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Spain’s Failure to Protect Rights Amid Rising Pandemic-Linked Poverty
Food insecurity and poverty are enduring problems in Spain. Just over a decade ago, the 2008 global financial crisis sharply exacerbated both food insecurity and poverty. And just as people’s living standards seemed to improve, the Covid-19 pandemic and its economic impact have made both poverty and food insecurity worse once more.
 
At the start of the pandemic, the Spanish government expanded existing unemployment support programs and introduced a new flagship social assistance program. However, despite the government’s stated good intentions, existing weaknesses and flaws in the social security system, as well as problems in the design of new forms of assistance, meant that support fell short of what was needed. Limitations on the scope and eligibility of both existing and new measures have meant that many people still depend on non-governmental food aid to feed themselves and their families, and struggle to meet their basic needs. As a result, Spain’s government is failing its obligations to protect and fulfil people’s rights to food and an adequate standard of living.
 
Spain was no exception to the devastation of the Covid-19 pandemic.
People queue to receive donated food in Barcelona, Spain, November 10, 2020. © 2020 AP Photo/Emilio Morenatti
Food insecurity and poverty are enduring problems in Spain. Just over a decade ago, the 2008 global financial crisis sharply exacerbated both food insecurity and poverty. And just as people’s living standards seemed to improve, the Covid-19 pandemic and its economic impact have made both poverty and food insecurity worse once more.
 
At the start of the pandemic, the Spanish government expanded existing unemployment support programs and introduced a new flagship social assistance program. However, despite the government’s stated good intentions, existing weaknesses and flaws in the social security system, as well as problems in the design of new forms of assistance, meant that support fell short of what was needed. Limitations on the scope and eligibility of both existing and new measures have meant that many people still depend on non-governmental food aid to feed themselves and their families, and struggle to meet their basic needs. As a result, Spain’s government is failing its obligations to protect and fulfil people’s rights to food and an adequate standard of living.
 
Spain was no exception to the devastation of the Covid-19 pandemic.
Food insecurity and poverty are enduring problems in Spain. Just over a decade ago, the 2008 global financial crisis sharply exacerbated both food insecurity and poverty. And just as people’s living standards seemed to improve, the Covid-19 pandemic and its economic impact have made both poverty and food insecurity worse once more.
At the start of the pandemic, the Spanish government expanded existing unemployment support programs and introduced a new flagship social assistance program. However, despite the government’s stated good intentions, existing weaknesses and flaws in the social security system, as well as problems in the design of new forms of assistance, meant that support fell short of what was needed. Limitations on the scope and eligibility of both existing and new measures have meant that many people still depend on non-governmental food aid to feed themselves and their families, and struggle to meet their basic needs. As a result, Spain’s government is failing its obligations to protect and fulfil people’s rights to food and an adequate standard of living.
Spain was no exception to the devastation of the Covid-19 pandemic.
As of June 13, 2022, more than 107,000 people had died with or of Covid-19, and there had been almost 1,700 Covid-19 related deaths during the prior month. Beyond the immense human toll and its effect on the general population, the public health protections that significantly restricted activity imposed during a nationwide lockdown and resulting economic closures have wreaked havoc on people living in or near poverty.
Many people in Spain already experiencing poverty were left further exposed to a complete loss of income and lack of access to adequate food. Others, previously employed and living above the poverty line, found themselves suddenly out of work and struggling to access a social security system, which was overwhelmed by demand. As incomes slowed to a trickle, people began to fall behind on monthly payments and to go hungry. The sight of food queues at churches, neighborhood associations, and community centers, with shopping carts left in orderly lines in anticipation of food distribution, became commonplace.
At a minimum, tens of thousands of people living in poverty have faced violations of their right to an adequate standard of living, and difficulties securing their rights to food and social security and social assistance during the pandemic.
The government took some important steps to address the sudden loss of income for so many, expanding an existing furlough program (ERTE, the Spanish acronym for an existing labor code provision for temporary work reduction) expressly for the Covid-19 pandemic, and fast-tracking the introduction of the Minimum Vital Income (IMV, ingreso mínimo vital), a social assistance scheme planned before the pandemic whose introduction was brought forward to May 2020. The IMV was not a basic income scheme, but rather a non-contributory social assistance program. Spain is a relative latecomer among European countries to having a nationwide social assistance program. Both the expansion of ERTE and introduction of IMV were intended to complement the existing social security system.
However, these schemes were insufficient to compensate for the weakness of the social security system and fell short of meeting people’s needs, leaving them instead to rely on food aid. The Spanish state provided emergency food assistance delivered through the EU’s Fund for European Aid to the Most Deprived (FEAD). However, this fell short of demand, leaving charities and community organizations to fill the gap.
The Minimum Vital Income scheme, which, as of June 2022, allowed applicants to claim between €491 and €1,081 per month based on household size, while admirable in its objectives, proved extremely difficult to access due to stringent eligibility criteria and documentation requirements. Investigative journalists have discovered that exclusions baked into the system, some of which are evidently arbitrary, as well as a system overwhelmed by demand, may have contributed to very high rates of refused applications. Studies of official social security data show that three quarters of applications for IMV were rejected. Moreover, the levels of support are inadequate to meet basic needs.
Applicants in the autonomous communities of Spain with similar or complementary minimum income schemes also faced difficulty accessing these supports as regional and central governments were slow to work out precisely what applicants were entitled to and ensure the allowances were compatible. There is a great degree of variance in autonomous communities’ policy on providing such non-contributory social assistance, including levels of support and eligibility criteria.
The ERTE furlough support left out people working in the informal economy (estimated to be approximately 20 percent of the total economy by informed journalists, and 11 percent according to official sources). ERTE furloughs did not adequately cover the lost income of people who work seasonally, or people who are paid in part under the table.
Some groups have been disproportionately affected by the economic impact of the pandemic and inadequate state response. Data and surveys by nationally-recognized civil society organizations such as Oxfam Intermón, Caritas, Save the Children Spain, smaller single-issue-focused organizations, and Human Rights Watch research, indicate that families with children, older people dependent on state pensions, migrants and asylum-seekers with precarious legal status, and people working in sectors where informal employment is common such as hospitality, cleaning, care, and construction have been hit particularly hard during and since the initial economic shutdown.
Single parents (of whom estimates indicate 8 in 10 are women) reported to Human Rights Watch that they skipped meals to ensure their children had enough to eat. Pensioners we interviewed said that social security support which was not adequate prior to the pandemic was now even less so as the price of food and other essential items increased, and that they would not be able to manage without food aid. Pensions finally increased in 2022 in line with the consumer price index, almost two years into the pandemic, as Spain, like other countries, confronted a cost-of-living crisis.
Apart from people seeking asylum and people reliant on age-related pensions, almost all those interviewed by Human Rights Watch who received food aid said they had not relied on food banks or other charities for food prior to the Covid-19 pandemic. Many expressed surprise that they were having to seek food aid and reflected on how their situation had been better prior to the pandemic.
Food bank organizers interviewed by Human Rights Watch observed that their food distribution data showed a sharper rise in demand for food aid during the Covid-19 pandemic than during the years following the 2008 global financial crisis, and outlined their fears about demand levels remaining high once the pandemic-related furlough support ends.
Under human rights law the Spanish government and regional authorities in Spain have obligations to ensure that everyone can access adequate food, and that people are guaranteed an adequate standard of living, including through its social security system. These rights continue to apply during a crisis, including the Covid-19 pandemic.
Human Rights Watch’s findings, based on research in the autonomous communities of Madrid and Catalonia, reflect that despite efforts to provide support, the Spanish state failed to protect people’s rights to food and an adequate standard of living during the pandemic. Human Rights Watch interviewed people who had applied for IMV, as well as regional minimum income schemes in Catalonia and Madrid, people receiving ERTE support, age-related pensions, and/or disability benefit, asylum-seekers receiving limited support, and people with no social assistance at all.
This failure was exacerbated by a social security system which was uneven in coverage depending on region and type of benefit, and a largely absent national social security and assistance system (beyond non-contributory pensions) prior to the pandemic. The first wave of office closures during the pandemic laid bare the fragility of the social security system’s architecture and its inability to cope with backlogs and demand for the new IMV program.
As a result, people went without adequate income from social security support (contributory social insurance schemes) and social assistance programs (non-contributory cash transfers to ensure subsistence), in some cases for several months, and faced inevitable hunger as their money ran out. This happened despite the government’s efforts to accelerate the deployment of its flagship IMV promise as part of its set of policies to mitigate the economic impact of the pandemic. A slow bureaucracy and high levels of refusal of IMV applications contributed to the problem. There was also confusion regarding how the national IMV scheme would interact with regional social assistance programs administered by the autonomous communities.
The Spanish government should speed up its process of assisting people on low incomes who need to access the IMV and make the application process more efficient, as well as make it possible for people to access emergency support irrespective of migration, residency or employment status.
The Spanish government should reassess and revise (age-related) pensions, and the Spanish and autonomous community governments should similarly revise and reassess other social security support rates, indexing them transparently to cost-of-living measures, to ensure that recipients of such assistance can access and afford adequate food. The autonomous community governments should also take concrete steps to reduce their social services departments’ reliance on referring people in need to sources of charitable food aid, and instead ensure that people signposted to such services can access and afford adequate food.
Despite its stated intentions, as it currently stands IMV runs the risk of being a social assistance program that offers too little, too late, and to too few. If the government acts boldly to make significant reforms of the IMV, and social security support more generally, and embed in domestic law protections for specific socioeconomic rights, including the right to an adequate standard of living and to food, it has an opportunity to ensure a better and fairer outcome for people in Spain and to give them the economic resilience to weather future crises.
This research is the first in a series of investigations Human Rights Watch is carrying out in Europe into people’s rights to an adequate standard of living, incorporating their rights to food and to social security, including in the context of the impact of the Covid-19 pandemic and the rapid increase in cost-of-living being experienced globally. The overall objective is to identify rights-based recommendations and policies that can inform efforts to ensure that social security systems meet the needs of everyone in society and are sufficiently resilient to deal with future crises, based on some of the lessons learned from state responses to the Covid-19 pandemic.
Human Rights Watch interviewed 52 people receiving emergency food assistance: 24 in Barcelona in June 2021, 23 in Madrid in October 2021, and another 5 in Madrid in January 2022. We also interviewed 22 food aid NGO staff or volunteers, academics experts, and neighborhood and migrant community food aid organizers across Spain between November 2020 and January 2022, initially conducted remotely while Spain’s “state of alarm” restricted movement, and subsequently in-person.
The in-person testimony focused on four neighborhoods in Barcelona (El Raval in Ciutat Vella district, Sant Antoni in Eixample district, and Verdum and Porta in Nou Barris district) and three in Madrid (San Diego and Palomeras Bajas in Puente de Vallecas district and Lavapiés in the Central district)—widely acknowledged as areas of significant social deprivation.[1] Data show these areas were affected particularly by the pandemic, in line
with general patterns around the socioeconomic determinants of health outcomes.[2]
In addition to Spanish national social security provision, this research makes reference to social assistance systems specific to the cities of Barcelona and Madrid, and the autonomous communities of Catalonia and Madrid. References to these local or regional arrangements may not have direct relevance to other parts of Spain.
Interviews were conducted in Spanish, except for one in Catalan and one in English. All in-person interviews were conducted in line with organizational policy on safety and security in the context of pandemic. Real full names of interviewees were used where possible, and where the interviewee granted explicit, informed consent. Some interviewees preferred not to use their full name, in which case surnames are withheld. Any name that is a pseudonym is indicated as such in the footnote. The age provided for each interviewee and their family members relates to the age on the date of interview. All footnotes to quotes from interviews are to interviews conducted in person, unless indicated otherwise.
During March and April 2022, Human Rights Watch contacted Spain’s Ministry of Inclusion, Social Security and Migrations, and the Ministry of Social Rights and the 2030 Agenda, as well as the Autonomous Community of Madrid’s Department of Family, Youth and Social Policy and Catalonia’s Department of Social Rights, with a summary of our findings and questions for each body. In April, the Secretary General of Inclusion and Social Prediction Policy and Objectives from the Ministry of Inclusion, Social Security and Migrations responded in writing. In June, the Office of the Counselor for Social Rights of the Catalan regional government also responded in writing. The other two official agencies contacted had not responded as of June 22, 2022.
The immediate impact of the Covid-19 pandemic in Spain in terms of infections and deaths was severe. In March 2020, the Spanish government declared a “state of alarm,” and imposed public health protection measures that included limitations on movement and economic activity to prevent the spread of the virus.[3] These policies had a significant negative impact on economic activity as many places of work and schools closed, movement outdoors was severely restricted for several weeks, and all business categorized as non-essential—restaurants, retail stores, cultural activities, and recreation—ground to a halt.[4] Businesses that were allowed to remain open saw a significant reduction in clientele and income as people’s movement and ability to engage in day to day purchases was limited, while many businesses chose to close their doors in fear or caution in the early wave of the pandemic.
The economic impacts of the pandemic pulled a new set of people into poverty and led to a rise in food insecurity, notwithstanding mitigating measures implemented by the state and national, local and community efforts to provide food aid. Policy responses to the pandemic also exacerbated the poverty that many—including older people receiving age-related pensions, families with children living on low incomes, and people with precarious or irregular immigration status—were already experiencing prior to the pandemic and subsequent economic shutdown.[5] The outcome was a deterioration in people’s enjoyment of their economic and social rights.
The first affected were those working on shift-based cash-in-hand jobs, followed by service industry workers, and later those in other areas of low-wage employment. People working in the informal economy making a living off street-vending or domestic cleaning, for example, could no longer go out to earn a living.[6] Many of these people turned to food banks to help them get by.[7]
The near-complete economic closure of key sectors of Spain’s economy—tourism, hospitality, and entertainment in particular—for weeks, followed by staggered reopening, and further periods of closure, left many people working in them without income. It is common work practice in these sectors to have seasonal (short-term) contracts, which do not give rise to same sort of unemployment support (paro) in the event of a layoff as a permanent contract would. Many people working in these sectors make up Spain’s “new poor.” In Spain, women are also more likely to be employed in the hospitality sector, and so were disproportionately impacted by the pandemic-related fall out in this sector, as both the number of jobs and hours of work available fell.[8]
Ana Belén, 42, a Spanish woman from Palomeras Bajas in Madrid’s Puente de Vallecas district, used to run a bar in the nearby San Diego neighborhood, which went out of business when the pandemic struck. She lives with an adult son, who is not in employment, and a 6-year-old daughter.
Karima, 38, a Moroccan woman who has been in Spain since 2003 and who regularized her immigration status in 2009, lives with her 42-year-old husband, who is a builder, and 8-year-old daughter. She was working in a restaurant prior to the pandemic. Neither she nor her husband was earning at the time of the interview in October 2021, and they reported receiving €412 IMV per month as a family, and some bags of food from social services, but no unemployment support. She described her family’s situation while queuing outside a Caritas food distribution at San Ramón Nonato Parish in Puente de Vallecas, Madrid:
Otman, 50, a Sahrawi man, lives in the Raval district of Barcelona with his wife and their two children, a 4-year-old boy and a 6-month-old girl. His 78-year-old uncle also lived with them until recently moving into institutional care. Otman was a cook in a university residence until the pandemic began, and has been on furlough ever since. He and his family were awaiting an eviction hearing the day after the interview. He spoke to Human Rights Watch while waiting for food distribution at the Church of Saint Augustine in Raval:
Ana María Ametller Hueto, 42, a Spanish woman, was living in the Porta neighborhood of Barcelona with her 6-year-old daughter. She lost her restaurant job when the pandemic struck and her former employer argued that this meant she did not qualify for furlough. During the pandemic she relied on food aid from a mutual aid network, the Red Cross, and DISA Trinitat, and a spending card from social services to purchase food.[12] She spoke to Human Rights Watch while collecting a food delivery at DISA Trinitat, which she took to her new home in another part of the city after she and her daughter were evicted from their apartment in Porta:
Benito Balido Gomez, 63, a Filipino man, lives in Barcelona with his 56-year-old Ecuadorean partner, and their 13-year-old son, who is a Spanish citizen. He said he had worked as a cook, waiter, and eventually head chef, until he suffered three heart attacks and had had to stop working prior to the pandemic. He said, after receiving his family’s fortnightly food package at the Indian Cultural Centre in Sant Antoni:
The Covid-19 pandemic and the business closures that followed also put into stark relief the already precarious economic situation experienced by older people living on state pensions.
Spain’s state pension is a key part of the social security architecture and includes an age-related retirement pension, alongside other social security payments relating to disability, survivor (widow/er), and orphan status. Employees and employers pay into a contributory state pension scheme, generally available to people when they turn 65. At the end of 2020, there were approximately 6 million people claiming age-related pensions in total, and 8.9 million pension recipients, when other categories were included.[15]
People who have not paid in for the minimum of 15 years that the contributory scheme requires can apply for a non-contributory pension which had a base rate set by law in 2021 of €5,639 per year; and during the year 2021 also provided for a one-off additional payment of €525 to older people receiving the support who could demonstrate hardship and satisfy housing-related eligibility criteria.[16] However, according to some calculations, the actual annual amount received during the year could range between €1,409 as a minimum pension (with a lower than base rate allowance for older people who cohabit with another pension recipient, or with other family members whose earnings reduce their pension eligibility calculation), to €8,458 for a person with work-related disability or severe injury.[17]
The level of pension support through the non-contributory scheme falls short of what is needed for an adequate standard of living. In 2021, whether one used the lower Oxfam-calculated poverty threshold of €5,840 per year (€16/day), or the AROPE-based calculation provided by the official National Institute of Statistics and EAPN Spain of €9,626 per year, the base rate of the non-contributory pension (€4,833) fell below adequate levels.[18]
As recently as 2018, the UN Committee on Economic, Social and Cultural Rights criticized the inadequacy of Spain’s contributory and non-contributory age-related pensions, as insufficient to guarantee pensioners and their dependents an adequate standard of living, and called on the Spanish government to re-establish a clear index between social security benefits and the cost of living.[19] As pandemic restrictions waned, in May 2021, pensioners took to the streets across Spain, demanding “dignified pensions” that would protect their rights and permit them an adequate standard of living.[20] Pensioners’ associations have raised concerns that the existing levels of pension support is insufficient to maintain a dignified standard of living, as a result of more than a decade of sub-inflation increases, and what they considered an ongoing decrease value of their pension in real terms.[21]
In a positive step, the government passed legislation, which came into force on January 1, 2022, raising pension rates and ensuring that they are linked to the consumer price index, so they keep pace with inflation, which at this writing is 8.7 percent across the board (and 11 percent for food, and 17.5 percent for housing, including utilities).[22]
María, 71, is a Spanish citizen who lives with her 85-year-old sister, who is an Ecuadorean citizen, and who María did not think was eligible for any public support. When she spoke to Human Rights Watch in June 2021, María had been waiting in line for three hours at a food distribution point in the Sant Antoni district of Barcelona. She had been coming regularly for six months following a referral by the city’s social services department. She said:
Fernando, 73, is a Spanish citizen who moved to Madrid in 1963 and says he worked until he retired at the age of 65. He lives alone in an apartment a friend lets him live in. He spoke to Human Rights Watch while waiting for food at the Caritas distribution in San Ramón Nonato Parish in Puente de Vallecas, Madrid, where he had been getting food regularly for six months.
Frontline organizations providing support to people in need, and anti-poverty analysts, have documented how families with children have been disproportionately impacted by loss of income, or reduced income while on furlough, during the pandemic.[25] Children’s rights groups raised concerns about the unequal impact during a prolonged period of school closures and total confinement of children at home for six weeks during 2020.[26] Low-income families struggled to make ends meet during this time, as the additional costs of keeping children fed rose. Survey research by Spain’s main single parents’ advocacy group, FAMS, has highlighted the disproportionate impact on single parent households, of which an estimated 82 percent are women-led.[27] In a survey of 545 single-parent households across Spain (of which 542 were women-led) conducted during the initial state of alarm, within the first month of closures, 27 percent said they could not afford the additional food costs, and another 34 percent said they had managed so far but were not certain they could do so if the situation continued.[28]
The official data confirm this worrying picture. The latest available national cost-of-living survey, from July 2021, is clear that while 26.4 percent of all households were at risk of poverty and social exclusion, the disaggregated data showed that 49.1 percent of single parent households were, and 37.8 percent of all households with more than two children also were.[29]
Spain and its autonomous communities operate a complicated system of allowances and benefits for families with children, some on the basis of disability, family size (single-parent households and households with three or more children), or means-testing, and others universally available, for example a monthly additional tax allowance for working mothers with children under the age of three.[30]
The inadequacy of Spain’s social assistance and social transfers to households with children has been the subject of significant international criticism in recent years. In 2019, the European Commission highlighted in a recommendation to the European Council that the “capacity of social transfers other than pensions [in Spain] to reduce poverty remains among the lowest in the Union, especially for children,” and that “[s]ocial spending as a share of GDP in Spain for households with children in Spain is one of the lowest in the EU and is poorly targeted”.[31]
A 2020 IMF-commissioned study documented that Spain has the highest child poverty rate in Western Europe (22.1 percent in April 2017), partly due to weak and inadequate coverage of its income support schemes.[32] The limited available evidence suggests that the introduction of the IMV, precipitated as a pandemic response but already part of the coalition government’s agenda, is not reducing child poverty, notwithstanding the Inclusion and Social Security Minister’s statement that it is “the best instrument to tackle poverty,” and in fact has been insufficient to mitigate growing child poverty during the pandemic.[33] Spain’s high commissioner for child poverty testified before parliamentary committee in October 2021, that although IMV was an important paradigm shift, Spanish welfare support was not reaching many families living in poverty, because the support provided was in itself insufficient, the eligibility thresholds were too restrictive, and because many families did not know they are entitled to such support and do not apply.[34] In a reply to Human Rights Watch, the Ministry confirmed that it aware of the problem of low take-up by potential beneficiaries, and considered addressing this a priority.[35]
Kréta Adamova, 29, a Czech Roma woman, who has lived in Barcelona since she was 4, lives in affordable social housing in the Verdum neighborhood, with her 8-year-old and 9-month-old daughters, and her 63-year-old mother. She worked in a slaughterhouse until she experienced a workplace injury three years ago. She said:
Veronica, 37, also lives in the Verdum neighborhood with her three children, aged 18, 14, and 12, and her husband, 34. All are Spanish citizens. Her husband was self-employed and worked in construction before the pandemic, and she earned money working in the informal economy as a cleaner. They live in social housing. She said:
Joan, 44, a Spanish man born and raised in Raval, continues to live there with his wife and their 10-year-old son. He was not eligible for ERTE furlough support given he worked in the informal sector, but was receiving unemployment benefits. After they received their fortnightly food package from a distribution center at the Church of Saint Augustine, Joan said:
Many families living on low incomes in Spanish cities share apartments, often without formal leases, due to longstanding problems of insufficient social housing and unaffordable private sector housing.[39] Spain has among the lowest rates of social housing stock in the EU.[40] Families interviewed living in these circumstances reported having to choose between eating and paying their share of the rent, particularly during the initial near-total lockdown between March and May 2020. Migrant families with uncertain immigration status, and limited or no access to social security support, are more likely to live in shared housing.
Human Rights Watch research indicates that the rights of undocumented migrants and asylum seekers have been disproportionately affected by the flawed state response to the economic downturn. Migrants are more likely to earn at least part of their salary informally, thereby receiving lower or no furlough payments, or to be working in the informal sector, or to lose jobs in sectors impacted by the period of closures and public health protection measures, such as domestic care, and subsequent economic downturn.[41]
Migrants working in the informal economy, those without papers, and people seeking asylum reported difficulties accessing social security and even in some cases food banks because of a lack of the documents needed to establish eligibility. People without legal immigration status are only allowed basic, emergency social assistance, which is usually short-term or one-off in nature. People seeking asylum are in theory entitled to basic levels of social welfare support to ensure minimal conditions of dignity, but these require the person to make further applications beyond their initial request for protection. These problems were exacerbated by the closure of administrative offices that provide documents to migrants and asylum seekers for part of 2020 increased existing backlogs.[42]
Silvia Sánchez Bonilla is a Colombian woman who arrived in Spain with her husband, David, in August 2019. Both sought asylum and were awaiting formal registration of their asylum claims when interviewed by Human Rights Watch in June 2021. Silvia formed the collective, Carers Without Papers, which was running an informal food bank for others in a similarly precarious situation, who rely on occasional work in the informal economy for income. She showed Human Rights Watch the accommodation she and her husband were sharing, in the technical booth and storeroom of a theater which had given them shelter.
About a week after they were interviewed, the couple received their asylum registration cards, which gave them legal authorization to work in Spain until there is a decision on their asylum case.
Gloria Díaz, 39, also from Colombia, sought asylum in Madrid with her then 16-year-old daughter in February 2020. They were stranded and left without money in Barcelona when asylum processing was suspended during the pandemic. They restarted their asylum requests in June 2020 once immigration offices reopened. Her daughter became pregnant during the pandemic while they were living in a room in a shared apartment in greater Barcelona. She said:
Since late May 2021, the government has provided Gloria, her daughter, and newborn granddaughter accommodation in a town about 30 kilometers outside Barcelona and access to an online system which covers the costs of basic foodstuffs. Gloria said a month later:
Miguel, 32, and Jennifer, 27, from El Salvador, spoke to Human Rights Watch while collecting food distributed by the Indian Cultural Centre in Barcelona, where they were referred by the city’s social services for food aid. They and their 4-year-old daughter have lived in Barcelona since 2019 without regular immigration status after having been refused asylum in another EU country. Miguel said:
Yanay is a 37-year-old Peruvian single mother, without regular immigration status or fixed employment, who arrived in Spain in 2019. At the time of interview, she was living with her 18-year-old son and 14-year-old daughter in a room in a shared apartment in the Puente de Vallecas district of Madrid. She spoke to Human Rights Watch while standing in line waiting for food distribution organized by Caritas Madrid from the San Ramón Nonato Parish in the San Diego neighborhood of Puente de Vallecas:
As poverty suddenly grew and people’s need for urgent food aid was evident, national charities, civil society groups, and community organizations stepped in to fill the gap.
National food bank networks, which receive and distribute EU-funded food aid (Fund for Aid to the Most Deprived, FEAD) via the Spanish and autonomous community governments, and a wide variety of community-based associations and neighborhood groups mobilized food distribution to people unable to afford or access adequate food, including people who had been referred to them by social services agencies.[48]
Demand for food aid has surged since early 2020. The Spanish Federation for Food Banks (FESBAL), which coordinates the country’s largest food banks and ensures delivery of governmental food aid with FEAD support, reported a marked increase in demand during 2020.[49] Interviewed in November 2020, Ángel Franco, FESBAL’s spokesperson, estimated that FESBAL had doubled the quantity it distributed from the spring to the summer of 2020.[50] By June 2021, FESBAL estimated its assistance had reached 1.56 million people including more than 300,000 children during 2020, almost up 50 percent in terms of total people reached compared to 2019. Figures from FESBAL member organizations in Madrid and Barcelona, interviewed by Human Rights Watch, were consistent with national trends.[51]
All three representatives of the national food bank network expressed shock at how quickly demand increased, and compared it to their experience during the global financial crisis and the subsequent Great Recession of 2008-10, which led to a housing and poverty crisis in Spain that continued after the recession formally ended in 2014.[52]
Gema Escrivá, Director General of the Madrid Food Bank told Human Rights Watch in November 2020:
Figure 1: Estimated number of people receiving food aid through FESBAL distribution, by year (2007-2020), compiled from FESBAL public documents[54]
Caritas, a Catholic relief and social service organization, also reported that by April 2020, it was assisting twice as many households in Barcelona Diocese with food and financial support as it had done the previous April and noted that it was seeing three times as many first-time visitors compared to before the pandemic.[55]
Human Rights Watch also sought information in writing from the central government and relevant authorities at autonomous community level on national and regional food bank use. At the time of writing, only Catalonia’s Department for Social Rights had provided this information.
The data in Catalonia showed a 48 percent increase between 2019 and 2020 in the number of people collecting food aid distributed using the EU’s FEAD resources through Catalonia’s FESBAL affiliates and Red Cross chapters. Across Catalonia, despite a decrease in food aid distribution during 2021 from the 2020 peak, there were 60,524 more people receiving such food aid in 2021 compared to 2019 (an increase of 20 percent). The figure below shows how many people receiving FEAD-supplied food aid by Catalan province, and the total number at autonomous community level.
Figure 2: Number of people receiving FEAD-supplied food aid in Catalonia, disaggregated by province. These figures for each province are composites of the number of people assisted by the FESBAL affiliated food banks and the relevant Red Cross chapters.[56]
As need increased from March 2020 onwards, neighborhood and community groups, often building on existing links with housing rights activist networks developed during the 2008-10 financial crisis and migrant community organizations, began to coordinate mutual aid support networks, which included collecting and distributing food, or to significantly increase their existing efforts.[57]
In Madrid, especially in lower-income neighborhoods, grassroots groups rallied quickly to deal with the demand, based on their existing activism and community links. In Vallecas, a largely working-class neighborhood to the south of Madrid’s city centre, a group of activists described how the collective Somos Tribu VK emerged to deal with the increasing need. Marimar, a social worker, said:
César Bárcenas, coordinator of one of the Somos Tribu VK neighborhood pantries, in San Diego, added:
In the Lavapiés neighborhood of central Madrid, another low-income area, Asociación Valiente Bangla, an organization of Bangladeshi migrants in Madrid advocating for their rights, organized food collection and distribution from late March through the end of June 2020, initially for Bangladeshi migrants, but eventually to about 450 households including migrants from various countries and non-migrants. Asociación Valiente Bangla is part of a wider network of groups coordinating food distribution in Lavapiés, including AISE, a Senegalese migrants’ association; Dragones Lavapiés, a youth football club; and BAB-Colectivo and Hola Vecinas, both neighborhood associations.[59]
Mohammed Fazle Elahi, from the Asociación Valiente Bangla, said:
In Barcelona, grassroots neighborhood associations, formal and informal trade union organizations, food distribution centers run by churches, and cultural organizations, such as DISA Trinitat (part of a group of Caritas-linked neighborhood pantries, see further description below) and the Indian Cultural Center, reported a similar sudden spike in people needing food aid.[61] Marta Marzal, coordinator of the food distribution at the Indian Cultural Centre told Human Rights Watch in June 2021:
The People’s Union of Street Vendors in Barcelona, who are primarily from West African countries, organized food collection and distribution during the first months of the pandemic, after the pandemic meant their members (referred to colloquially as manteros in Spanish and manters in Catalan, owing to the practice of vending their goods displayed on a blanket or manta) were unable to work. The Union worked together with the Barcelona Food Bank, Barcelona’s main wholesale food market, and individuals who donated food or cash, to ensure street vendors and others who contacted them for help did not go hungry.[63]
Papalaye Seck, a member of the street-vendors’ union said:
In addition to the long-standing tradition of churches distributing “alms,” which multiplied with queues extending outside churches for weekly or fortnightly food distribution, Caritas Spain, the relief and social service organization linked to the Catholic church, and its local volunteers began developing new ways of dealing with the rising need for food aid. Part of this was an effort to move away from the classic “handout” model towards a model that would assist families and individuals to overcome broader challenges including the stigma of queuing for food, and address some of the underlying structural factors driving people to need food aid.
DISA Trinitat is a volunteer-run social project and pantry backed by nine local parishes and Caritas of Barcelona Diocese, with help from Barcelona city council and the local government and social services in the Nou Barris district. It has provided direct aid to people in poverty since 2012.[65] To receive assistance from DISA Trinitat, people need to be referred either by the city’s social services or by Caritas. Seventy percent of the food it distributed comes from the Banc d’Aliments de Barcelona and FEAD-backed food distribution programs, and the remainder from Caritas, local church donations, supermarkets, philanthropic foundations, and private individuals.
Antoni Quintana, who coordinates DISA Trinitat, described the project as initially being one based on creating an environment in which people experiencing poverty could receive assistance and have volunteers work through other concerns they may have (for example, mental health, employment, medical care), and not just hand out food. Quintana told Human Rights Watch that they adapted their model during the pandemic:
Data from DISA Trinitat bear out broader trends observed by the FESBAL member food banks and Caritas for people attending food distribution in the first year after the pandemic hit Spain, with a reduced number of households seeking food aid over the course of 2021, but remaining notably higher than pre-pandemic levels. The data from DISA Trinitat are also consistent with the broader pattern documented by the Catalan regional government’s data on FEAD-provided food aid across the four provinces of Catalonia.
Figure 3: Data from Ajuntament de Barcelona and DISA Trinitat, June 2022. Each household represents 2.64 people based on an estimated mean.[67]
Quintana described the role of the DISA Trinitat volunteers in relation to the responsibilities the state has to its citizens and residents, saying:
Human Rights Watch also visited and spoke with staff, volunteers, and service users at a similar Caritas-backed social supermarket (economato solidario) scheme based in the parish church of San Cosme and San Damián in Vallecas, Madrid.[69] The project had been running as a pilot project for a year, backed by Caritas Madrid’s Fourth Parish.
People were referred to the social supermarket by the city’s social services, by Caritas, or by other neighborhood organizations. Once referred, they could visit on days the social supermarket was open, and exchange the “points” they had been allocated based on their family size for their choice of non-perishable foods and cleaning and hygiene supplies. When interviewed in January 2022, a representative of the local Caritas parish said the social supermarket planned to introduce a separate voucher program, operated in coordination with a local market, where service users could exchange points for fresh fruit, vegetables, and meat.[70]
Poverty rose in Spain during the pandemic, as it did in other countries in Europe.[71] Official European Commission data from Eurostat showed that although across the EU, median disposable incomes and “at risk of poverty and social exclusion” (AROPE) rates remain stable, the AROPE rate rose in nine EU countries, of which Spain was one.[72] A World Bank commissioned study found in August 2021 that between 3.6 and 5.4 million more people across Europe were at risk of poverty or social exclusion compared to before the pandemic, noting that the “economic fallout could have been much worse absent the sizeable government support.”[73] The study also noted the disproportionate impact on Southern European countries which have 36 percent of the 27 EU countries’ population but accounted for more than half total increase in poverty, and projected that by 2022 “at risk of poverty” rates in Southern European countries would have returned to their 2013 peak, following the global financial crisis.[74]
A key NGO report by the European Anti-Poverty Network Spain (EAPN-ES) estimated that some 4.5 million people across the country were living in severe poverty (on less than €6,417 per year) in 2020.[75] EAPN-ES estimated that 620,000 more people were at risk of poverty in Spain in 2020 than in 2019, representing the first increase in this rate since the peak of the effect of the global financial crisis in Spain in 2013/14.[76] Oxfam Intermón has calculated, using official data, that during 2020, people in the lowest two income deciles in Spain saw their disposable income fall 15.8 and 9.7 percent, on average, respectively, compared with a 3.7 percent average decrease in all other income groups.[77] Official figures based on the annual cost-of-living survey published in 2021 showed that the percentage of the population experiencing “severe material deprivation,” rose from 4.7 percent in 2019 to 7 percent in 2020.[78]
Perhaps the most visible symbol of the material deprivation was the growth in lines of people queuing to receive food. This was linked to the increase in the number of people at risk of poverty, alongside the sharp drop in income for so many already in the lowest income brackets.
The government response to the economic impact of the pandemic was hampered by existing failures in social security and social assistance systems, including the inadequacy of levels of financial support, a difficult to navigate social security bureaucracy, and delays in social security application processing and payments. New efforts at the national level to address the situation—a pandemic-related furlough program and ban on layoffs to protect workers—together with a newly introduced but previously planned minimum national income (IMV) program helped, but were insufficient to meet additional needs, especially the IMV which in practice benefitted only a fraction of its intended beneficiaries.
In February 2020, the then-UN Special Rapporteur on Extreme Poverty and Human Rights, Philip Alston, concluded a trip to the country, assessing that it had a “completely inadequate social protection system that leaves large numbers of people in poverty by design.”[79] Alston assessed Spain’s social protection system as doing a “poor job of tackling poverty,” remarking that “when support does reach people, the amount can be extremely low.”[80]
The government’s response to the pandemic, in part, sought to address existing criticisms of the system, but fell short of what was needed to ensure protection of people’s rights to food and to an adequate standard of living.
To protect workers and prevent massive unemployment, like other countries, the Spanish government responded to the imminent economic crisis with a furlough scheme. In Spain, this covered 70 percent of the wages of employees and workers unable to work due to the pandemic, and a temporary ban on employers using the pandemic as a justification for layoffs.[81]
Announced in March 2020, the pandemic-related furloughs (referred to as ERTE, based on the Spanish acronym for an existing labor code provision for temporary work reduction extended for this purpose as an emergency measure) were initially scheduled to last only until the “state of alarm” ended in June 2020.[82] The ERTE scheme was extended successively, with some modifications, until it ended on March 31, 2022.[83] The number of people receiving ERTE plateaued at around 750,000 between September 2020 and March 2021, but had dropped by January 2022 to 105,000.[84]
The tax evading pay practice in which employers pay their staff part of their income officially with social security contributions and tax deductions, and the remainder unofficially in cash (often referred to as “in B”), created a problem for low-wage workers paid this way.[85] Although the exact extent of the practice is hard to pinpoint, most estimates indicate that approximately 20 percent of GDP is in the informal economy.[86] Fourteen percent of employers surveyed in 2021 admitted to paying some or all of their employees’ wages “in B.”[87] Women are more likely to be in jobs that are paid “in B” than men, and people under 24 are particularly susceptible to such exploitation given Spain’s high level of youth unemployment.[88]
Furlough payments only covered 70 percent of the officially registered salary and not the “in B” component. In July 2021, the government passed a legislative reform which banned payments in cash for products and services over €1,000, in an effort to curb tax evasion on cash transactions.[89] The effect of this reform is likely to have been minimal for people on low wages calculating furlough entitlement, because, as was illustrated by the experience of those Human Rights Watch interviewed, the “in B” portion of their monthly wage is almost certain to have been well below the €1,000 threshold.
Jessica Ferrer, a 36-year-old Italian woman of Venezuelan origin, who worked as a cook before the pandemic, and at the time of her interview was an active participant-organizer in a neighborhood pantry coordinated by Somos Tribu VK in Puente de Vallecas, Madrid, explained what this meant in practice. She said:
Workers in the informal economy who suddenly had no income also, in most cases, had no recourse to the contribution-based social security system (since they had not paid into them) or to furlough payments (which were available only to those whose pay and jobs were registered officially on the tax and social security systems). Nor could workers in the informal economy, who were already outside regular formal employment, benefit from the ban on layoffs.
It is worth noting that the absence of the ERTE furlough scheme, would have been disastrous. ERTE support did reach people in the lowest income quintiles and was among the more efficient of the social security responses, but still fell short for key sectors of the population.[91]
Faced with rising unemployment and projected poverty with the onset of the pandemic, Spain’s national government legislated in May 2020 for a national Minimum Vital Income (IMV, in Spanish) scheme, allowing applicants to claim between €461.50 and €1,015.30 per month based on household size and composition.[92] The IMV was, in theory, available to applicants retroactively from June 1, 2020, so long as they applied before the end of 2020.
The incumbent governing coalition had already planned to introduce the IMV prior to the pandemic, but accelerated its implementation as a pandemic response.[93] The national IMV scheme was developed in addition to existing social assistance schemes established by Spain’s regional governments or autonomous communities, of widely varying quality, levels of support, and reach.[94]
It is important to note that the IMV is not a universal basic income scheme, as its name may suggest, but rather a basic social assistance program that provides support based on several eligibility criteria.[95]
In June 2020, soon after the IMV was announced, Olivier de Schutter, the UN Special Rapporteur on Extreme Poverty, offered a cautious welcome to the national scheme, calling on authorities to widen coverage and eligibility to ensure people were not excluded by age and immigration status requirements.[96]
IMV has some arbitrary exclusions built into its design, which affect young adults in poverty and people without regular immigration status. It is available to people between the ages of 23 and 65, and to adults aged between 18 and 22 only if they are responsible for a child.[97] It requires applicants to document that they have lived independently for a minimum period of between one and three years, and requires all applicants to have one uninterrupted year of legal residence in Spain.
In practice, the IMV’s reach has been limited and its rollout slow and uneven across Spain’s regions, who are responsible for providing social protection. There is also some confusion about how IMV allowances correspond with regional social assistance, and how national and regional authorities reconcile any difference in accounting. An official in the Ministry of Inclusion, Social Security and Migrations clarified in writing to Human Rights Watch that IMV was designed as a “floor provision” that autonomous communities could “complement” or top up with their social assistance programs.[98]
An investigative analysis by the news outlet Diario 16 of public data on IMV coverage estimated that only 6.4 percent of the country’s population living below the poverty line were receiving the IMV by the end of March 2021, and that it varied between 3.5 and 16.8 percent depending on the region in which the application was made.[99] The same analysis showed that by the end of March 2021, nine months into the existence of the IMV scheme, three quarters of applicants had been refused support, for a variety of bureaucratic reasons including non-compliance with a complex application process, stringent documentary requirements (such as evidence of people living in the household and updated municipal registration certificates showing the members of the household or “unit of cohabitation”), or a flawed means-testing calculation (see below).[100] Further research during the year by NGOs working in this area corroborates the concerns about IMV’s extremely limited reach, although their estimates differed slightly. Oxfam Intermón estimated in June 2021 that 1.56 million people in severe poverty were left out of IMV’s reach owing to design flaws.[101] A survey by Caritas and social science researchers at the FOESSA Foundation found in October 2021 that—owing primarily to a lack of information about the program—only 26 percent of households living below the poverty threshold had successfully completed their IMV application; and of those only a fifth had been successful, and about half had been denied the support for the reasons noted by Diario 16 and Civio (below).[102]
More recent detailed analysis of official data by Civio, a public interest journalism and advocacy organization, has shown that 29.8 percent of refused applications were because the social security authorities considered the household or “unit of cohabitation” information to be inaccurate, and a further 18.8 percent for missing documents.[103] A professional association representing senior social services workers raised similar concerns in April 2022.[104] One organization that provides support (including food aid) to families with children and pregnant women in poverty, explained to Civio’s researchers that if a couple separated during the pandemic and one parent was left with the children, because municipal offices were closed or facing backlogs they did not update their registers.[105] Separately, Civio notes that Spanish administrative law does not require applicants to provide copies of documents that should already be in the possession of the authority concerned or other administrative authorities. As result, some of the refusals of IMV support for “missing documentation” may not have been in accordance with Spanish law.[106] Related research by Civio on high levels of success in appealing IMV refusals supports this assessment.[107]
People Human Rights Watch interviewed described that they had faced these reasons when refused IMV support.
Pedro Luis Álvarez Malberty, a 40-year-old Spanish citizen born in Cuba, who acquired Spanish nationality through descent in 2011 and migrated from Cuba to Spain in November 2020 with his wife and their two young daughters, aged 6 and 3. Their daughters have Spanish nationality, but Álvarez’s wife remains a Cuban national. Álvarez told Human Rights Watch, that after falling ill and needing surgery, he did not qualify for medical disability benefit because he had not satisfied the minimum contributory period for the type of illness he had. Pedro was not eligible for IMV because his wife’s Cuban nationality and related length of legal residence in Spain meant that the family of four did not satisfy the household (or “unit of cohabitation”) eligibility requirement of one year. He explained, sitting at home in Puente de Vallecas, Madrid, after having collected food from the nearby Caritas social supermarket:
Manuela, 38, a Spanish woman, used to earn €570 a month working as a cleaner for a subcontractor providing maintenance services at a sports stadium but lost her job when the pandemic curtailed clients’ operations. She said the cleaning subcontractor considered the seasonal contract under which she was employed to have ended when spectator sports could no longer take place, and told her she would not receive ERTE furlough support. She was refused IMV and explained that it was because the social security authorities continued to treat the father of her children, from whom they were estranged, as a family unit. She spoke to Human Rights Watch while waiting for a fortnightly food distribution at Somos Tribu VK’s Palomeras Bajas neighborhood pantry in the Puente de Vallecas district of Madrid. At the time of the interview, she had no income beyond limited child maintenance payments from her former partner, and said that she depended on what she received at the pantry to feed her four children, aged between 3 and 15. Manuela said:
The success and reach of the IMV program has been limited by delays in providing accurate information to potential beneficiaries about how IMV works, and a bureaucratic system that was overwhelmed by demand. Early in the pandemic, the country’s social security system was overwhelmed generally with requests—beyond IMV applications—and did not have sufficient appointments available to deal with standard requests like people entering retirement receiving their pension, and struggled to catch up with new applications for IMV. The prolonged closure of social security offices, followed by a gradual re-opening with strict limits on numbers of appointments per day, as part of the public health protection measures contributed to the backlog.[110]
A design flaw in the IMV program and its underpinning assessment logic also affected its effectiveness in tackling poverty during its first year and a half of operation. A key factor in deciding whether a person in 2020 was eligible for and in need of assistance was their income the year before, in this case in 2019, prior to the pandemic. People who had reasonable incomes before the pandemic, and had not previously been experiencing poverty, often had their applications for the IMV refused as a result. Legislation passed in December 2021 has begun to correct this flaw, allowing people to claim the IMV based on income in the year that the person is applying, but at this writing it remains unclear to what extent earlier miscalculations on eligibility will be recalculated.[111] In response to a request from Human Rights Watch asking for an explanation of when IMV eligibility would be delinked from earnings in the previous fiscal year, and what recourse people denied their IMV application on this basis, the Ministry for Inclusion, Social Security and Migrations simply stated that the modifications and reforms are in force, and offered no clarification on how past mistakes would be rectified.[112]
Anti-poverty campaigners have also criticized the IMV program’s level of support as not being adequate to meet the financial need of families with children generally, and single-parent families in particular.[113] In December 2021, Parliament approved amendments to the benefit levels for families and people with disabilities, including increasing child-related benefit payments under the IMV scheme by between €50 and €100 per month per child, depending on age.[114]
Following increases to levels of social security support effective January 2022, the IMV benefit ranges from between €491.63 for a single adult per month to €1081.59 for a household with two adults and three or more children, or one adult and four or more children.[115] The IMV also now includes modest additional supplements for single-parent families and households in which one of the residents has disability status certified by the state, in response to the concerns raised about the adequacy of earlier levels of IMV support to meet the needs of people in such households.
Although these increases are welcome, they are not likely to fundamentally alleviate poverty. The official National Statistics Institute estimated in July 2021 that the poverty threshold for a household with two adults and two children was €20,215.[116] By any measure even a household receiving the maximum level of IMV support (€1081.59 per month or €12,979 per year), even with the additional child related benefits would almost certainly fall well below that threshold.[117]
By the end of 2021, official figures showed that the system was catching up with the backlog in applications for IMV, but that the scope of coverage was still limited, and the exact figures remained unclear.[118]
The overall approach of the authorities—in Spain and within the autonomous communities in which research took place—has been well-intentioned and to some extent, the evidence shows that the IMV program is making a modest contribution to some low-income households, insofar as it is preventing (or delaying) a return to the levels of poverty and inequality at the depth of the financial crisis a decade ago. However, the approach is hampered by its own bureaucracy which has been overwhelmed by demand, onerous paperwork requirements for applicants, and flawed assumptions for eligibility calculation, among other problems.
Further, the IMV scheme epitomizes some of the flaws of Spain’s broader social security system: It continues to function on an inadequate level of support, which does not guarantee an adequate standard of living for recipients, and as a result of its eligibility criteria and calculation methods excludes some of the very people who need its assistance the most. In short, some of those experiencing poverty most sharply—despite the stated intentions of the government—continue to be denied their right to an adequate standard of living, including to be able to access and afford adequate, healthy food.
The human rights to food and social security are enshrined in international human rights treaties to which Spain is a party. Both are self-standing rights, and the right to food is also a key component of the right to an adequate standard of living.[119]
The main UN treaty that contains these rights is the International Covenant on Economic, Social and Cultural Rights, (ICESCR), which Spain has ratified.[120]
The UN Committee on Economic, Social and Cultural Rights (CESCR)—the body of independent experts established to monitor the implementation by states of the ICESCR and to provide authoritative interpretation of the specific rights in the covenant—has also offered its guidance setting out what the “right to adequate food” and “the right to social security” mean within the ICESCR and clarifying what duties states have.[121]
The rights in the ICESCR, including both the rights to food and to social security, apply in full during a crisis, and the covenant does not make provision for states to derogate from the rights protected therein.[122] Rather a state’s obligations are to use its maximum available resources at all times to meet the protected socioeconomic rights, with an inherent recognition that crisis situations may have an impact on available resources. The explicit priority is to use those resources to ensure the widest possible enjoyment of the core minimum obligations, subject to a prohibition on discrimination.[123] The CESCR similarly underlined that “even in times of severe resources constraints the vulnerable members of society can and indeed must be protected by the adoption of relatively low-cost targeted programmes.”[124]
According to the CESCR, the right to food:
The CESCR also sets out clearly how the right to food is inextricably linked to the broader requirement of states to eradicate poverty in order to ensure everyone can enjoy all their human rights:
The CESCR has noted that if any significant number of individuals in a state is deprived of essential foodstuffs, the government is, prima facie, failing to discharge its obligations under the covenant.[127] With respect to potentially vulnerable populations including non-nationals, refugees, asylum seekers, and migrant workers the CESCR has underscored on multiple occasions that the rights in the covenant apply to everyone regardless of legal status and documentation.[128] In particular with respect to the right to food, the committee has advised that “all children within a [s]tate, including those with an undocumented status, have a right to receive education and access to adequate food and affordable health care.”[129]
Measures to ensure adequate, nutritious food also form part of the right to health of children as set out in the UN Convention on the Rights of the Child (CRC).[130] Human rights law offers additional protections of the right to food for women and girls who are pregnant or breastfeeding (CEDAW) and people with disabilities (CRPD).[131]
To fulfill the right to social security, the CESCR has said that states are required to meet a minimum level of protection for those who need it and then progressively realize universal coverage and adequate levels of benefits over time.[132] The immediate obligation to provide a minimum essential level of benefits means providing assistance to individuals and families to enable them to acquire at least essential health care and an adequate standard of living, including basic shelter and housing, water and sanitation, foodstuffs, and the most basic forms of education.[133] 
The CESCR has made clear that states must also ensure that women at least enjoy equal social protection coverage as men, requiring them to eliminate barriers that prevent women accessing equal benefits,[134] and should take steps “to ensure that the social security systems cover those persons working in the informal economy.”[135] The CESCR has also underlined that “refugees, stateless persons and asylum-seekers, and other disadvantaged and marginalized individuals and groups, should enjoy equal treatment in access to non-contributory social security schemes.”[136]
The CESCR has said that to realize the right to social security, states should give the right “sufficient recognition […] within the national political and legal systems, preferably by way of legislative implementation,” and develop a national strategy for the full implementation of the right to social security.[137]
Since 2013, when the Optional Protocol to the ICESCR entered force, individual petitioners have been able to take complaints against Spain to the CESCR, alleging that their rights have been violated, but to date none have centered on the right to food, the right to social security, or more broadly on the right to an adequate standard of living.[138]
The right to social security, including various forms of social protection, is also protected under other international human rights treaties to which Spain is a party, including the CRC (article 26), CEDAW (articles 11 and 14), and CRPD (article 28).
The Council of Europe and European Union treaties—including the Revised European Social Charter, European Code of Social Security, and EU Charter of Fundamental Rights—contain specific obligations to guarantee “social security rights” or a “right to protection from poverty and social exclusion.”[139]
These principles have recently found expression in a renewed EU-wide commitment to strengthening the European Pillar of Social Rights at the Porto Social Summit, in May 2021, which Spain strongly supported.[140]
However, despite this recent stated commitment to social rights at European level, Spain has to date only formally accepted one of the three key relevant documents relating to the Council of Europe’s European Code of Social Security.[141] The European Code—modeled largely on the International Labour Organization’s Social Security (Minimum Standards) Convention, albeit with higher standards[142]—sets out requirements on various social security benefits (sickness, unemployment, pension, disability, family, maternity, widow/er status), allowing states to be more generous based on their national policy, and subjects signatory states to an annual monitoring process. Spain has not, however, signed either the 1964 Protocol to the European Code or the Revised 1990 Code, and lags behind its European comparators in incorporating regional standards into its domestic framework.[143] The Spanish government should also take steps to ensure it has signed and fully incorporated all aspects of the European Code of Social Security, as part of an effort to ensure that its domestic social security provision is in line with international minimum standards.
The Spanish Constitution of 1978 includes affirmations of the right to social security, all rights of children under international law, adequate pensions and sufficient financial means for older people, with legislation in place to implement these promises.[144] The Constitution also commits to the equitable distribution of income and wealth.[145]
However, Article 53 of the Constitution currently accords these social and economic rights, found in Chapter Three, a lower protection than the “fundamental rights and liberties” (a mixture of civil and political rights and socio-economic rights) contained in Chapter Two, which are binding on public authorities. This leaves many social and economic rights less well protected by the domestic constitutional architecture.
The Constitution does not include a specific right to food, and domestic advocates and experts have campaigned during the past decade for a constitutional amendment guaranteeing the right to food, as part of an effort to tackle poverty.[146] As Juan Carlos García y Cebolla, Right to Food Team Leader at the Food and Agricultural Organization, has argued with specific reference to protecting the right in Spanish law, “This is not about the right to be fed, but about the right to feed oneself in dignity, and to think about policies that develop people’s capacity to support themselves and live in dignity […] If the right to food were folded into the Constitution, it would be much clearer for everyone, from judges, to civil servants to the general population.”[147]
In the context of the Covid-19 pandemic, NGOs like Caritas have developed their earlier work to advocate jointly on better protection of and respect for the right to food in Spain, as well as adequate levels of social security support and social assistance.[148]
Under human rights law the Spanish government and regional authorities in Spain have obligations to ensure that people are guaranteed an adequate standard of living, including through its social security system, and in particular can access adequate food. These rights not only as a matter of law apply during a crisis, including the Covid-19 pandemic, but are all the more essential during these times. As discussed above, the ICESCR does not allow for derogation, and no European state has sought to enter any derogations from their obligations under the European Social Charter.
Human Rights Watch finds that despite efforts to provide support, the Spanish state failed to protect people’s rights to food and an adequate standard of living during the pandemic. This failure was in part due to its failure to fix a flawed social security system which was uneven in coverage depending on region and type of benefit, and a largely absent national social assistance system (beyond non-contributory pensions nationally, and some limited regional social assistance programs) prior to the pandemic. As the country dealt with widespread office closures, administrative systems were backlogged and struggled to cope with new demand for social security assistance. As a result, people went without adequate social security support, in some cases for several months, and faced inevitable hunger as their money ran out. This happened despite the government’s efforts to accelerate the deployment of its flagship IMV promise as part of its set of policies to mitigate the economic impact of the pandemic.
A slow bureaucracy and high levels of refusal of IMV applications compounded the problem, as did confusion regarding how the national IMV scheme would interact with regional social assistance programs administered by the autonomous communities.
Despite its stated intentions, IMV, as it currently stands, runs the risk of being a social assistance program that offers too little, too late, and to too few. Without clear action, Spain will continue to fall short of its international obligations.
In a global context in which energy and food prices are rapidly increasing, the World Bank has recently warned governments particularly in “emerging markets and developing economies,” to take steps to ensure that they fund fiscal relief for vulnerable households through targeted social safety nets and enhance the resilience of food systems to mitigate for additional spikes in poverty and food insecurity.[149] The same lesson applies to what the World Bank terms “advanced economies” too, particularly those such as Spain that have seen a marked increase in poverty during the past two years.
To ensure a better and fairer outcome for the rights of people in Spain and to give them the economic resilience to weather future crises, the Spanish government must act boldly to make significant reforms to the IMV and social security support more generally, to encourage the sharing of good anti-poverty practice where it exists in autonomous communities, and to embed in domestic law protections for specific socioeconomic rights, including the right to an adequate standard of living and to food.
This report was researched and written by Kartik Raj, Researcher in the Europe and Central Asia Division. It was edited by Benjamin Ward, deputy director in the Europe and Central Asia division. Judith Sunderland, associate director, in the Europe and Central Asia division, provided additional review and editing. The report was reviewed by Hillary Margolis, senior researcher, and Ximena Casas, researcher, both in the Women’s Rights division; Elin Martínez, senior researcher, Children’s Rights Division; Bridget Sleap, senior researcher, rights of older people, and Karolina Kozik, assistant researcher, both in the Disability Rights Division; Lena Simet, senior researcher and advocate on poverty and inequality, Economic Justice and Rights Division; Bill Frelick, director, Refugee and Migrant Rights Division; Kyle Knight, senior researcher on health and human rights; and Brian Root, senior quantitative analyst in the Digital Investigations Lab. Aisling Reidy, senior legal advisor, and Tom Porteous, deputy Program director, provided legal and programmatic reviews. Dr Koldo Casla, School of Law and Human Rights Law Centre, University of Essex, also provided external review of portions of the text.
Production and administrative assistance was provided by Klara Funke and Marlene Auer, associates in the Europe and Central Asia division. Additional production assistance was provided by Travis Carr (photos and tables), Rafael Jimenez (cover), and Fitzroy Hepkins and José Martinez (printing). The report and associated materials were translated by Carlota Fluxá, and proofed and vetted by Claudia Nuñez, Spanish web editor.
The report’s author is grateful to Melanie Murphy, Lyndall Herman, and Danielle Lam, in the Safety and Security team, for their guidance on conducting in-person research and filming during the Covid-19 pandemic and their careful attention to the safety of staff, consultants and interviewees; and to Ifé Fatunase, Christina Curtis, Franki Jenkins, Nicole Martin, Omar Al-Fotihi, Laura Prieto Uribe, and Liliana Patterson, all in the Multimedia team, and Natasha Bowler, consultant producer, and Phil Caller, consultant cameraperson, for their work on audiovisual material to accompany this report.
Human Rights Watch would like to thank all the staff and volunteers of the frontline aid organizations who took the time to speak with us. In particular, the report author would like to express specific thanks to—in Madrid—Marimar at Somos Tribu VK and all the neighborhood-level Somos Tribu VK pantry organizers and participants, and the new set of Somos neighborhood organizations; Pablo García Marcos at Caritas Madrid’s Fourth Parish and the team at the economato solidario; Father José Manuel Horcajo and Paola Castillo at the Church of San Ramón Nonato, Puente de Vallecas; Carola and compañeras from the BAB-Colectivo in Lavapiés; Usman Camara, organic farmer; and Mohamed Fazle Elahi of the Asociación Valiente Bangla; and—in Barcelona—Mercè Darnell and Jordi Julià at Caritas Barcelona; Antoni Quintana at DISA Trinitat; and Joan Antoni Villar Ostos, from the Xarxa Verdum.
The report author is particularly grateful to Koldo Casla, School of Law, University of Essex, for his insights on socioeconomic rights protections in Spanish law and the gaps that exist currently, the generosity of his time in explaining key aspects of the country’s social security and social assistance systems at national and regional levels, and for reviewing portions of this report.
The report author is also grateful to Jordi Gascón, Department of Social Anthropology, University of Barcelona, and Tomaso Ferrando, Faculty of Law, University of Antwerp, for their insights on the Spanish food aid system and the use of right to food arguments respectively.
Human Rights Watch would like to thank players of People’s Postcode Lottery for their generous support of this project through the Postcode Justice Trust.
Human Rights Watch expresses its gratitude to all the people who agreed to be interviewed about their experiences of poverty during the pandemic and its impact on their rights, and in particular to those who went on after their interview to encourage others waiting in the food queues to speak with us.
 
[1] The Spanish government uses the European Union’s definitions of “several material deprivation,” and “at risk of poverty or social exclusion” (AROPE). See Eurostat, “Glossary: At Risk of Poverty or Social Exclusion,” undated, Eurostat: Statistics Explained, https://ec.europa.eu/eurostat/statistics-explained/index.php?title=Glossary:At_risk_of_poverty_or_social_exclusion_(AROPE) (accessed March 14, 2022). In this report, unless specifically noted otherwise, references to poverty rates are linked to studies that use AROPE measurements, rather than the narrower “severe material deprivation” definition. The Spanish national statistics institute sets out detailed definitions of both in its annual studies: see Instituto Nacional de Estadística, “2.11 Riesgo de pobreza y/o exclusion social (estrategia Europa 2020) indicador AROPE,” undated, https://www.ine.es/ss/Satellite?L=es_ES&c=INESeccion_C&cid=1259941637944&p=1254735110672&pagename=ProductosYServicios/PYSLayout (accessed March 14, 2022), containing national AROPE data from 2008 through 2020, and “2.10 Carencia material severa,” undated, https://www.ine.es/ss/Satellite?L=es_ES&c=INESeccion_C&cid=1259925456180&p=%5C&pagename=ProductosYServicios%2FPYSLayout&param1=PYSDetalle&param3=1259924822888 (accessed March 14, 2022), containing several material deprivation data from 2009-2020. Data from prior to the Covid-19 pandemic showed Nou Barris in Barcelona and Puente de Vallecas in Madrid as among the areas with his levels of poverty and deprivation. For 2018-19 data on Madrid, see Servicio de Estudio y Evaluación Territorial & Universidad Carlos II Madrid, “Metodología para la elaboración del índice de vulnerabilidad,” Area de Coordinación Territorial y Cooperación Público Social de Madrid, 2018, https://www.madrid.es/UnidadWeb/Contenidos/Publicaciones/TemaServiciosSociales/IndiceVulnerabil/indicevulnerabilidad.pdf (accessed March 14 2022); and Daniele Grasso, “Madrid en mapas: El riesgo de esclusión social lo marca el barrio,” El País, September 8, 2019, https://elpais.com/ccaa/2019/07/31/madrid/1564576468_521590.html (accessed March 14, 2022);
For 2018-19 data on Barcelona, see Ayuntamiento de Barcelona, “Estrategia de inclusión y de reducción de las desigualdades sociales de Barcelona 2017-2027,” April 2018, http://www.bcn.cat/barcelonainclusiva/ca/2018/6/estrategia_inclusion_2017-2027_es.pdf (accessed March 14, 2022), section 3.2, and Ajuntament de Barcelona, “Taxes de pobresa i exclusió social i estat de salut de la població,’ 2017, https://ajuntament.barcelona.cat/estadistica/catala/Estadistiques_per_temes/Poblacio_i_demografia/Poblacio/Enquesta_sociodemografica/esd17/persones/taxes/trp.htm (accessed March 14, 2022).
[2] Sergi Picazo, Laura Navarro Soler & Eli Vivas, “Mapa de la Covid-19 a Catalunya, Barri a Barri,” El Crític (with Storydata), October 26, 2020, https://www.elcritic.cat/dades/mapa-de-la-covid-19-a-catalunya-barri-a-barri-69235 (accessed February 16, 2022); José Manuel Baena-Díez et. al. “Impact of Covid-19 outbreak by income: hitting hardest the most deprived,” Journal of Public Health, Vol. 42 (2020), https://doi.org/10.1093/pubmed/fdaa136; Stephen Burgen and Sam Jones, “Poor and vulnerable hardest hit by pandemic in Spain,” The Guardian, April 1, 2020, https://www.theguardian.com/world/2020/apr/01/poor-and-vulnerable-hardest-hit-by-pandemic-in-spain (accessed February 16, 2022); and “La Covid afecta más a los barrios desfavorecidos y a las mujeres menores de 65,” El Nacional, February 21, 2021, https://www.elnacional.cat/es/salud/la-covid-afecta-mas-a-los-barrios-desfavorecidos-y-las-mujeres-menores-de-65-anos_585372_102.html (accessed, February 16, 2022). For broader impact on gender and other differentials, see Comunidad de Madrid, “Impacto socioecónomico de la Covid-19 sobre las mujeres,” December 2020, http://www.madrid.org/iestadis/fijas/estructu/sociales/descarga/covid19muj2.pdf, (accessed February 16, 2022); European Anti-Poverty Network Spain (EAPN-ES), “11º informe 2021: El estado de la pobreza: Seguimiento del indicador de pobreza y exclusión social en España, 2008-20,” https://www.eapn.es/ARCHIVO/documentos/documentos/informe-AROPE-2021-contexto-nacional.pdf (accessed February 16, 2022); and EAPN-ES, “10º informe 2020: El estado de la pobreza: Seguimiento del indicador de pobreza y exclusión social en España, 2008-19,” https://www.eapn.es/ARCHIVO/documentos/documentos/1602601812_informe_arope_2020.pdf (accessed February 16, 2022).
[3] Royal Decree 463/2020, of March 14, declaring the state of alarm to address the management of the public health crisis caused by Covid-19, Boletín Oficial del Estado, BOE-A-2020-3692, March 14, 2020, https://www.boe.es/eli/es/rd/2020/03/14/463 (accessed February 16, 2022). The “state of alarm” is one of three types or levels of emergency Spanish law permits under article 116 of the Constitution and Organic Law 4/1981; the others are a “state of siege” and a “state of exception”.
[4] Raphael Minder and Elian Peltier, “Spain, on Lockdown, Weighs Liberties Against Containing Coronavirus,” New York Times, March 15, 2020 (updated November 16, 2020), https://www.nytimes.com/2020/03/15/world/europe/spain-coronavirus.html (accessed February 16, 2022) and Elian Peltier and Raphael Minder, “ In Spain, a Call to ‘Free Our Children’ from Coronavirus Confinement,” New York Times, April 18, 2020, https://www.nytimes.com/2020/04/18/world/europe/spain-children-lockdown-coronavirus.html (accessed February 16, 2022). On the differential socioeconomic impact on children, see Save the Children España, “Covid-19: Cerrar la brecha: Impacto educativo y propuestas de equidad para la desescalada,” May 2020, https://www.savethechildren.es/sites/default/files/2020-05/COVID19Cerrarlabrecha.pdf (accessed February 16, 2022), p. 8-10 and 29-33.
[5] A recent comprehensive study of the available evidence on the impact of the pandemic on poverty levels and on people experiencing or at risk of experiencing poverty, shows that the groups whose income levels were affected most negatively during 2020 were people between the age of 18 and 34, people born outside of Spain, families with children, and people in semi-skilled service work. See Sebastià Sarasa et al, “La desigualdad y la pobreza en el primer año de pandemia Covid-19 en España,” Recerca Metròpoli, March 2022, Barcelona: Institut d’Estudis Regionals i Metropolitans de Barcelona, Vol. 1, 1-16.
[6] Estela García, “La Cara B de la pandemia: los trabajadores de la economía sumergida,” RTVE.es, September 24, 2021, https://www.rtve.es/noticias/20210924/cara-pandemia-trabajadores-economia-sumergida/2173822.shtml (accessed February 16, 2022); Eduardo Bayona, “Los nuevos pobres de la pandemia: de la economía sumergida y la precariedad al desamparo,” Público, September 11, 2020, https://www.publico.es/sociedad/coronavirus-nuevos-pobres-pandemia-economia-sumergida-precariedad-desamparo.html (accessed February 16, 2022); and Carlos Ocaña et. al, “Impacto social de la pandemia en España: una evaluación preliminar,” FUNCAS, November 2020, https://www.funcas.es/wp-content/uploads/2020/11/Impacto-social-de-la-pandemia-en-España.pdf (accessed February 16, 2022).
[7] Graham Keeley, “’Hunger queues’ and use of food banks on the rise as Spain struggles to recover from Coronavirus,” The Independent, May 28, 2020, https://www.independent.co.uk/news/world/europe/food-banks-spain-hunger-coronavirus-poverty-covid-19-a9536341.html (accessed January 21, 2021); Jordi Rubio and Luis Felipe Castilleja, “Queues for Spain’s food banks swell as coronavirus cases dwindle,” Reuters, June 4, 2020, https://www.reuters.com/article/us-health-coronavirus-spain-poverty-idUSKBN23B0TG (accessed January 21, 2021); and “Spain’s food banks pick up where the pandemic left off,” DW News, December 1, 2020, https://www.dw.com/en/spains-food-banks-pick-up-where-the-pandemic-left-off/av-55781131 (accessed January 21, 2021).
[8] BBVA, “El impacto de la pandemia en el mercado laboral ha ampliado la brecha de género en Espana según BBVA Research,” (Research Briefing), December 1, 2020, https://www.bbva.com/es/sostenibilidad/el-impacto-de-la-pandemia-en-el-mercado-laboral-ha-ampliado-la-brecha-de-genero-en-espana-segun-bbva-research/ (accessed June 9, 2022); Vicente Castelló Roselló, “La pandemia amplía la brecha de género,” Prospect 2030 Comunitat Valenciana (Research Paper), May 2021, https://prospectcv2030.com/wp-content/uploads/2021/05/Género_pandemia.pdf (accessed June 9, 2022); Marina Gómez García et. al, “El impacto diferencial por sexos de la crisis del Covid-19 en el mercado de trabajo español,” Bank of Spain Economic Bulletin 3/2021, September 14, 2021, https://www.bde.es/f/webbde/SES/Secciones/Publicaciones/InformesBoletinesRevistas/BoletinEconomico/21/T3/Fich/be2103-it-Rec5.pdf (accessed June 9, 2022); and EFE, “La brecha de género de paro y horas trabajadas aumentó durante la pandemia,” September 14, 2021, https://www.efe.com/efe/espana/economia/la-brecha-de-genero-paro-y-horas-trabajadas-aumento-durante-pandemia/10003-4629161 (accessed June 9, 2022).
[9] Human Rights Watch interview with Ana Belén (only first name recorded), Puente de Vallecas, Madrid, October 22, 2021.
[10] Human Rights Watch interview with Karima (only first name recorded), Puente de Vallecas, Madrid, October 21, 2021.
[11] Human Rights Watch interview with Otman (only first name recorded), Raval, Barcelona, June 16, 2021.
[12] See a description of DISA Trinitat below in the section “Growing Reliance on Food Aid”.
[13] Human Rights Watch interview with Ana María Ametller Hueto, journey from Trinitat to Ciutat Vella, Barcelona, June 23, 2021.
[14] Human Rights Watch interview with Benito Balido Gómez, Sant Antoni, Barcelona, June 20, 2021.
[15] Data held on file from the National Institute for Social Security’s database.
[16] Article 44 of Law 11/2020, of December 30, relating to the General State Budget for the Year 2021, Boletín Oficial del Estado, BOE-A-2020-17339, December 31, 2020, https://www.boe.es/buscar/doc.php?id=BOE-A-2020-17339 (accessed June 13, 2022).
Royal Decree 463/2020, of March 14, declaring the state of alarm to address the management of the public health crisis caused by Covid-19, Boletín Oficial del Estado, BOE-A-2020-3692, March 14, 2020, https://www.boe.es/eli/es/rd/2020/03/14/463 (accessed February 16, 2022). T
[17] Diego Fernández, “¿Cuánto se cobra por una pensión no contributiva en 2021?” Noticia Trabajo, October 25, 2021 (updated December 5, 2021) (accessed January 24, 2022), https://www.noticiastrabajo.es/cuanto-se-cobra-pension-no-contributiva-2021/.
[18] E. Zamorano, “La pobreza se agudiza en España mientras los más ricos ya se han recuperado de la crisis, según Oxfam Intermón,” El Confidencial, January 25, 2021, https://www.elconfidencial.com/alma-corazon-vida/2021-01-25/informe-oxfam-intermon-espana-ricos-social_2921204/ (accessed June 13, 2022), and EAPN-ES, “El estado de la pobreza en España 2021: Avance de resultados,” July 15, 2021, https://www.eapn.es/ARCHIVO/documentos/noticias/1629703748_el-estado-de-la-pobreza.-avance-resultados-julio-2021-v2.pdf (accessed June 9, 2022). The official estimate of the poverty threshold can be found in Instituto Nacional de Estadística, “Encuesta de condiciones de vida (ECV) Año 2020. Resultados definitivos,” July 15, 2021, https://www.ine.es/prensa/ecv_2020.pdf (accessed June 13, 2022).
[19] UN Committee on Economic, Social and Cultural Rights, “Concluding observations on the sixth periodic report of Spain,” E/C.12/ESP/CO/6, April 25, 2018, https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=4slQ6QSmlBEDzFEovLCuW1SKyxvprlxEitT1iPv5tsG80ELH30lp%2bURW%2fv0pMkQcf61TicGbfUD%2bE8x0cF6WYYM778UpzlrUblhJ9r0bs0EL2J7qf7UtzVrUrdKNocu0, paras. 30-32. In an earlier examination of Spain’s social rights record, the European Committee of Social Rights found that the non-contributory pension fell below the then poverty threshold based on 2014 data, and noted that it had not been provided with the full information it had requested of the Spanish government on non-contributory pensions. Despite this, however, the Committee stated that in general that “old age pensions, both contributory and non-contributory, are generally above the poverty threshold.” See European Committee of Social Rights, “Conclusions XXI-2 2017 Spain,” January 2018, https://hudoc.esc.coe.int/app/conversion/pdf?library=ESC&id=CR_XXI-2_ESP_ENG&filename=CR_XXI-2_ESP_ENG.pdf (accessed June 13, 2022), pages 39-40.
[20] “Miles de personas se manifiestan en varias ciudades de España para exigir pensiones dignas,” Público, May 30, 2021 (accessed January 24, 2022), https://www.publico.es/sociedad/pensiones-dignas-miles-personas-manifiestan-ciudades-espana-exigir-pensiones-dignas.html.
[21] Martín Cúneo, “Los pensionistas se rebelan contra la reforma de Escrivá,” El Salto, January 20, 2021, https://www.elsaltodiario.com/pensiones/marea-movimiento-pensionistas-sistema-publico-pensiones-empresas-planes-privados-rebelan-contra-contra-reforma-escriva (accessed June 13, 2022); Marta Jurado, “Pensionistas, sobre el plan de Escrivá de subir las cotizaciones: ’Esconde una amenaza de recortes,” 65ymás.com, November 11, 2021, https://www.65ymas.com/futuro-pensiones/pensionistas-sobre-plan-escriva-subir-cotizaciones-esconde-amenaza-recorte_33641_102.html (accessed June 13, 2022); Marea Pensionista, “Boletín No. 24: Pérdida del 3% del coste de la vida para el 2021,” December 18, 2021, http://mareapensionista.org/2021/12/18/boletin-no-24-de-marea-pensionista-de-catalunya/ (accessed June 13, 2022); “Los pensionistas protestan en Barcelona por la pérdida de poder adquisitivo,” La Vanguardia, January 12, 2022, https://www.lavanguardia.com/vida/20220212/8053014/pensionistas-protestan-barcelona-perdida-adquisitivo.html (accessed June 13, 2022).
[22] “El Congreso aprueba la reforma del [sic] las pensiones que vincula su subida con el IPC,” RTVE.es, December 2, 2021, https://www.rtve.es/noticias/20211202/congreso-aprueba-reforma-pensiones-ipc/2236524.shtml (accessed February 18, 2022); EFE, “El Senado aprueba definitivamente la ley que revaloriza las pensiones con el IPC,” Público, December 22, 2021, https://www.publico.es/economia/pensiones-senado-aprueba-definitivamente-ley-revaloriza-pensiones-ipc.html (accessed February 18, 2022); Gorka Pérez, “Así quedan las pensiones en 2022 tras la revalorización con el IPC,” El País, January 25, 2022, https://elpais.com/economia/2022-01-25/el-gobierno-actualiza-las-pensiones-para-2022-subiendolas-un-25.html (accessed February 18, 2022). For inflation rates at the time of publication and details of the consumer price index, see: Instituto Nacional de Estadísticas, “Índice de Precios de Consumo (IPC). Base 2021. Índice de Precios de Consumo Armonizado (IPCA). Base 2015. (Mayo 2022),” June 10, 2022, https://www.ine.es/daco/daco42/daco421/ipc0522.pdf (accessed June 10, 2022).
[23] Human Rights Watch interview with María (full name on file), Sant Antoni, Barcelona, June 20, 2021. The figures Maria provided were per month.
[24] Human Rights Watch interview with Fernando (only pseudonym provided), Puente de Vallecas, Madrid, October 22, 2021.
[25] For a more detailed treatment of the furlough scheme, see the section “State Response Failing to Meet Needs” in this report. “Càritas Barcelona alerta de que la tasa de pobreza se duplica en familias con hijos,” EuropaPress, December 17, 2021, https://www.europapress.es/catalunya/noticia-caritas-barcelona-alerta-tasa-pobreza-duplica-familias-hijos-20211217122110.html (accessed February 16, 2022); Cáritas Diocesana de Barcelona Observatorio de la Realidad Social, “Impacto de la crisis de la Covid-19 en los hogares atendidos por Cáritas Diocesana de Barcelona (Segunda oleada 2020): Secuelas profundas que aumentan la fragilidad y la precariedad,” December 2020; “Impacte de la crisi de la Covid-19 en les llars ateses per Càritas Diocesana de Barcelona (Tercera onada 2021): 1 any de crisi: Seqüeles que s’estanquen i fatiga pandémica,” April 2021, https://caritas.barcelona/wp-content/uploads/2021/04/INFORME_web.pdf (accessed. February 16, 2022); Queralt Cadafalch de Juan et. al. “Análisis de los perfiles de los hogares atendidos en los puntos de distribución de alimentos de las parroquias de Santa Anna y Sant Cebrià” Càritas Diocesana de Barcelona Observatori de la Realitat Social, June 2020; and EAPN-ES, “11º informe 2021”.
[26] Save the Children España, “Covid-19: Cerrar la brecha”; and Càritas Diocesana de Barcelona, “Impacte de la crisi de la Covid-19 en les llars ateses per Càritas Diocesana de Barcelona (Tercera onada 2021)”. Save the Children España has also assessed the system of grants (becas) as a means-tested way of ensuring children from low-income families can participate fully in the life of the school, including by eating at the school canteen, to be limited in its reach and in need of reform. See Save the Children España, “La Infancia Marca,” April 2019, https://www.savethechildren.es/sites/default/files/imce/docs/la_infancia_marca.pdf (accessed March 15, 2022).
[27] Federación de Asociaciones de Madres Solteras, “Basta de palabras: Las familias monoparentales lanzan una campaña para reclamar que la corresponsabilidad con lo público sea un hecho,” press release, August 25, 2020, https://familiasmonomarentales.es/wp-content/uploads/2021/09/Nota-de-Prensa.pdf (accessed February 16, 2022). The survey refers also to official national statistical surveys preceding the pandemic, which already documented that 68.8 percent of single-parent families ran out of money by the end of each month.
[28] FAMS, “Impacto de la Crisis Covid-19 en las familias Monomarentales (I): Evaluación del primer mes del estado de alarma,” https://familiasmonomarentales.es/wp-content/uploads/2021/07/Monoparentales-I-Impacto-del-Estado-de-Alarma1.pdf, (accessed March 14, 2022), page 10. These concerns echoed pre-pandemic research by Save the Children España, citing statistics that of the 10.3 percent of all households in Spain which were classified as single-parent-led, 49 percent were at risk of poverty or social exclusion. See Save the Children España, “La Infancia Marca,” p 59. Aside from concerns around poverty and access to food, FAMS found in its April 2020 survey that the government decree during the initial state of alarm not allowing children out at all, affected single mothers disproportionately, because they could not take their children to buy groceries: 27 percent of surveyed single parents expressed anxiety about not having enough food at home because of this restriction. See pages 8-9 of FAMS, “Impacto de la Crisis Covid-19 en las familias Monomarentales (I).”.
[29] Instituto Nacional de Estadística, “Encuesta de condiciones de vida (ECV) Año 2020. Resultados definitivos,” pages 5-6.
[30] “Prestaciones familiares,” (undated), Seguridad Social, https://www.seg-social.es/wps/portal/wss/internet/Pensionistas/Servicios/34887/40968/41091 (accessed February 16, 2022); Sandra Moreno Bazán, “Todas las prestaciones y ayudas disponibles en 2021 por tener un hijo,” La Información, February 19, 2021 (updated September 3, 2021), https://www.lainformacion.com/economia-negocios-y-finanzas/prestaciones-ayudas-disponibles-tener-hijo-2021/2829798/?autoref=true (accessed February 16, 2022); and Francisco Miralles, “Cómo solicitar la ayuda de 100 euros de madre trabajadora,” NoticiasTrabajo.es, February 2, 2020 (updated May 31, 2021), https://www.noticiastrabajo.es/como-solicitar-la-ayuda-de-100-euros-a-madres-trabajadoras/ (accessed February 16, 2022).
[31] European Commission, “Recommendation for a Council Recommendation on the 2019 National Reform Programme of Spain and delivering a Council opinion on the 2019 Stability Programme of Spain,” COM (2019) 509 Final, June 5, 2019, https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:52019DC0509&from=EN (accessed February 16, 2022), para. 14.
[32] Svetlana Vtyurina, “Effectiveness and Equity in Social Spending: The Case of Spain,” Working paper No. 20/16, International Monetary Fund, January 30, 2020, https://www.imf.org/en/Publications/WP/Issues/2020/01/30/Effectiveness-and-Equity-in-Social-Spending-The-Case-of-Spain-48936 (accessed February 16, 2022). The study did note that family benefits per child had increased in 2019 for some families in severe poverty, between the date on which the child poverty data were based and its publication (footnote 8).
[33] “Escrivá: ‘El complemento de ayuda a la infancia refuerza el IMV como el mejor instrumento para luchar contra la pobreza infantil,” Revista de Seguridad Social, October 18, 2021, https://revista.seg-social.es/2021/10/18/escriva-el-complemento-de-ayuda-a-la-infancia-refuerza-el-imv-como-el-mejor-instrumento-para-luchar-contra-la-pobreza-infantil/ (accessed February 16, 2022); Rubén Villanueva, “El Ingreso mínimo vital no llega a los niños pobres,” El País, December 7, 2021, https://elpais.com/planeta-futuro/3500-millones/2021-12-07/el-ingreso-minimo-vital-no-llega-a-los-ninos-pobres.html (accessed February 16, 2022); and “Unicef reafirma la importancia de complementar el IMV con la prestación con hijo a cargo para atajar la pobreza,” Nueva Economía Forúm, November 19, 2021, http://www.nuevaeconomiaforum.org/en/noticias/unicef-reafirma-la-importancia-de-complementar-el-imv-con-la-prestacion-con-hijo-cargo-para-atajar-la-pobreza (accessed February 18, 2022).
[34] Agencia Servimedia, “El 70% de las familias que reciben el Ingreso Mínimo Vital son monomarentales,” CadenaSer, October 27, 2021, https://cadenaser.com/ser/2021/10/27/sociedad/1635352228_449872.html (accessed February 16, 2022). See also the High Commissioner on Child Poverty’s earlier statements reported in “El Alto Comisionado contra la Pobreza Infantil pide aumentar el umbral de renta para acceder el IMV,” EuropaPress, June 19, 2021, https://www.europapress.es/epsocial/igualdad/noticia-alto-comisionado-contra-pobreza-infantil-pide-aumentar-umbral-renta-acceder-imv-20210619121335.html (accessed February 16, 2022).
[35] Informational note from the Secretary General of Inclusion and Social Prediction Policy and Objectives from the Ministry of Inclusion, Social Security and Migrations to Human Rights Watch, April 19. 2022. See further discussion in Chapter “State Response Failing to Meet Need.”
[36] Human Rights Watch interview with Kréta Adamova, Verdum, Barcelona, June 22, 2021.
[37] Human Rights Watch interview with Veronica (full name on file), Verdum, Barcelona, June 24, 2021.
[38] Human Rights Watch interview with Joan (real first name provided, on file), Raval, Barcelona, June 16, 2021.
[39] Human Rights Watch, Shattered Dreams: Impact of Spain’s Housing Crisis on Vulnerable Groups, May 2014, https://www.hrw.org/report/2014/05/27/shattered-dreams/impact-spains-housing-crisis-vulnerable-groups, Chapter 1.
[40] Pablo Sempere, “España tiene menos de una vivienda social por cada 100 habitantes, lejos de las cuatro de la UE,” Cinco Días: El País Economía, September 24, 2020, https://cincodias.elpais.com/cincodias/2020/09/24/economia/1600970058_119777.html (accessed February 16, 2022); and Diana Fresneda, “La brecha de la vivienda social en España: en mínimos de los últimos 40 años y a la cola de la UE,” RTVE.es, October 26, 2021, https://www.rtve.es/noticias/20211026/vivienda-social-espana/2204200.shtml (accessed February 26, 2021).
[41] Ángel Munárriz, “El subsuelo de la precariedad: el covid-19 agrava la brecha laboral de los extranjeros,” InfoLibre.es, April 12, 2021, https://www.infolibre.es/politica/subsuelo-precariedad-covid-19-agrava-brecha-laboral-extranjeros_1_1195403.html (accessed March 8, 2022). On domestic care, see Sònia Parella Rubio, “El sector de trabajo del hogar y de cuidados en España en tiempos de COVID-19,” Anuario CIDOB de la Inmigración 2020, January 2021, doi.org/10.24241/AnuarioCIDOBInmi.2020.102.
[42] Gabriela Sánchez, “Venta en Wallapop de citas para comisarías de extranjería: ‘Te la consigo por 100 euros’,” El Diario, August 16, 2020, https://www.eldiario.es/desalambre/venta-wallapop-citas-comisarias-extranjeria-100-euros_1_6163768.html (accessed February 16, 2022). One particularly worrying consequence of this administrative backlog, and the limited appointments available once administrative offices reopened for in-person visits, was the growth in an already existing, exploitative and illegal trade in appointments, obtained by scalpers and then resold at high prices to migrants who need them. See Cristina Suárez and Maria Zuil, “La ‘reventa’ de citas colapsa Extranjería: ‘Por 180 euros te consigo hora,” El Confidencial, October 5, 2019, https://www.elconfidencial.com/espana/2019-10-05/mercado-negro-extranjeria-cita-previa-especulacion-404_2269640/ (accessed February 16, 2022); Marina Velasco, “Así es la venta ilegal de citas de Extranjería: ‘Juegan con la desesperación de la gente,” Huffington Post, February 20, 2020, https://www.huffingtonpost.es/entry/asi-es-la-venta-fraudulenta-de-citas-de-extranjeria-juegan-con-la-desesperacion-de-la-gente_es_5e4ea16bc5b6d3f9c6c5bd83 (accessed February 16, 2022).
[43] Human Rights Watch interview with Silvia Sánchez Bonilla, Raval, Barcelona, June 10, 2021.
[44] Human Rights Watch interview with Gloria Díaz, Raval, Barcelona, June 21, 2021.
[45] Human Rights Watch interview with Gloria Díaz, Raval, Barcelona, June 21, 2021.
[46] Human Rights Watch interview with Miguel and Jennifer (real first names on file), Sant Antoni, Barcelona, June 10, 2021.
[47] Human Rights Watch interview with Yanay (real first name provided, on file), Puente de Vallecas, Madrid, October 21, 2021.
[48] Some food banks closed their doors temporarily in March and April 2020 in response to the virus, particularly as many volunteers are older people and the organizations were concerned about the risk to their health from Covid-19. Interviews with Ángel Franco, spokesperson, Spanish Food Banks Federation (FESBAL), Nov 25, 2020; Gema Escrivá, Director, Food Bank of Madrid (Banco de Alimentos de Madrid), November 18, 2020; Lluís Fatjó Vilas, Director, Food Bank Foundation of Barcelona (Fundació Banc dels Aliments de Barcelona), November 26, 2020; Antoni Quintana, DISA Trinitat, Nou Barris, Barcelona, June 26, 2021; and Mercè Darnell, Basic Necessities Program, Caritas Barcelona, July 1, 2021. For a critical assessment of the national food bank approach and its reliance on donations of surplus food to charity, and the links in this practice to agrobusiness, see Jordi Gascón and Xavier Montagut, Banco de Alimentos: ¿Combatir el Hambre con la Sobras? (Barcelona: Icaria Editorial, 2015).
[49] FESBAL, “Nunca habíamos vista algo así,” May 15, 2020, https://www.fesbal.org.es/post/nunca-hab%C3%ADamos-visto-algo-as%C3%AD (accessed February 16, 2022).
[50] Human Rights Watch telephone interview with Ángel Franco, spokesperson, Spanish Food Banks Federation (FESBAL), Nov 25, 2020.
[51] Human Rights Watch video interviews with Gema Escrivá, Director, Food Bank of Madrid (Banco de Alimentos de Madrid), November 18, 2020 and Lluís Fatjó Vilas, Director, Food Bank Foundation of Barcelona (Fundació Banc dels Aliments de Barcelona), November 26, 2020, and subsequent e-mails (on file).
[52]Spain: Rights at Risk in Housing Crisis,” Human Rights Watch news release, May 27, 2014, https://www.hrw.org/news/2014/05/27/spain-rights-risk-housing-crisis and Human Rights Watch, “Shattered Dreams”.
[53] Human Rights Watch video interview with Gema Escrivá, Food Bank of Madrid, November 18, 2020. For further detail on the ERTE furlough scheme, see the section entitled “Growing Reliance on Food Aid,” below.
[54] Data in the table are drawn from “Dossier de Prensa 2021,” Federación Española de Bancos de Alimentos, p. 9, accessed February 16, 2022, https://drive.google.com/file/d/1WT7yOn9NxNZsXo3mfC_-PULytGVVoMh4/view and “Tabla Beneficiarios Ayudados y Números de Entidades Benéficas Ayudadas—FESBAL (2007-19),” Federación Española de Bancos de Alimentos, accessed February 16, 2022, https://drive.google.com/file/d/1FlpTa4nMwPzw8RpqJJSaacplV4pUNWwW/view?usp=sharing.
[55] “Los servicios de emergencia social de Cáritas Diocesana de Barcelona atienden a más de 3.000 hogares durante el mes de abril, el doble que el año anterior,” Cáritas Diocesana de Barcelona, May 14, 2020, https://caritas.barcelona/wp-content/uploads/2020/05/20200514_NdP_C%C3%80RITAS_CORONAVIRUS_5_CAST.pdf. In the text of this report, we refer to “Caritas” in English, without diacritics, for consistency. The national network of Caritas and Caritas Madrid use the Spanish spelling “Cáritas,” and Caritas Barcelona uses the Catalan spelling “Càritas” in Catalan publications, and the Spanish spelling “Cáritas” in Spanish ones.
[56] Data in the table are compiled from information provided in writing on June 1, 2022 to Human Rights Watch by the Office of the Counselor of the Department of Social Affairs in the Generalitat de Catalunya, Catalonia’s regional government (on file).
[57] Alba Losada Parella, “Vecinos autoorganizados del Raval recaudan alimentos contra la crisis: ‘Nos necesitamos para superar esto,” El Salto, January 20, 2021, https://www.elsaltodiario.com/movimiento-vecinal/vecinos-autoorganizados-raval-barcelona-recaudan-alimentos-contra-crisis (accessed January 21, 2021); “Les entitats socials alerten del risc de no continuar pel sobrecost que estan assumint,” betevéˆ, May 17, 2020, https://beteve.cat/economia/entitats-socials-continuitat-sobrecost-ajudes-confederacio-coronavirus/ (accessed January 18, 2022); Nuria Ferré, “Reset: Episode 104,” betevé, January 21, 2021, https://beteve.cat/economia/reset-104/ (accessed January 21, 2021); Pablo Roces, “La red vecinal que alimenta a 700 familias en barrio madrileño de Aluche: ‘Algunos se tapan por vergüenza,” El Mundo, May 11, 2020, https://www.elmundo.es/madrid/2020/05/11/5eb815de21efa075258b45cf.html (accessed February 16, 2022); and “Las redes vecinales de Madrid siguen ayudando con alimentos a más de 13.000 personas al mes,” La Vanguardia, July 30, 2021, https://www.lavanguardia.com/local/madrid/20210730/7634545/redes-vecinales-madrid-alimentos-13000-personas.html (accessed February 16, 2022).
[58] Human Rights Watch interview with four activists (including Marimar, full name on file, and César Bárcenas) in Somos Tribu VK’s San Diego neighborhood pantry, Puente de Vallecas, Madrid, October 20, 2021. For a fuller description of the work of Somos Tribu VK, see, “Especial RNE: Un año del estado de alarma: Las redes de solidaridad vecinal: ‘Las personas que piden ayuda nunca pensaron que se verîan en esta situación,” RTVE.es, March 9, 2021, https://www.rtve.es/noticias/20210309/somos-tribu-nuestros-usuarios-nunca-imaginaron-verse-asi/2081323.shtml (accessed February 16, 2022).
[59] Human Rights Watch interview with BAB-Colectivo members, Lavapiés, Madrid, October 20, 2021; Human Rights Watch interview with Mohammed Fazle Elahi, Asociación Valiente Bangla, Lavapiés, Madrid, October 20, 2021; and Human Rights Watch interview with Usman Camara, organic farmer, Madrid, January 29, 2022. See also María Martín, “El hambre aprieta a los inmigrantes irregulares,” El País, May 10, 2020, https://elpais.com/espana/2020-05-09/el-hambre-aprieta-a-los-inmigrantes-irregulares.html (accessed January 21, 2022); Somos Malasaña, “Las redes vecinales reclaman a las instituciones que asuman su responsabilidad ante la crisis social,” El Diario, May 30, 2020, https://www.eldiario.es/madrid/somos/malasana/las-redes-vecinales-reclaman-a-las-instituciones-que-asuman-su-responsabilidad-ante-la-crisis-social_1_6413166.html (accessed February 16, 2022); and Antonio Pérez, “El agricultor de Lavapiés que ha donado 15.000 kilos de comida en pandemia y que lo ha perdido todo en un incendio,” El Diario, July 25, 2021 (updated October 1, 2021), https://www.eldiario.es/madrid/somos/lavapies/noticias/agricultor-lavapies-donado-15-000-kilos-comida-pandemia-perdido-incendio_1_8151234.html (accessed February 16, 2022).
[60] Human Rights Watch interview with Mohammed Fazle Elahi, Madrid, October 20, 2021.
[61] Human Rights Watch interview with Marta Marzal and Robert Masih Nahar, Fundació Indali/Indian Cultural Center, Barcelona, June 10, 2021; Human Rights Watch interview with Joan Villar, Xarxa de Suport Mutu de Verdum, Nou Barris, Barcelona, June 10, 2021; Human Rights watch interview with Antoni Quintana, DISA Trinitat, Nou Barris, Barcelona, June 26, 2021; Human Rights Watch interview with Marta Marzal and Robert Masih Nahar, Fundació Indali/Indian Cultural Center, Barcelona, June 10, 2021 and Human Rights Watch interview with Mercè Darnell, Barcelona, July 1, 2021.
[62] Human Rights Watch interview with Marta Marzal and Robert Masih Nahar, Barcelona, June 10, 2021. See Íngrid Colomer, “Crida d’Indian Cultural Centre per continuar donant lots d’alimentació bàsica,” béteve, July 5, 2020 (accessed February 16, 2022). For further information on Fundació Indali/Indian Cultural Centre’s food bank, including volume of food aid distributed and people assisted by month, see “Barcelona Solidarity Food Distribution Project 2021,” Fundació Indaliˆ, https://fundacionindali.org/en/donations/barcelona-solidarity-food-distribution-project-2021/ (accessed February 16, 2022).
[63] Human Rights Watch interview with Papalaye Seck, member of the People’s Union of Street Vendors of Barcelona, Raval, Barcelona, May 26, 2021; and Alfonso Congostrina, “Los manteros crean un banco de alimentos para sobrevivir durante el confinamiento,” El País, March 24, 2020, https://elpais.com/espana/catalunya/2020-03-24/los-manteros-crean-un-banco-de-alimentos-para-sobrevivir-durante-el-confinamiento.html (accessed February 16, 2022). In addition to operating a food bank, the street vendors’ union also sewed and delivery personal protective equipment to hospitals facing shortages. See EuropaPress, “Los manteros de Barcelona convierten su tienda en un taller de batas y mascarillas,” El Diario, March 30, 2020, https://www.eldiario.es/catalunya/barcelona/manteros-barcelona-convierten-tienda-mascarillas_1_1226122.html (accessed February 16, 2022) and Kartik Raj, “Barcelona’s Show of Solidarity in the Time of Covid-19,” commentary, Human Rights Watch Dispatch, April 2, 2020, https://www.hrw.org/news/2020/04/02/barcelonas-show-solidarity-time-covid-19.
[64] Human Rights Watch interview with Papalaye Seck, Barcelona, May 26, 2021
[65] The acronym DISA stands for Distribución Solidaria de Alimentos in Spanish and Distribució Solidària d’Aliments in Catalan (Solidarity Food Distribution), a program which began with what is now DISA Trinitat, and is today used by a set of similar—but not identical—Caritas-linked, volunteer-run food distribution pantries across Barcelona.
[66] Human Rights watch interview with Antoni Quintana, Barcelona, June 26, 2021.
[67] Compiled from data received in hard copy from Antoni Quintana, DISA Trinitat on June 26, 2021 and June 13, 2022. DISA Trinitat also documents the total number of households eligible to receive food aid each month, however, the chart above only shows those families who actually attended to receive food aid. Attendance rates range from 86 to 100 percent of eligible households. DISA Trinitat closes during August, and did not distribute food during that month in either 2019 or 2020. During 2021, however, DISA did a second distribution in July (raising the total to 2,227 households) and a small limited one in August to households with urgent need (33 households); the graph reflects an average figure (1,181 households) for those two months to ensure consistency with the other monthly data. Based on annual figures for 2021 (2,481 households and 6,542 people), Human Rights Watch estimates that the mean number of people per household is 2.64. This means that the January 2019 (pre-pandemic) number receiving food aid can be estimated as 2,220 people (841 households), rising to two peaks during the pandemic of 3,688 people (1,397 households) in November 2020 and 3,622 people (1,372 household) and March 2021, a rise in 64 to 66 percent from pre-pandemic levels to the peak. The latest available data are for December 2021, when an estimated 2,906 people (1,102 households) received food aid from this project, still showing a 32 percent increase on pre-pandemic levels of demand for assistance.
[68] Human Rights watch interview with Antoni Quintana, DISA Trinitat, Nou Barris, Barcelona, June 26, 2021.
[69] The Spanish word economato translates most accurately into English as commissary. However, given the solidarity-based nature of the Caritas-linked economato, this report chooses to use the English language term “social supermarket” in line with the organization’s previous reporting of this type of poverty relief project. See Human Rights Watch, “Nothing Left in the Cupboards: Austerity, Welfare Cuts and the Right to Food in the UK,” May 2019, https://www.hrw.org/report/2019/05/20/nothing-left-cupboards/austerity-welfare-cuts-and-right-food-uk, p.30-36.
[70] Human Rights Watch interview with (and preceding email exchanges) with Pablo García Marcos, Caritas, Vicaria IV, Puente de Vallecas, Madrid, January 28, 2022.
[71] UN Commission on Human Rights, “Statement by Professor Olivier De Schutter, United Nations Special Rapporteur on extreme poverty and human rights, on his visit to the European Union (25 November 2020 to 29 January 2021),” January 29, 2021, https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26693&LangID=E (accessed February 16, 2022).
[72] Eurostat, “Early estimates of income and poverty in 2020,” July 5, 2021, https://ec.europa.eu/eurostat/en/web/products-eurostat-news/-/ddn-20210705-1 (accessed June 9, 2022).
[73] Galina Andronova Vincelette et. al. “Standing at a crossroads: Economic recovery plans in EU essential to deliver inclusive and green growth,” August 4. 2021, World Bank Blogs, https://blogs.worldbank.org/europeandcentralasia/standing-crossroads-economic-recovery-plans-eu-essential-deliver-inclusive-and (accessed June 9, 2022).
[74] World Bank Group, Inclusive Growth at a Crossroads: Part One of Strengthening Inclusion and Facilitating the Green Transition,” World Bank Report on the European Union (EU Regular Economic Report 7), 2021, pages 30-31.
[75] EAPN-ES, “11º informe 2021”.
[76] EAPN-ES, “El estado de la pobreza en España 2021: Avance de resultados”.
[77]Data from the National Institute of Statistics’ Cost of Living Survey (INE-ECV), collated in graphs 8 and 9 of “Superar la pandemia y reducir la desigualdad. Como hacer frente a la crisis sin repetir errores,” Oxfam Intermón, September 2, 2021, https://cdn2.hubspot.net/hubfs/426027/Oxfam-Website/oi-informes/superar-covid-reducir-desigualdad-oxfam-intermon.pdf (accessed February 16, 2022). See also Sebastià Sarasa et al, “La desigualdad y la pobreza en el primer año de pandemia Covid-19 en España,” Table 3, for impact on income generally, by quintile, rather than disposable income.
[78] Instituto Nacional de Estadística, “Encuesta de condiciones de vida (ECV) Año 2020. Resultados definitivos”.
[79] María Sosa Troya, “Spain’s social protection system is broken, says United Nations expert,” El País, February 10, 2020 (accessed January 21, 2022), https://english.elpais.com/society/2020-02-10/spains-social-protection-system-is-broken-says-un-expert.html; “Spain: High rates of poverty a political choice, says UN rights expert,” UNHCR News release, February 7, 2020, https://www.srpoverty.org/wp-content/uploads/2020/02/alston-spain-pr-final-1.pdf (accessed January 21, 2022). Although the Special Rapporteur’s statement postdates the January 30, 2020 World Health Organization declaration of Covid-19 as a “Public Health Emergency of International Concern,” its focus is on Spain prior to the Covid-19 pandemic.
[80] UN Human Rights Council, Report of the Special Rapporteur on extreme poverty and human rights, Philip Alston, Visit to Spain, A/HRC/44/40/Add.2, April 21, 2020, https://www.srpoverty.org/wp-content/uploads/2020/07/spain-final-report.pdf (accessed January 21, 2022), para. 19.
[81] “El Gobierno decreta que los ERTE del Covid-19 terminen cuando acabe el estado de alarma,Cinco Días, March 28, 2020 (accessed January 21, 2022), https://cincodias.elpais.com/cincodias/2020/03/27/economia/1585347334_635247.html.
[82] Servicio Público de Empleo Estatal, Ministerio de Trabajo y Economía Social, “Nuevas Medidas Adoptadas en la Aplicación de los Erte Covid-19,” undated, https://sepe.es/HomeSepe/COVID-19/nuevas-medidas-aplicacion-ERTE-COVID-19-Real-Decreto-ley-30-2020-29-septiembre (accessed January 21, 2022).
[83] “What does the extension of Spain’s ERTE furlough scheme entail?” El País, June 26, 2020 (accessed January 21, 2022), https://english.elpais.com/economy_and_business/2020-06-26/what-does-the-extension-of-spains-erte-furlough-scheme-entail.html. In March 2022, the Spanish government announced a new furlough scheme, with a different set of restrictions and eligibility criteria, and an initial limit of one year (extendable by two further six months periods), called the RED Mechanism. See “El Gobierno aprueba el procedimiento para solicitar el mecanismo RED y la constitución del fondo RED,” La Revista de la Seguridad Social, March 15, 2022, https://revista.seg-social.es/-/20220315-cmin-mecanismo-red (accessed June 9, 2022).
[84] La Moncloa, “El mes de marzo termina con 743.628 personas en ERTE,” press release, April 6, 2021, https://www.lamoncloa.gob.es/serviciosdeprensa/notasprensa/inclusion/Paginas/2021/060421-ertemarzo.aspx (accessed January 21, 2022); “La Seguridad Social cerrará diciembre con una nueva intensa creación de empleo,” press release, December 16, 2021, https://www.lamoncloa.gob.es/serviciosdeprensa/notasprensa/inclusion/Paginas/2021/161221-empleo.aspx (accessed January 21, 2022); and “Enero finaliza con 105.043 trabajadores en ERTE-COVID,” Revista de Seguridad Social, February 2, 2022, https://revista.seg-social.es/2022/02/02/enero-finaliza-con-105-043-trabajadores-en-erte-covid/?_ga=2.203417362.2048124831.1645198094-1533496933.1643758998 (accessed February 17, 2022).
[85] InfoJobs, “1 de cada 5 españoles estaría dispuesto a recibir su sueldo en B,” undated, https://orientacion-laboral.infojobs.net/sueldo-en-b (accessed January 21, 2022). The term “in B” is used to describe wages received under the table in cash, or as allowances but not a salary, to distinguish it from the “in A” component which is above board and declared to the tax authorities.
[86] Available data shows the proportion of the GDP made up of the “shadow economy” as varying between 19.1 and 21.6 percent between 2005 and 2019. See Teresa Romero, “Shadow economy as a percentage of the Gross Domestic Product (GDP) in Spain from 2005 to 2019,” Statista, https://www.statista.com/statistics/1220300/shadow-economy-as-percentage-of-gdp-spain/ (accessed February 28, 2022). For figures dating to the global financial crisis, see Roberto Ferdman, “ Spain’s Black Market is Worth 20% of its GDP,” The Atlantic, July 26, 2013, https://www.theatlantic.com/business/archive/2013/07/spains-black-market-economy-is-worth-20-of-its-gdp/277840/ (accessed February 28, 2022) and Àlex Ruiz, “Economia submergida: un llast excessivament óneros,” CaixaBank Anàlisi de Conjuntura, research briefing, August 30, 2013, https://www.caixabankresearch.com/ca/economia-i-mercats/analisi-conjuntura/economia-submergida-llast-excessivament-oneros (accessed February 28. 2022). However, the official tax authorities are reported immediately prior to the arrival of the Covid-19 pandemic in Spain to have had a lower estimate of the informal economy as part of the total gross domestic product, at 11.2 percent. See Marina Estévez Torreblanca, “La Agencia Tributaria enarbola un estudio que reduce al 11,2% del PIB el tamaño de la economía sumergida en España,” El Diario, February 6, 2020, https://www.eldiario.es/economia/agencia-tributaria-porcentaje-sumergida-pib_1_1145386.html (accessed February 28, 2022).
[87] “El 14% de los directivos reconoce cobrar ‘en B’ parte del sueldo,” El Periódico, August 11, 2021, https://www.elperiodico.com/es/conomía/20210811/14-directivos-reconoce-cobrar-b-11983624 (accessed February 28, 2022).
[88] Infojobs, “1 de cada 4 menores de 24 años ha recibido ingresos en B durante los últimos 3 años,” August 26, 2021, https://nosotros.infojobs.net/prensa/notas-prensa/1-de-cada-4-menores-de-24-anos-ha-recibido-ingresos-en-b-durante-los-ultimos-tres-anos (accessed February 28, 2022).
[89] Law 11/2021, of July 9, relating to measures to prevent and fight against financial fraud, transposing EU Council Directive 2016/1164, July 12, 2016, establishing new rules against tax avoidance practices affecting the working of the internal market, modifying various tax regulations and regulating gambling, Boletín Oficial del Estado, BOE-A-2021-11473, preamble section XV and art. 18.
[90] Human Rights Watch interview with Jessica Ferrer and three other participant-organizers of Somos Tribu VK’s San Diego neighborhood pantry, Puente de Vallecas, Madrid, October 20, 2021. Further in-person video interview with Ferrer, Puente de Vallecas, Madrid, January 28, 2022.
[91] For an assessment of the impact of ERTE support by income quintile, based on official national statistics and data held by the Institute for Regional and Metropolitan Studies at the Autonomous University of Barcelona, see Sebastià Sarasa et al, “La desigualdad y la pobreza en el primer año de pandemia,” table 4.
[92] The rates in the original 2020 legislation started from €5,538 per year for a single adult, which could then be multiplied by a factor of between 1.3 and 2.2 times the basic rate, depending on how many adults and/or children formed the household (or unit of cohabitation). The original 2020 rates can be found in Annex 1 to Royal Decree-Law 20/2020, of May 29, establishing Minimum Vital Income, Boletín Oficial del Estado, BOE-A-2020-5493, June 1, 2020, https://www.boe.es/buscar/act.php?id=BOE-A-2020-5493&p=20211221&tn=1#ai (accessed March 14, 2022).
[93] See PSOE & Unidas Podemos, “Coalición progresista: un nuevo acuerdo para España,” December 30, 2019, https://www.psoe.es/media-content/2019/12/30122019-Coalición-progresista.pdf (accessed March 15, 2022), paragraph 2.4.2.
[94] Koldo Casla, Spain and its Achilles’ Heels: The Strong Foundations of a Country’s Weaknesses(Lanham, MD: Rowman & Littlefield, 2021), 125-127, and Adrián Hernández, Fidel Picos and Sara Riscado, “Moving towards fairer regional minimum income schemes in Spain,” European Commission Joint Research Centre Working Papers on Taxation and Structural Reform, July 31, 2020, https://ideas.repec.org/p/ipt/taxref/202004.html (accessed March 16, 2022).
[95] Koldo Casla, “Spain’s new minimum income scheme: a victory and a historic failure,” OpenDemocracy, July 6, 2020, https://www.opendemocracy.net/en/can-europe-make-it/spains-new-minimum-income-scheme-a-victory-and-a-historic-failure/ (accessed February 16, 2022); and Casla, Spain and its Achilles’ Heels, Chapter 5.
[96] “UN expert urges Spain to expand coverage and eligibility for minimum income scheme,” OHCHR press release, June 3, 2020, https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=25921&LangID=E (accessed January 21, 2022).
[97] Casla, Spain and its Achilles’ Heels, p. 131.
[98] Informational note from the Secretary General of Inclusion and Social Prediction Policy and Objectives from the Ministry of Inclusion, Social Security and Migrations to Human Rights Watch, April 19. 2022. Given the very low levels of take-up of the autonomous communities’ own social assistance schemes—estimated at nine percent of those living below the poverty threshold—and significant variations in the level of such support, greater effort at the sharing of good practice between autonomous communities is likely to help address these gaps. See Asociación Estatal de Directores y Gerentes en Servicios Sociales, “Sólo el 9% de la población (795.861 personas) que vive bajo el umbral de la pobreza en España se beneficia de las rentas minimas de inserción (RMI), https://directoressociales.com/solo-el-9-de-la-poblacion795-861-personas-que-vive-bajo-el-umbral-de-la-pobreza-en-espana-se-beneficia-de-las-rentas-minimas-de-insercion/ (accessed June 13, 2022). The Catalan regional government explained in writing to Human Rights Watch that it was now using an automated information exchange, updated weekly, between the IMV and its regional social assistance database to improve the efficiency of payments, and that it was negotiating with the central government and the National Statistics Institute to share data to ensure that people receiving regional social assistance could also benefit from IMV. (Written briefing from the Office of the Counselor of the Department of Social Affairs in the Generalitat de Catalunya, Catalonia’s regional government to Human Rights Watch, June 1, 2022). The systematized sharing of good practice, such as this could improve the experience of people living in poverty in other autonomous communities.
[99] Eva Maldonado, “Tan solo el 6,4% de la población bajo el umbral de la pobreza en España se ha beneficiado del Ingreso Mínimo Vital,” Diario 16, March 31, 2021 (accessed January 21, 2022), https://diario16.com/tan-solo-el-64-de-la-poblacion-bajo-el-umbral-de-la-pobreza-en-espana-se-ha-beneficiado-del-ingreso-minimo-vital/.
[100] “Tan solo el 6,4% de la población bajo el umbral de la pobreza en España se ha beneficiado del Ingreso Mínimo Vital,” Diario 16, March 31, 2021, (accessed January 21, 2022), https://diario16.com/tan-solo-el-64-de-la-poblacion-bajo-el-umbral-de-la-pobreza-en-espana-se-ha-beneficiado-del-ingreso-minimo-vital/. A separate newspaper report in June 2021, a year into the program, showed that the IMV program had also been extremely limited in meeting its targets for numbers of households reached. For instance, the minister responsible for IMV tweeted that it had reached 725,000 people, while the official Social Security figures showed it had reached 300,000 households, against a target of 850,000 households or 2.3 million people. See Laura Olías and Ana Ordaz, “El ingreso mínimo vital solo llega a un tercio de los hogares previstos un año después,” El Diario, June 14, 2021, https://www.eldiario.es/economia/ingreso-minimo-vital-llega-tercio-hogares-previstos-ano-despues_1_8037127.html (accessed February 16, 2022).
[101] EFE, “Más de 1,5 millones de personas con pobreza severa en España no acceden al ingreso mínimo por fallos en su diseño,” 20minutos, June 2, 2021, https://www.20minutos.es/noticia/4715740/0/mas-de-1-5-millones-de-personas-con-pobreza-severa-en-espana-no-acceden-al-ingreso-minimo-por-fallos-en-su-diseno/ (accessed June 13, 2022).
[102] María Sosa Troya, “Solo uno de cada cinco hogares pobres que ha pedido el ingreso mínimo vital lo percibe,” El País, October 6, 2021, https://elpais.com/sociedad/2021-10-06/solo-uno-de-cada-cinco-hogares-pobres-que-ha-pedido-el-ingreso-minimo-vital-lo-percibe.html (accessed June 13, 2022).
[103] Miguel Ángel Gavilanes, “ Documentación errónea o incompleta y niveles de renta, los principales motivos de denegación del Ingreso Mínimo Vital,” Civio, February 7, 2022, https://civio.es/el-boe-nuestro-de-cada-dia/2022/02/07/documentacion-incompleta-y-niveles-de-renta-los-principales-motivos-de-denegacion-del-ingreso-minimo-vital/ (accessed March 15, 2022).
[104] Asociación Estatal de Directores y Gerentes en Servicios Sociales, “Sólo una de cada cuatro solicitudes del ingreso mínimo vital son aprobadas,” (Press briefing), April 11, 2022, https://directoressociales.com/wp-content/uploads/2022/04/NP.-IMV.-8.04.22-web.pdf (accessed June 13, 2022).
[105] Conrado Giménez, President of Fundación Madrina, cited in Miguel Ángel Gavilanes, “Documentación erronea o incompleta.”
[106] Miguel Ángel Gavilanes, “Documentación errónea o incompleta.” See also Law 39/2015, of October 1, Common Administrative Proceedings in Public Administrations, Boletín Oficial del Estado, BOE-A-2015-10565, October 2, 2015 (in force October 2, 2016), art. 28, https://www.boe.es/buscar/act.php?id=BOE-A-2015-10565 (accessed March 16, 2022).
[107] Miguel Ángel Gavilanes et al, “La administración pierde en el 42% de los juicios sobre el Ingreso Mínimo Vital,” Civio, December 16, 2021, https://civio.es/el-boe-nuestro-de-cada-dia/2021/12/16/la-administracion-pierde-en-el-42-percent-de-los-juicios-sobre-el-ingreso-minimo-vital/ (accessed March 16, 2022).
[108] Human Rights Watch interview with Pedro Luís Álvarez Malberty, Puente de Valllecas, Madrid, January 29, 2022.
[109] Human Rights Watch interview with Manuela (real name on file), Puente de Vallecas, Madrid, October 22, 2021.
[110] Blanca Cia, “Los usuarios claman contra el colapso en los trámites administrativos,” El País, October 3, 2020 (accessed January 21, 2022), https://elpais.com/espana/catalunya/2020-10-03/los-usuarios-claman-contra-el-colapso-en-los-tramites-administrativos.html; Berta F. Quintanilla, “Colapso en las oficinas de la Seguridad Social que retrasa el pago de la prestación de Ingreso Mínimo Vital,” Noticia Trabajo, April 18, 2021 (accessed January 21, 2022), https://www.noticiastrabajo.es/colapso-seguridad-social-cita-previa-ss-retrasos-pago-ingreso-minimo-vital/; Diana Fresneda, “’Hola, quería jubilarme’: el colapso de la Administración paraliza las pensiones,” RTVE, September 5, 2020 (accessed January 21, 2022), https://www.rtve.es/noticias/20200905/colapso-administracion-golpea-pensiones/2041024.shtml; B. Alquézar, “El colapso de la cita previa sigue en el SEPE y la Seguridad Social de Zaragoza y retrasa prestaciones como la jubilación,” Heraldo, October 2, 2020 (accessed January 21, 2020), https://www.heraldo.es/noticias/economia/2020/10/02/colapso-cita-previa-sepe-seguridad-social-zaragoza-retrasa-prestaciones-jubilacion-coronavirus-paro-1397948.html?autoref=true.
[111] La Moncloa, “El Congreso de los Diputados aprueba definitivamente la Ley del Ingreso Mínimo Vital,” press release, December 16, 2021, https://www.lamoncloa.gob.es/serviciosdeprensa/notasprensa/inclusion/Paginas/2021/161221-imv_congreso.aspx (accessed January 24, 2022).
[112] Informational note from the Secretary General of Inclusion and Social Prediction Policy and Objectives from the Ministry of Inclusion, Social Security and Migrations to Human Rights Watch, April 19, 2022.
[113] Graciela Malgesini Rey and Natalia Jimenez Laserna, ““El acceso al Ingreso Mínimo Vital por parte de los hogares monomarentales en situación de pobreza con necesidades sociosanitarias,” EAPN-ES, August 2021, https://www.eapn.es/ARCHIVO/documentos/documentos/1634720717_estudio-acceso-ingreso-minimo-vital-eapn-def.pdf (accessed February 16, 2022); EAPN-ES, “Cómo mejorar el acceso de los hogares monomarentales en pobreza severa al ingreso mínimo vital,” infographic, undated, https://www.eapn.es/ARCHIVO/documentos/documentos/1634898165_infografa_el-acceso-al-imv-por-parte-de-los-hogares-monomarentales_eapn.pdf (accessed February 16, 2022).
[114] La Moncloa, “El Congreso de los Diputados aprueba definitivamente la Ley del Ingreso Mínimo Vital”.
[115] Seguridad Social, “Ingreso Mínimo Vital,” undated, https://www.seg-social.es/wps/portal/wss/internet/Trabajadores/PrestacionesPensionesTrabajadores/65850d68-8d06-4645-bde7-05374ee42ac7?changeLanguage=es (accessed January 21, 2022).
[116] Instituto Nacional de Estadística, “Encuesta de condiciones de vida (ECV) Año 2020. Resultados definitivos,” page 3.
[117] Human Rights Watch acknowledges that the state in Spain, nationally, at autonomous communities, and city or provincial administrative level, offers other subsidies to households on low incomes, such as means-tested grants for education, school meals, and extracurricular expenses for children; prescription drug charges; transportation discounts for older people, single-parent households and large families. Even accounting for these—particularly given the severe shortage of social housing stock in Spain noted earlier—it is hard to see how the IMV can guarantee the right to an adequate standard of living.
[118] “La Moncloa, “El Congreso de los Diputados aprueba definitivamente la Ley del Ingreso Mínimo Vital”.
[119] For other recent work by Human Rights Watch on the right to food in the context of poverty, problems with the social security failures, and sudden shocks such as crises or price rises, and the relevant international standards, see Human Rights Watch, “Nothing Left in the Cupboards,” Chapter IV; “UK: No-Deal Brexit Risks Hunger for the Poorest,” October 16, 2019, https://www.hrw.org/news/2019/10/16/uk-no-deal-brexit-risks-hunger-poorest; and “UK: Children in England Going Hungry with Schools Shut,” May 27, 2020, https://www.hrw.org/news/2020/05/27/uk-children-england-going-hungry-schools-shut. For recent work by Human Rights Watch on the right to social security and social protection, in the context of the Covid-19 pandemic, see: Human Rights Watch and Justice & Empowerment Initiatives Nigeria, “’Between Hunger and the Virus’: The Impact of the Covid-19 Pandemic on People Living in Poverty in Lagos, Nigeria,” July 28, 2021, https://www.hrw.org/report/2021/07/28/between-hunger-and-virus/impact-covid-19-pandemic-people-living-poverty-lagos; Human Rights Watch, “Protecting Economic and Social Rights During and Post-Covid-19: Questions and Answers on Social and Economic Assistance,” June 29, 2020, https://www.hrw.org/news/2020/06/29/protecting-economic-and-social-rights-during-and-post-covid-19; and “United States: Pandemic Impact on People in Poverty,”March 2, 2021, https://www.hrw.org/news/2021/03/02/united-states-pandemic-impact-people-poverty.
[120] International Covenant on Economic, Social and Cultural Rights (ICESCR), adopted December 16, 1966, G.A. Res. 2200A (XXI), entered into force January 3, 1976, art. 9 (right to social security), 11(1) and 11(2). Spain became a party in 1977.
[121] See UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment No. 19, “The right to social security (art. 9),” Thirty-Ninth Session, 2007, UN Doc. E/C.12/GC/19, and on right to adequate food, see CESCR, General Comment No. 12, “The right to adequate food (art. 11),” Twentieth Session, 1999, UN Doc. E/C.12/1999/5.
[122] See OHCHR, “Emergency Measures and Covid-19: Guidance,”April 27, 2020, https://www.ohchr.org/sites/default/files/Documents/Events/EmergencyMeasures_COVID19.pdf (accessed February 20, 2022).
[123] See UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment No. 3, “The nature of states parties obligations (art. 2, para. 1), Fifth Session, 1990, paras. 10-12.
[124] CESCR, General Comment No. 3, “The nature of states parties obligations”, para. 12.
[125] CESCR, General Comment No. 12, “The Right to Adequate Food,” para 6 (emphases in original).
[126] CESCR, General Comment No. 12, “The Right to Adequate Food,” para 4.
[127] CESCR, General Comment No. 3, “The nature of states parties obligations”, para. 10.
[128] See for example UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment No. 20, “Non-discrimination in economic, social and cultural rights (art. 2, para. 2), Forty-second Session, 2009, UN Doc. E/C.12/GC/20, para. 30.
[129] Ibid..
[130] Convention on the Rights of the Child, adopted November 20, 1989, G.A. Res. 44/25, entered into force September 2, 1990, art. 27(3). Spain became a party in 1990.
[131] Convention on the Elimination of All Forms of Discrimination Against Women, adopted December 18, 1979, G.A. Res. 34/180, entered into force September 3, 1981, art. 12(2). Spain became a party in 1984.; Convention on the Rights of Persons with Disabilities, adopted December 13, 2006, G.A. Res. 61/106, entered into force May 3, 2008, art. 25(f) and 28(1). Spain became a party in 2007.
[132] CESCR, General Comment No. 19, “The Right to Social Security,” para. 59.
[133] CESCR, General Comment No. 19, “The Right to Social Security,” para 22, 59a.
[134] CESCR, General Comment No. 19, “The Right to Social Security,” para 32.
[135] CESCR, General Comment No. 19, “The Right to Social Security,” para 82(i).
[136] CESCR, General Comment No. 19, “The Right to Social Security,” para 38.
[137] CESCR, General Comment No. 19, “The Right to Social Security,” para 48.
[138] Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR), adopted December 10, 2008, G.A.Res. 63/117, entered into force May 5, 2013; and Instrument Ratifying the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, Boletín Oficial del Estado, BOE-A-2013-2081, February 25, 2013, https://www.boe.es/eli/es/ai/2008/12/10/(1) (accessed February 16, 2022). For the effect of OP-ICESCR jurisprudence in domestic law, see Koldo Casla, “Supreme Court of Spain: UN Treaty Body individual decisions are legally binding,” EJIL: Talk!, blog, August 1, 2018, https://www.ejiltalk.org/supreme-court-of-spain-un-treaty-body-individual-decisions-are-legally-binding/ (accessed February 18, 2022).
[139] European Social Charter, ETS No. 35, adopted October 18, 1961, entered into force February 26, 1965; European Social Charter (revised), ETS No. 163, adopted May 3, 1996, entered into force July 1, 1999; European Code of Social Security, ETS No. 48, adopted April 16, 1964, entered into force March 17, 1968; and Charter of Fundamental Rights of the European Union, proclaimed December 7, 2000, entered into force December 1, 2009, adapted and published in the Official Journal of the European Union, C326/391, October 26, 2012. Spain, much like all other signatory states to the European Social Charter, did not formally derogate (under art. 30 of the original 1961 Charter or art. F of the 1996 revised Charter) from its European social rights commitments during the Covid-19 pandemic. See European Committee of Social Rights, “Statement on Covid-19 and social rights,” adopted March 24, 2021, https://rm.coe.int/statement-of-the-ecsr-on-covid-19-and-social-rights/1680a230ca (accessed February 20, 2022).
[140] Council of the European Union, “The Porto Declaration,” May 8, 2021, https://www.consilium.europa.eu/en/press/press-releases/2021/05/08/the-porto-declaration/ (accessed February 16, 2022); and “España impulse en la Cumbre de Oporto una ambiciosa agenda social,” La Moncloa, official Spanish government declaration, May 7, 2021, https://www.lamoncloa.gob.es/presidente/actividades/Paginas/2021/070521-ue-cumbre-social.aspx (accessed February 16, 2022).
[141] Spain has accepted the European Code of Social Security, ETS No. 48 (ratified March 1994), but has to date not accepted either the European Code of Social Security, ETS No. 048A or the European Code of Social Security (Revised), ETS No. 13. See the Council of Europe’s simplified chart of signatures and ratifications tracker tool, https://www.coe.int/en/web/conventions/by-subject-matters?module=signatures-by-treaties&codeMatiere=24&numSTE=012%2C012A%2C013%2C013A%2C048%2C048A%2C078%2C078A%2C139%2C154 (accessed February 28, 2002).
[142] International Labour Organization, Social Security (Minimum Standards) Convention, 1952 (no. 102), adopted June 28, 1952,
[143] Protocol to the European Code of Social Security, ETS No. 048A, adopted April 16, 1964, entered into force March 17, 1968; and European Code of Social Security (Revised), ETS No. 139, adopted November 6, 1990, pending ratification.
[144] Constitution of Spain, December 29, 1978, Boletín Oficial del Estado, BOE-A-1978-31229 (last updated September 27, 2011), https://www.boe.es/buscar/act.php?id=BOE-A-1978-31229 (accessed February 16, 2022), art. 41 and 149.1.xvii on right to social security; art. 39.4 on children’s rights under international law; art. 50 on adequate pensions and sufficient financial means for older people.
[145] Constitution of Spain, art. 131(1), https://www.boe.es/buscar/act.php?id=BOE-A-1978-31229#a131 (accessed February 16, 2022).
[146] Observatorio del Derecho a la Alimentación en España, “El Derecho a la Alimentación en España: Desafíos y Propuestas,” Aportación ante la Cumbre Mundial Contra el Hambre y la Malnutrición dirigido a los Cortes Generales, September 2018, https://www.derechoalimentacion.org/sites/default/files/pdf-materiales/Derecho_alimentacion_desafios_propuestas_COMPLETO.pdf (accessed February 16, 2022); J. M. Medina and J. L. Vivero, “ Españoles sin derecho frente al hambre,” El País, April 4, 2017, https://elpais.com/elpais/2017/03/23/planeta_futuro/1490265354_465483.html (accessed February 16, 2022); Lola Hierro, “España está obligada a proteger el derecho a la alimentación,” (interview with Juan García y Cebolla, UN Food and Agriculture Organization), El País, October 31, 2018, https://elpais.com/elpais/2018/10/30/planeta_futuro/1540900656_826263.html (accessed February 16, 2022);; José María Medina Rey, “El derecho humano a la alimentación en España,” Chapter 1 of ed. Miguel Ángel Martín López et. al., Haciendo Realidad el Derecho a la Alimentación en España, (Seville: Ediciones Egregius, 2018); and Jordi Gascón and Xavier Montagut, Banco de Alimentos: ¿Combatir el Hambre con la Sobras?, p. 65-76.
[147] Cited in Lola Hierro, “España está obligada a proteger el derecho a la alimentación.”
[148] Mercè Darnell et. al., “Fràgils: L’alimentació com a dret de ciutadania,” Informes Caritas 05, Caritas of Barcelona Diocese, December 2016; “Día de la Alimentación: Por un acceso al derecho a la alimentación que dignifique a las personas y respete a su autonomía,” Caritas press release, 2.910, October 15, 2021, https://www.caritas.es/main-files/uploads/2021/10/15octubre21.pdf (accessed March 15, 2022); and Fernando Díaz and Miriam Feu, “Garantizar el derecho a la alimentación,” El Batec [Caritas of Barcelona Diocese’s magazine], No. 12, 2020/2021, p. 22-23.
[149] World Bank Group, Global Economic Prospects, June 2022, https://openknowledge.worldbank.org/bitstream/handle/10986/37224/9781464818431.pdf (accessed June 13, 2022).
Social Safety Net Inadequate to Meet Basic Needs of People in Poverty
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