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Monday, Mar 31, 2025

Spanish Supreme Court Orders Government to Assume Responsibility for Unaccompanied Migrant Minors in Canary Islands

Spanish Supreme Court Orders Government to Assume Responsibility for Unaccompanied Migrant Minors in Canary Islands

The ruling mandates the central government to address the situation of over 1,200 asylum-seeking minors in ten days to alleviate overcrowding.
The Spanish Supreme Court has issued a directive requiring the central government to take responsibility for more than 1,200 unaccompanied migrant minors currently in the Canary Islands who have either applied for or intend to seek asylum.

This ruling comes as a response to a significant overcrowding situation faced by these minors in the region, as noted by the Court's Administrative Litigation Chamber.

The decision stems from a request made by the Canary Islands government, which argued that it is the responsibility of the central authorities to manage these minors.

The state prosecutor had previously opposed this claim, leading to the Court's intervention.

According to statistics provided by the Canary Islands government, from January 2023 to November 2024, approximately 546 unaccompanied minors requested international protection, while an additional 325 have expressed a desire to do the same.

This has resulted in a total of 1,221 minors who are currently under the protection system managed by the local administration, amid allegations of inadequate resources and support from the national government.

The Supreme Court has emphasized the necessity of extending state protection to all minors who have stated their intention to seek asylum, even if they have not completed all formal procedures.

The Court stated that it is essential for the state’s reception system to be made available to these minors, as they have the right to access resources and programs pertinent to their situation.

In its ruling, the Supreme Court highlighted that the current conditions faced by the unaccompanied minors are 'openly incompatible with the superior interest of the minor.’ The Court called for urgent measures to ensure that these minors gain access to the national reception system, which has not previously been made available to them.

The Court’s mandate includes a ten-day timeframe for the central government to secure the entry and continued care of these minors within the National Reception System for International Protection.

Additionally, it requires coordination between the national and regional governments to ensure that all actions taken are guided by the principle of prioritizing the minors' welfare.

Following the expiration of the ten-day period, both administrations must report back to the Supreme Court on the measures undertaken, after which the Court will consider whether to hold a hearing to assess the compliance with its ruling.
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