Spain’s Supreme Court rejects the government’s child migrant deportations

Spanish authorities have been reprimanded by the Supreme Court for sending hundreds of unaccompanied children back to Morocco from the Spanish enclave of Ceuta in May 2021. The court ruled that the authorities acted illegally and violated the rights of the minors by not providing them with an individual administrative procedure before potential deportation.

In 2021, over 10,000 migrants crossed over from Moroccan territory to Spanish territory, with hundreds of unaccompanied children among those sent back. Moroccan border guards observed the situation without intervening. The court emphasized that the collective expulsion of internationals prohibited by the European Convention on Human Rights put the minors at serious risk of physical or mental suffering.

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Despite the Ministry of the Interior of Spain defending the returns by claiming that the children wanted to go home, the Supreme Court disagreed and emphasized that Spanish law should take precedence over any agreements with Morocco. They stated that sending back a large number of people went against the European Convention on Human Rights.

Following the mass crossings, the number of irregular crossings into Ceuta and Melilla has significantly reduced. According to the UN Refugee Agency (UNHCR), only a few migrants have crossed into these enclaves at the beginning of the year, compared to the thousands who reached the Spanish Canary Islands by boat. The Atlantic route to the Canary Islands has been identified as the deadliest route for migrants attempting to reach Spain.

Overall, the issue of irregular migration into Spain has remained a challenge, with thousands of migrants arriving last year and a significant number dying in the attempt to reach the country. As the situation continues to evolve, it is important for Spanish authorities to uphold the rights of migrants and ensure that international conventions are respected in the treatment of vulnerable groups.