Freedom of Association Limited to So-Called Non-Discriminatory Activities

Country: Spain

Date of incident: May 21, 2013


The law states that “the public authorities shall not provide any assistance to associations in the case where the admission process or its operations discriminate on grounds of birth, race, sex, religion, opinion or any other condition or personal or social circumstance.”

The Royal Decree 1497/2003 establishes the Regulation of the National Registry Associations. This Registry is supervised by the Spanish Ministry of the Interior and
includes national associations and those listed in the same registers of the regions (Comunidades Autónomas). Organic Law 1/2002 implements the fundamental right of association, enshrined in Article 22 of the Constitution. Article 2.5 of the Act specifies that “the internal organization and operation of partnerships should be democratic, with full respect to pluralism.” Article 4.2 states that “the Administration may take preventive measures or precedent to interfere in the internal life of associations.“ In Article 4.5 states that “the public authorities shall not provide any assistance to associations in the case where the admission process or its operations discriminate on grounds of birth, race, sex, religion, opinion or any other condition or personal or social circumstance.” Source and further information: The Observatory's Report 2012 on Legal Restrictions Effecting Christians in Europe