SANTA CRUZ DE TENERIFE, 20 Sep. (EUROPA PRESS TELEVISION) –
The High Court of Justice of the Canary Islands (TSJC) has decided to pause the protocol for the care of unaccompanied migrant minors in the Canary Islands, following the request for precautionary measures made by the High Prosecutor’s Office of the Canary Islands due to breaches of rights.
The judgement from the First Section of the Administrative Litigation Court, which was released on Friday, grants the regional government three days to “respond as it sees fit” and acknowledges that “there are circumstances of particular urgency” to substantiate the Prosecutor’s Office’s request.
The Court clarifies in its reasoning that “now is not the time” to assess the legality of the protocol developed by the General Directorate for the Protection of Children and Families, but rather to ascertain whether there is “special urgency” necessitating suspension.
In this context, it asserts that “the provisions incorporated into the Territorial Protocol do not comprise an explicit clause aimed at determining when the effectiveness – or enforcement – of the actions stipulated will commence, thereby indicating that, in the absence of a provision of that nature, nothing appears to hinder the assertion of the immediate enforceability of such actions, namely, from the very moment of the official publication of the Protocol.”
The TSJC argues that the new protocol introduces a “significant change” in the current legal framework and while the regional government defends it as being in the best interest of minors, it is “difficult to deny” that the new criteria may hinder the transfer of minors to regional authorities.
This includes prior notification concerning the availability of accommodation spaces; establishing the location for delivery and reception along with the involvement of public officials; ensuring individual documentation of the minor upon reception or verification of the unaccompanied minor’s documentation and identity for reception.
“SIGNIFICANT CHANGE” IN THE REGULATORY LANDSCAPE
Consequently, the ruling indicates that this “significant alteration” to the existing regulatory framework “advises” the continuation of the previously employed system.
“We must not overlook the ramifications that the application of the Protocol could have on a group as particularly sensitive and vulnerable as minors, to whom the actions it encompasses are directed,” the Court emphasised.
Thus, it is deemed prudent to implement a “principle of basic caution” while advocating for “the pursuit of collaborative spaces that promote coordinated actions within an atmosphere of loyalty and institutional cooperation, which appears essential to addressing the issue of irregular immigration and its distinct effects on the Autonomous Community of the Canary Islands.”
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