A new report from the European Commission against Racism and Intolerance (ECRI) calls on Andorra to adopt a national programme to combat racism and LGBTI-phobia. As a matter of priority, Andorra should also grant the right to vote and to stand for local elections to non-nationals residing in the country, in accordance with the principles laid down in the Council of Europe Convention on the Participation of Foreigners in Public Life at Local Level.
Since ECRI’s previous report in 2016, Andorra has made progress in several fields. The Law on the Rights of Children and Adolescents, amended in 2019, protects children and adolescents against discrimination on grounds of sexual orientation and gender identity. The National Plan for Children and Adolescents was presented in October 2022, and an anti-bullying plan is being implemented in schools. School curricula include educational projects aimed at promoting human rights, non-discrimination, and respect for diversity.
There is a relatively high level of respect for LGBTI persons in the country. Same-sex couples have been treated on the same footing as different-sex couples regarding access to civil marriage since January 2023. For transgender people, the costs of gender-affirming healthcare have been fully covered by the public health system since 2022. Andorran legislation also allows transgender people to change their gender on official documents without undergoing medical treatment.
However, despite the progress achieved, some issues continue to raise concerns. While welcoming that the mandate of the Radonador del Ciutadà (Ombudsperson) was extended in 2017 to deal with complaints of racial discrimination, ECRI underlines the need to strengthen this institution’s powers and ensure that it is provided with the budget and staff necessary for the full performance of its functions.
Concerning transgender people, ECRI regrets that a psychiatric diagnosis is still required to access gender-affirming healthcare. It also finds problematic the compulsory two-year waiting period and the judicial procedure for name changes and legal gender recognition. ECRI, therefore, recommends strengthening the legislation on legal gender recognition, while opting for a quick and transparent administrative procedure.
Hate speech is not widely spread in Andorra, although online hate speech against migrants, Muslims and LGBTI people has been noted on several occasions. ECRI recommends the authorities step up their efforts to combat online hate speech, ensure that racist and LGBTI-phobic motivations are fully considered in investigations and judicial proceedings, and they set up a comprehensive data collection system for racist and LGBTI-phobic hate speech and hate crime.
The report notes that Latin American workers in the construction sector have been particularly confronted with abusive practices. ECRI calls on the authorities to provide the labour inspectorate with adequate resources to effectively prevent and eliminate all forms of racism and racial discrimination in employment, particularly in the tourism, construction, and public works sectors.
ECRI country monitoring in Andorra
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The European Commission against Racism and Intolerance (ECRI) is a unique human rights monitoring body which specialises in questions relating to the fight against racism, discrimination (on grounds of “race”, ethnic/national origin, colour, citizenship, religion, language, sexual orientation, gender identity and sex characteristics), xenophobia, antisemitism, and intolerance in Europe; it prepares reports and issues recommendations to member States.