, as well as the chal- lenges posed by the pandemic, set the framework for the main recommenda- tions and lines of action of the Discrimi- nation Observatory’s member organisa- tions for 2021:

• To ensure that the procedures for ac- • To make progress in implementing cessing services and basic rights are legislation already in existence, but adapted to the needs of the most vul- which is not regulated or has no budg- nerable collectives and move towards etary provision, such as the decree of an assistance model that puts people accessibility in Catalonia, which must at the centre. implement Law 13/2014, and Decree 150/2017 on inclusive education, or the • To raise public awareness of the re- Comprehensive Strategy for Tackling porting tools offered by the authori- Homelessness in Catalonia, which, de- ties and social organisations in Bar- spite its approval in 2017, still has no celona to tackle under-reporting and budgetary provision. 12 strengthen alternative channels for resolving disputes, based on a restor- • A key action for 2021 will be the imple- Barcelona Discrimination ative approach. mentation and regulation of the Equal Observatory Report 2020 Treatment and Non-Discrimination Executive Summary • To create action protocols in the ar- Act and its application in Barcelona, eas where discriminatory practices maintaining the joint work between are detected, such as ethnic profiling, the authorities and social organisa- where there is a need to implement a tions, which have been working in the protocol against fight against discrimination in the city in police actions. for over two decades. • The establishment, by the Catalan Ministry of Health and the Public Pros- ecutor’s Office, of a protocol regulat- ing the mechanical restraint of peo- ple with mental health conditions and people with intellectual disabilities, so such types of hospital practices are notified to the Public Prosecutor’s Office, which will be empowered to approve or deny them – as is already the case in prisons and old people’s homes – and specific spaces are set up for such restraint which are provid- ed with video-surveillance cameras and medically monitored every hour.

Barcelona Discrimination Observatory Report 2020 Executive Summary