In a statement by over one hundred associations, provisions of international and European treaties, as well as Spanish legislation concerning unaccompanied minor migrants illegally entering Spain without adult accompaniment, were emphasized. The associations insist on compliance with this legislation, which is based on the principle of the 'best interests of the child.'
The organizations highlight that Spanish law provides mechanisms for emergency migration situations, such as the one observed in Ceuta. These mechanisms include a system for distributing unaccompanied minors among different autonomous regions when the reception services of one region are overloaded.
The law stipulates that such distribution to other regions of Spain must occur within a maximum period of 15 days. A statement from 110 feminist associations from across Spain stated: 'This is an existing legal framework that all administrations must comply with. Therefore, we condemn the position of those autonomous communities that have publicly announced their refusal to accept children to whom they belong.'
According to Spanish authorities, there are over 2000 unaccompanied foreign minors in Ceuta after they illegally entered the city. This occurred as part of a wave of more than 70,000 people crossing the border from Morocco in 24 hours on July 30 and 31.
Spain carries out the repatriation of foreign minors arriving in the country alone only after an individual analysis of each case, in accordance with international conventions on the rights of children and adolescents. Spanish legislation allows for the repatriation of these children, but its application requires a number of guarantees based on the principle of the child's 'best interests.'
The latest official statistics show that in practice, the repatriation of minors who arrived or are in Spain alone is a rare occurrence: eight cases in 2024 and one in 2023.
No unaccompanied child can be automatically transferred to another country immediately after crossing the border into Spain. This was confirmed by the Supreme Court of Spain following the immediate and collective deportation of children and adolescents to Morocco who entered Ceuta in 2021 during a previous mass invasion of the enclave, when 10,000 people crossed the border.
After arriving in Spain and having their minority status confirmed, children and youth undergo an individual analysis, and their rights and interests must be ensured, even if there are bilateral agreements with other countries regarding repatriation. These agreements are intended to guarantee that the children will be handed over to their families.
Nevertheless, Spanish legislation requires that the child themselves be heard and express their desire to return. The child should only return to the family provided there is a guarantee that this situation is better for their rights and interests, which, for example, includes reports on the socio-economic conditions of the family to which they are returning.
Unaccompanied minors are under the care of the regional governments of the territories where they arrive in Spain. When the reception capacity in a region is exceeded—as constantly happens in Ceuta, Melilla, and the Canary Islands—Spanish law provides for sending children and adolescents to other parts of Spain, to centers under the care of other autonomous governments.
Due to a blockage on this issue concerning children in the Canary Islands, a legislative change was made in 2024 that made the distribution of unaccompanied children automatic and mandatory.
Despite the People's Party (PP, right-wing) opposing this legislative amendment, the autonomous regions governed by this party agreed to accept foreign minors, leading to the end of all coalitions with Vox, the far-right party, which had left all executive bodies in which it participated. Vox returned to four regional governments this year after a series of autonomous elections and expressed disagreement with the acceptance of minors who entered Ceuta. The PP assured that it would comply with the law, and the children would be accepted in the regions it governs.
