Unwelcome Responsibilities

Spain’s Failure to Protect the Rights of Unaccompanied Migrant Children in the Canary Islands

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Map of the Canary Islands

Location of the Canary Islands

I. Summary

Key Recommendations

II. Methodology and Scope

1. Methodological Challenges

2. International Standards

3. Terminology

III. Context

1. The Phenomenon of Unaccompanied Migrant Children in Spain and the Canary Islands

2. Types of Residential Centers

3. Statistics and Figures

4. Authority and Responsibility at the Spanish National and Canary Islands levels

IV. Arrival

1. Detention upon Arrival

2. Age Determination

3. Assumption of Guardianship

4. Placements in Care

V. Legal Status

1. Residency Rights

2. Work Permit

3. Access to Asylum

VI. Situation at La Esperanza and Arinaga Emergency Centers

1. La Esperanza Center

2. Arinaga Center

3. Violence in Other Centers

4. Undue Restriction of Freedom of Movement

5. International Legal Standards on Protection of Children from Ill-treatment

VII. The Right to Education and the Right to Health

1. The Right to Education

2. The Right to Health

VIII. Absence of Effective Mechanisms to Guarantee Rights

1. Absence of Effective Oversight

2. Flawed Guardianship Structure

3. Lack of Access to Legal Representation

4. Failure by the Central Government to Guarantee Children’s Rights

5. The Push for Repatriation

IX. Detailed Recommendations

Acknowledgements

 

July 2007   Volume 19, No. 4(D)