CHILDHOOD AND MIGRATION ORGANISATIONS AND PROFESSIONALS PROPOSE A MODIFICATION OF THE REGULATION ON FOREIGNERS TO GUARANTEE THE RIGHT TO DOCUMENTATION FOR CHILDREN ARRIVING ALONE IN SPAIN.
These proposals, made within the framework of the public consultation process opened by the Ministry of Inclusion, Social Security and Migration at the beginning of February, have the sole purpose of facilitating the transition to adult life for all children.
The proposal for modification put forward by professionals and expert bodies aims to guarantee the full and effective integration of these children and young people into Spanish society, in accordance with national and international legislation that guarantees the protection of human rights, and in particular, children’s rights.
The document presented focuses on the articles relating to the identification, documentation, processing and renewal of residence and work authorisations for children and adolescents who have arrived alone in Spain and who have been under the care and/or guardianship of the public protection entities of the Cities and Autonomous Communities. In line with the Ombudsman’s recommendations already accepted by the Ministry, the need for an exhaustive modification of Articles 196, 197 and 198 is proposed, and, going a step further, modifications to Articles 148, 190 and 211 of the same regulatory text are proposed.
In addition, several Transitional Provisions are included for the retroactive application of the Regulation, with the aim of documenting all young people who, although they were minors from 1 January 2018 to the present day, did not have access to their documentation despite being entitled to it, which places them in a situation of social exclusion.
The current regulation multiplies administrative procedures, dilutes responsibilities between the different administrations and does not provide agile and effective responses to the real needs of these children. The lack of automatic work authorisation for young migrants of working age, the demands on the business sector and young people for the processing of their work authorisation and subsequent hiring, the validity of only one year for the residence cards of minors under guardianship and the obstacles to their renewal, the difficulties in obtaining registration cards and the disparity of criteria at provincial level for their processing, and the non-recognition of the validity of children’s identity documents issued by the authorities in their countries of origin, are some of the issues that have left children and young people in a state of absolute defencelessness.
Aldeas Infantiles SOS, Alucinos la Salle, Asociación Española de Abogados Extranjeristas, Asociación Noves Vies, Asociación Pro Derechos de la Infancia (Prodein), Asociación Progestión, Cáritas, Col.lectiu Hourria, Comisión Española de Ayuda al Refugiado (CEAR), Comisión de Ayuda al Refugiado (CEAR) – Euskadi, Coordinadora de Barrios, Coordinadora Estatal de Plataformas Sociales Salesianas (CEPSS), Coordinadora Obrim Fronteres, Cruz Roja Juventud, Federación Andalucía Acoge, Federación Estatal de SOS Racismo, Fundación Raíces, La Merced Migraciones, Plataforma de Infancia, Pueblos Unidos – Servicio Jesuita a Migrantes, Save the Children, UNICEF España, Voluntarios por otro Mundo Wasata Sans Frontières