SANTA CRUZ DE TENERIFE, 12 Sep. (EUROPA PRESS) –
The Spanish Network for Immigration and Refugee Assistance has lodged a special appeal with the High Court of Justice of the Canary Islands (TSJC) pertaining to a breach of fundamental rights concerning migrant minors. This appeal challenges the decision made by the Governing Council of the Canary Islands to halt the reception process and delegate it to the State.
The organisation, represented by its general secretary Rafael Escudero, argues that this decision has resulted in “a blockade that seeks not to protect these individuals but to exploit them as part of a hybrid conflict against the State, overlooking the Spanish legal framework which dictates, akin to the Canary Islands, that the authority concerning childhood matters rests solely and automatically with the autonomous communities.”
The Network, which supports relocation efforts and initiatives not only in the Canary Islands but also in Ceuta, Melilla, the Balearic Islands, and other regions experiencing migratory pressures along the coasts of the rest of the State, highlighted in a statement that the Canarian Government’s decision could “potentially leave hundreds of minors without being transferred into the care of those responsible for education, childhood, social services, health, and other areas critical to their best interests.”
In this context, it is outlined that the selection of “which minors will and will not receive welcome in the Canary Islands is discriminatory, as there is no regulatory framework providing insight into the criteria and elements guiding the decision. This results in a hierarchy among migrant minors, categorising some as first-class citizens—those accepted—and others as second-class citizens—those expelled—who will be excluded from essential integration processes, to which they are entitled according to the Canary Islands Statute of Autonomy, the Spanish Constitution, and international treaties.”
The Network contends that “the president of the Canary Islands –Fernando Clavijo– and his advisor –Candelaria Delgado– are rapidly transitioning from illegality to malpractice, a situation we refuse to tolerate.”
He asserts that “the Canary Islands face a significant challenge in accommodating minors, and the other communities, along with the State itself, must address it. However, no authority of the State, especially not a community, may act unilaterally, using children as pawns in a political manoeuvre to exert pressure on others.”
In his view, “the rights of minors and their best interests should be safeguarded without resorting to administrative obstructionism.”
The Network has urged the TSJC to suspend the agreement and, alternatively, to implement measures in coordination with the Canary Islands Juvenile Prosecutor’s Office to ensure that the children are placed under immediate guardianship, safeguarding the state security forces from any undue pressure, as experienced previously.