Spain Immigrant and undocumented children in Spain: legal limbo and misinformation

July 17, 2010

Comment: The online version of the free Spanish newspaper “20minutos” published an article, recounting the well-known phenomenon of North African children immigrating to Spain through illegal channels.

The author points out not only the absence of official figures of the scope of the phenomenon in Spain but also the lack of transparency of the child protection procedures put in place when undocumented and illegal north African children reach the Spanish coasts.

The phenomenon however is indeed increasing as revealed by the recent arrival of a boat manned exclusively by young Moroccan children on the Spanish coast, all boys, showing signs of a well organized migration scheme, led by children themselves.

The article points out the tendency of Spanish authorities, including guardians (whose role are, based on international standards, to act in the best interests of the child in all circumstances), to conceal information from the immigrant children on the rights of individuals to claim citizenship following a two years period of residency on Spanish territory. They want to prevent them from exercising their right once they reach the age of 18. To support this argument the article mentions that 85 % of irregular immigrant children in Melilla are deported to their country of origin upon reaching majority.

If confirmed, this lack of transparency would amount to several violations of children’s rights, ranging from their basic right to information, to access to justice and right to protection.

As noted in the paper, efforts of the Spanish government that are put, both financially and in terms of human resources, to offer children support, integration and educational opportunities appear inconsistent with the “mainstreamed” deportation policy that apply to children turning 18.

The repatriation agreement signed between Spain and the Kingdom of Morocco, which provides for child protection guarantees, acknowledged by civil society as positive, is however undermined by the “inertia and lack of protection” of institutions responsible for these children.

To read the article in Spanish, click here.

Comments: Pierre Cazenave, Regional Child Rights Officer, Regional Office of Terre des hommes – Child Relief for Central and South East Europe.