YOU DON’T HAVE PAPERS
BUT YOU DO HAVE RIGHTS
If you’ve been the victim of a crime, you can file a report to defend your rights, even if you’re in an irregular situation. Here’s how to do it without fear of being penalised or deported.
1. Right to register at an address
What is it?
Everyone living within a municipality has the right and obligation to register, irrespective of their immigration status and whether they have a residence or not.
The “padrón” certificate is a necessary requirement for getting a healthcare card and for being able to access the public education system.
Furthermore, the date of the “padrón” certificate will certify your stay in Spain when you complete the administrative regularisation processes.
Where do I go?
In Barcelona, registration is processed through the City Council’s Citizen Help and Information Offices (OAC).
Am I at risk of being deported?
No. The Citizen Help and Information Offices do not notify the national police, who are responsible for dealing with migrants, about the immigration status of the people who are registered on the padrón. This means that you can go to your closest OAC to apply for the “padrón” certificate without fear of legal proceedings being brought against you.
2. Right to education
What is it?
Children of compulsory school age, from 6 to 16 years old, have the right and the obligation to enrol at an educational institution. Once the padrón certificate has been obtained, access to the public education system is available regardless of the immigration status of the minor or their parents.
Where do I go?
To gain access to the public education system, you must go to the Barcelona Education Consortium (Consorci d’Eduació de Barcelona).
Am I at risk of being deported?
No. The education system does not notify the national police, who are responsible for migrants, about the immigration status of people who enrol at its institutions. This means that you can complete these processes without fear of legal proceedings being brought against you.
3. Right to health
What is it?
Anyone who is registered in the city of Barcelona can apply for an Individual Healthcare Card, which guarantees access to public healthcare free of charge.
If you have been registered for less than 3 months, you still have access to healthcare services, but some coverage will be restricted during this period.
If you don’t have a “padrón” certificate or an Individual Healthcare Card, the public healthcare services will still treat you but you will be sent an invoice to charge you for the cost of the service, as is the case for anyone visiting the city as a tourist.
Where do I go?
You can apply for your Individual Healthcare Card at the Primary Care Centre (CAP) that corresponds to the address where you are registered.
Check which Primary Care Centre in Barcelona applies to you based on your “padrón”.
Am I at risk of being deported?
No. The healthcare system does not notify the national police, who are responsible for migrants, about the immigration status of the people who are treated in their centres. This means that you can go to the CAP or the hospital without fear of legal proceedings being brought against you.
4. Employment rights
What are they?
Even if you are in an irregular administrative situation, you are entitled to employment rights which your employers are obliged to guarantee:
- Minimum wage
- Maximum 40-hour working week
- Paid holidays and rest periods
- Compensation in the event of unfair dismissal
- The right to join a trade union
- If you start your job while in an irregular situation, you cannot be dismissed for this reason once you have begun working.
Where do I go?
In the event that any of these rights are violated in the workplace, you can file a complaint either through the judicial system (in court) or the administrative system (via the Labour Inspectorate).
Be aware that in the event that the Labour Inspectorate confirms the offence and sanctions the company, you could benefit from an exceptional residence and work permit.
This also applies to individuals with a residence permit but not a work permit. If you wish to file a report, you can contact the Barcelona City Council’s Barcelona Cuida or a trade union.
Am I at risk of being deported?
No. The labour courts and the Labour Inspectorate do not notify the national police, who are responsible for migrants, of the immigration status of the people they deal with. This means that you can file a report with these bodies without fear of legal proceedings being brought against you.
5. Right to liberty and physical and psychological integrity
What is it?
Everyone, irrespective of their immigration status, has the inalienable right to liberty and to physical and psychological integrity. You have the right not to be subjected to arbitrary detention; cruel, inhumane or degrading treatment; or any other offence under the Criminal Code.
Where do I go?
If you are the victim of a crime against your physical or psychological integrity, we recommend contacting an NGO, such as the ones detailed on this list of resources, so that you can report it without fear of penalties or deportation.
Particularly serious cases:
1) Victims of trafficking, gender-based violence or sexual assault
In particularly serious cases, such as those involving gender-based violence or sexual assault, Immigration Law guarantees your protection from the moment you file a report, even if you already have an investigation file in progress.
Where can I go without fear of deportation?
In cases involving gender-based violence and victims of sexual assault, the law guarantees that no deportation proceedings will be initiated. You can safely file a complaint at a Mossos d’Esquadra police station. We also recommend consulting the Barcelona City Council’s SARA services, or contacting an NGO that specialises in gender-based violence, such as the ones on this list of resources. Remember that you have the right to a public defender through the free legal aid service.
2) Victims of human trafficking
In particularly serious cases, such as the trade and exploitation of people for the purposes of slavery or labour exploitation, sexual exploitation or organ removal, Immigration Law guarantees the protection of victims from the moment the report is filed, even if they already have an investigation file in progress.
Where can I go without fear of deportation?
If you are being held against your will or you know someone who is, you can safely visit a Mossos d’Esquadra police station. You can also contact an NGO that specialises in gender-based violence, such as the ones on this list of resources. Remember that you have the right to a public defender through the free legal aid service. Barcelona City Council has a specialist anti-trafficking service (UTEH).
6. The right to non-discrimination
What is it?
Everyone, irrespective of their immigration status, has the right to be free from discrimination. This includes discrimination based on race, colour, gender, religion or ethnic origin, among others.
Where do I go?
If you’ve been insulted, abused, offended or denied access to a resource because you are a migrant, you can go to the Barcelona City Council’s Office for Non-Discrimination (OND) to get legal and psychological help. You can also contact an NGO that specialises in gender-based violence, such as the ones on this list of resources. Remember that you have the right to a public defender through the free legal aid service.
Am I at risk of deportation?
No. The OND does not report to the national police, who are responsible for migrants, on the immigration status of the people they assist. This means that you can go to the OND to discuss your case without fear of legal proceedings being brought against you.
7. Right to enforce compliance with contracts
What is it?
Even if you’re in an irregular situation, you are still entitled to the right to enforce compliance with contracts that you have entered into with other parties. This means that employment, rental or other civil or commercial agreements must be respected, even if they are verbal.
Where do I go?
If the other party does not wish to honour a contract that you have agreed upon, even verbally, you can contact an NGO such as the ones that appear on this list of resources. If such non-compliance relates to a rental contract for housing, you can contact the Barcelona City Council’s Housing Offices or groups such as the Sindicat de llogueteres.
Am I at risk of being deported?
The organisations we recommend in the list of resources will not notify the national police, who are responsible for migrants, about the immigration status of the people they deal with. This means that you can approach them to discuss your case without fear of legal proceedings being brought against you.
8. Right to a public defender
What is it?
Everyone, irrespective of their immigration status, has the right to legal aid. This includes the possibility of having a public defender to defend your interests before the administrative or judicial authorities. This right helps to guarantee a fair and legal process and is essential for protecting your rights even if you are in an irregular situation, especially with regard to employment or housing, or in complex situations such as deportation proceedings.
Where do I go?
If you need access to justice, the best course of action is to seek specific legal advice, since the legal framework may change over time. In the city of Barcelona there are specialist organisations that you can contact to discuss your case and seek advice without fear of legal proceedings being brought against you.
To apply for assistance from a public defender you should go to the Ciutat de la Justícia, which has a specific office where you can request one. You can also contact Barcelona City Council’s Legal Advice Service (SOJ) for help with your application and for free advice on various issues related to legal aid.
Am I at risk of deportation?
No. You can go to the Ciutat de la Justícia or the SOJ without fear of penalties or deportation. Your public defender is there to defend your rights before the courts.
