National frameworks to address hate crime in Spain
This page provides information on the national frameworks to address hate crime in Spain. The information provided here should be viewed alongside data presented on Spain's hate crime report page.
Hate crime recording and data collection
The Statistical Crime System (SEC) is a unified system for collecting crime statistics. The system describes the rules and procedures on how to record statistical facts. All hate crimes are recorded, regardless of whether they are reported by the police or by the victim. Moreover, in addition to their criminal qualification or alleged violation of administrative rules, members of different law enforcement bodies must describe the criminal context when recording the crime, including "polarization indicators" pointing at a discriminatory motivation behind the criminal conduct. The presence of a discriminatory motivation leads to a distinct classification of the crime in the SEC.
Police must determine and mark one or more of the following bias motivations: racism/xenophobia; ideology; sexual orientation or gender identity; sex/gender discrimination; religious beliefs or practices; anti-Semitism; disability; aporhophobia (prejudice against economically disadvantaged people); anti-Roma; illness; and general discrimination. From 2025, Islamophobia will also be included as a bias motivation.
In the event that either a competent police officer, victim, or a third party perceives a crime as motivated by one of these biases, the crime will be (re)classified in the SEC accordingly.
Each police body has instructions and protocols on how to manage the statistical database and record events. These protocols were updated in 2023. Regulatory aspects and the description of the first steps of the police report were improved so that all the evidentiary elements are included to establish the motivation and nature of the facts, and define what can be considered a hate crime. The protocols set out the process of sending cases to the Prosecutor's Offices specialized in hate and discrimination crimes. The protocols also contain instructions on the appropriate treatment of victims, managing relations with the community and civil society organizations representing victim groups, and information about hate crimes committed through the internet and social networks, sports violence.
Each year, a comprehensive report on hate crime incidents is prepared and published on the website of the Ministry of the Interior.
Spain monitors administrative infractions and other types of hate incidents separately from potential hate crimes, as presented in Spain's Report on the evolution of hate crimes. Hate crime statistics are published online.
There is no unified registry at the Prosecutor's Office specifically for hate crime data. Hate crime cases are recorded in the same way as other crime types and then transferred to specialized hate crime prosecutors.
The Spanish Prosecutor's Office has a co-ordination unit that specializes in combating hate crime and discrimination, as well as a network of specialized prosecutors in each provincial prosecutor's office.
Provincial prosecutors in charge of processing and handling hate crime cases send their statistical data to the co-ordination unit, which collects and compiles them. The cases are then included in the Annual Report of the General Prosecutor's Office. Currently, work is underway to develop a unified computerized registration system for provincial prosecutors to directly record the data.
The Ministry of the Interior has conducted a hate crime victimization survey. The objective of the survey was to improve the protection and attention given to hate crime victims by the Security Forces and Bodies. The survey is prepared by the National Office to Fight Hate Crimes (ONDOD) of the Ministry of the Interior, in partnership with the University of Salamanca.
Hate crime victim support
Specialized hate crime victim support is provided as part of the general victim support system in Spain. The government has adopted a number of measures focused on the victims of hate crime.
The Ministry of the Interior has a dedicated protocol that regulates how law enforcement handles hate crime cases and sets out the specific rights of hate crime victims. There is also a dedicated National Office Against Hate Crimes (ONDOD), which is tasked with improving assistance to hate crime victims. Hate crime victim support is also a main pillar of the current Hate Crime Action Plan (2025-2028). The plan's first priority is to improve support for victims of hate crimes and raise awareness of the resources available to them within the police and security forces, as well as within other public and private institutions. This area of work, in turn, has three objectives: 1. to expand the support network for victims of hate crimes and strengthen their resilience; 2. to develop various types of tools that can be used to support victims of hate crimes; and 3. to establish or strengthen best practices that can improve the response to victims of hate crimes.
A total of 24 measures are planned to meet the objectives set out in the Hate Crime Action Plan. The measures include establishing communication channels to refer and assist hate crime victims (and also detainees/ suspects not in custody) with intellectual disabilities to specialist services; the development of a technological tool to assist law enforcement agencies in taking witness statements, thereby facilitating the detection of potential hate crimes; and drawing up a guide on police intervention and procedures for supporting Roma victims of hate crimes, taking into account the specific circumstances of this group. The website of the Ministry of Interior has a dedicated page on hate crimes and a contact email for the victims.
Support services are offered by the Offices for Assistance to Victims – a free public service provided in all Autonomous Communities that does not require victims to first submit a complaint. The Office offers information on the procedure for filing charges, the benefits of psychological assistance, and advice on social resources, and can also accompany victims to court, among other services. Some support to victims of hate crimes is provided by civil society organizations (CSOs), although the geographical reach of these services is limited.
There is an individual needs assessment (INA) procedure in place for law enforcement that includes examining a potential bias motivation. INAs are usually conducted just once, however. Police are required to provide information and guidelines to victims in simple, clear and accessible language. For victims with intellectual or developmental disabilities, a facilitator may be allowed to intervene to ensure the victim's access to justice on first contact with the police. The facilitator's functions include establishing contact with police officers and ensuring effective communication between the person with disabilities and the police and court teams.
Police refer victims to the Offices for Assistance to Victims depending on the seriousness of the crime or if requested by the victim. Police may also refer the victim to specialized hate crime victim support providers, although the process is not formalized and there are not many CSOs providing specialist support. There are, however, designated police officers that liaise with CSOs. While there are no police officers specializing in hate crimes, training courses on the subject are offered to all police officers. Specialized prosecutors are assigned to hate crime cases. Issues related to sensitive and respectful treatment of victims are included in the standards laid down by the hate crime protocol for law enforcement.
Special protection measures that can be granted to hate crime victims include the following: avoiding direct contact between victims and their family members and the perpetrator; protecting victims' privacy; allowing the victim to be accompanied by a person of their choice during proceedings; informing the victim about the perpetrator's release or escape; and recording statements. Victims are also eligible for free-of-charge interpretation services. Victims of hate crime have the same procedural rights as victims of all other crimes and can claim compensation.
Hate crime capacity building
The Civil Guard University Centre organizes the University Course in Hate Crime Investigation, held in a hybrid or blended learning format. The course follows quality standards set by the European Higher Education Area (EHEA) and is worth 18 European ECTS credits, corresponding to 450 hours of student work. Participants are Civil Guard Officers and representatives of organizations and institutions working on security and justice.
In 2016, the region of Valencia implemented ODIHR's Training Against Hate Crime for Law Enforcement (TAHCLE), while a national training was held in 2019. The National Police and Civil Guard receive regular training courses on related issues.
The General Council of the Judiciary and the General State Prosecutor's Office conduct initial and ongoing training programmes on discrimination and hate crimes for judges and prosecutors.
The Hate Crimes and Discrimination Unit of the Office of the Attorney General organizes an annual initial training programme for trainee public prosecutors, either through the Technical Secretariat of the Office of the Attorney General or the Centre for Legal Studies of the Ministry of Justice. This training programme comprises both theoretical and practical components, providing trainee public prosecutors with specific, assessable training on hate crimes and discrimination. Training topics include an introduction to the concept of hate crimes, basic concepts regarding hate crimes and issues affecting victims (in particular, under-reporting and under-detection), and guidelines for the effective investigation and prosecution of hate crimes.
The National Office for Combating Hate Crime (ONDOD) organizes an annual seminar on hate crimes aimed at officers from the National Police, the Civil Guard, regional police forces and local police forces. Each year the seminar focuses on a different theme and can be attended either in person or online.