May 2002

Vol.14, No. 4 (D)

 

I. SUMMARY

This shelter of cardboard and trash in the breakwater of the Ceuta port is home to a group of unaccompanied migrant boys who refused to stay at the San Antonio residential center after they were abused by staff and older boys living at the center. © 2001 Clarisa Bencomo/Human Rights Watch Supplementary Materials UN Body Criticizes Spain's Treatment of Unaccompanied Children   June 7, 2002 Spain and Morocco Abuse Child Migrants Press Release, May 7, 2002 Testimony More on Childrens Rights More on Spain More on Morocco What You Can Do Write to the Spanish National Government Write to the Moroccan Government Write to the local governments of Ceuta and Melilla Learn More about the Human Rights of Migrants What are unaccompanied children? Rights under International Law Rights under Spanish Law

Key Recommendations
Methods and Scope
International Standards
Terminology

The Reaction in Ceuta and Melilla
The Pressures on Children to Migrate
The Structure of the Spanish Government

Police Abuse During Apprehension
Failure to Protect Children from Abuse by Other Children
Abusive Disciplinary Practices
San Antonio's "Punishment Cell"
Physical Conditions in the Centers
Health Care
Education
Lack of Recreational Space and Leisure-time Activities
Clothing
Food
International Standards

V. Expulsion and legal residence

Legal Residence
Citizenship
The Violations of International and Spanish Law

Lack of Oversight and Clear Lines of Responsibility
Lack of Mechanisms for Lodging and Investigating Complaints
Right to be Heard
Police Impunity and Judicial Inaction

Abuse in Police Custody Upon Return to Morocco
Police Release of Children to the Streets
Failure to Protect Children Living Outside a Family Environment
Lack of Appropriate Facilities
International Standards for Protection and Care

To the Autonomous Cities of Ceuta and Melilla
Residential Centers
To the Spanish Central Government
Ministry of Interior
Ministry of Foreign Affairs
Ministry of Justice
Ministry of Labor and Social Affairs
Ministerio Fiscal
Ombudsman (Defensor del Pueblo)
Government Delegates (Delegados del Gobierno) in Ceuta and Melilla
Ministry of Education, Culture and Sports
Ministry of Health and Consumer Affairs
To the Government of Morocco
Ministry of Foreign Affairs
Ministry of Interior
Ministry of Justice
Ministry of Youth and Sports
To Donor Countries
To the United Nations
To the Council of Europe
To the European Union

APPENDIX A

Excerpts from Organic Law 4/2000, of January 11, Regarding the Rights and Freedoms of Foreign Nationals Living in Spain and Their Social Integration, as amended by Organic Law 8/2000, of December 22, Reforming Organic Law 4/2000

Excerpts from Royal Decree 864/2001, of July 20, Approving the Implementing Regulation for Organic Law 4/2000, of January 11, on the Rights and Liberties of Foreign Nationals in Spain and Their Social Integration, Reformed by Organic Law 8/2000, of December 22