Help Stop Spanish and Moroccan Abuses of Unaccompanied Migrant Children
What Spanish laws protect unaccompanied migrant children?
The most important protections for unaccompanied migrant children in Spain are contained in Organic Law 4/2000, Regarding the Rights and Freedoms of Foreign Nationals Living in Spain and Their Social Integration, amended in December 2000 by Organic Law 8/2000; Royal Decree 864/2001, approving implementing regulations for the amended Law 4/2000; and Organic Law 1/1996, Regarding the Legal Protection of Minors. These protections include:
The Right to Education
Article 9(1) of Organic Law 4/2000, as amended, states “All foreign nationals under eighteen years of age have the right and obligation to receive an education under the same conditions as Spanish citizens. This right includes access to basic, free and obligatory education, to the obtainment of the corresponding academic qualifications and to the public system of grants and aid.” Similar provisions guaranteeing foreigners the right to education exist in article 10 of Organic Law 1/1996, and article 1(3) of Organic Law 8/1985 (Regulating the Right to Education). Article 5 of Organic Law 1/1990 (General Organization of the Educational System) defines basic education as consisting of ten years of schooling beginning at age six and extending through age sixteen.
The Right to Health Care
Article 12(3) of Organic Law 4/2000 states, “Foreign nationals in Spain who are younger than eighteen years of age shall have the right to health care in the same conditions as Spaniards.” Article 10 of Organic Law 1/1996 guarantees foreign children the right to health care and other public services.
Care and Residency
Article 35 of Organic Law 4/2000, as amended, requires unaccompanied migrant children to be placed “in the care of the competent services for the protection of minors,” and considers the residency status of such minors to be considered regular “for all purposes.” If a child cannot be reunited with family members or placed with social service agencies in his or her country of origin within nine months, the child “shall be granted a residence permit, the validity of which shall be retroactive to the moment in which the minor was placed in the care of child protective services.” This temporary residence permit expires when the child reaches the age of eighteen. At that point, the youth may be eligible to apply for permanent residence based on his or her length of time in the country, or the youth may be able to receive an extension of temporary residence on humanitarian grounds. The requirements for permanent residence are detailed in Royal Decree 864/2001, articles 42, 41(3)(c), 41(2)(d), and 41(3)(b).
Citizenship
Article 22(2)(c) of the Civil Code allows children who are fourteen years of age or older and who had been under the guardianship of a Spanish institution for at least two years to apply for nationality.
The Right to be Heard
Article 9(1) of Organic Law 1/1996 guarantees children the right to be heard in administrative or judicial proceedings in which they are directly involved and which result in a decision affecting their personal, family, or social sphere.
