Concern Raised Over Canary Islands Protocol for Migrant Minors: Potential Violations of Child Rights
The Ministry of Youth and Childhood in Spain has raised serious concerns regarding a newly approved protocol by the Canary Government, which addresses the reception of migrant minors. This report has been submitted to the Prosecutors Office, highlighting potential violations of the fundamental rights that protect children in Spain.
According to sources from the Ministry led by Sira Rego, the protocol may jeopardize the rights of vulnerable children and adolescents, particularly those in situations of neglect. The Ministry has emphasized that the protection of minors falls under the exclusive jurisdiction of autonomous communities, as delineated in both legislation and the Statute of Autonomy of the Canary Islands.
The report contends that the newly implemented guidance breaches Article 394 of the Spanish Constitution, which mandates that children should benefit from protections established by international agreements concerning their rights. This includes adherence to the best interests of the child as recognized in the Convention on the Rights of the Child (CRC) and other relevant organic legislation.
A point of contention outlined in the report is that the Canary protocol restricts the protective scope afforded to minors, infringing upon the rights guaranteed by the CRC. This limitation not only undermines the existing rights of minors but also presents an inadequate response to ensuring their overall wellbeing. Reports indicate that rather than enhancing child protection, the actions of the Autonomous Community may significantly diminish the effectiveness of the rights that minors possess.
The Ministry's report further asserts that the protocol contradicts the Statute of Autonomy of the Canary Islands by failing to execute the exclusive authority over child protection matters. This concern was accentuated following the official publication of the protocol in the Official Bulletin of the Canary Islands, which aims to address existing chaos in processing unaccompanied migrant minors arriving on the islands.
The protocol includes measures such as creating a prior identification report and registering minors in the Registry of Unaccompanied Foreign Minors (RMENA), in addition to ensuring that administrative resolutions regarding placements are handled by the appropriate authorities. The process involves hearings with minors, facilitated by interpreters proficient in their native language or a language they comprehend, while keeping the prosecutors informed of the proceedings.
María Farnés Martínez Frigola, the Chief Prosecutor of the Canary Islands, indicated her intention to investigate possible crimes of abandonment should the Canary Government fail to adequately support the children and young individuals arriving by sea to the archipelago.
The tension between the Ministry of Youth and Childhood and the Canary Government highlights a critical dialog on the obligations of authorities towards vulnerable migrant children and the imperative of upholding their rights against any bureaucratic challenges. Ensuring the welfare of these minors remains a cornerstone concern, as advocates urge for immediate actions to rectify outlined discrepancies within the newly established protocol.
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