Spain rules 1,500 migrant children’s return to Morocco illegal

Spain’s Supreme Court on Monday ruled that the government acted illegally in 2021 by returning around 1,500 unaccompanied migrant minors to Morocco. The ruling raises important questions about adherence to legal procedures and protection of vulnerable individuals amidst challenging migration scenarios.

The case stemmed from the chaotic May 2021 influx of some 12,000 migrants, largely minors, into the Spanish enclave of Ceuta via swimming and border fence crossings. While acknowledging the unprecedented situation’s difficulties, the court determined that Spanish authorities blatantly disregarded domestic and European law in their handling of the minors.

Following the mass arrival, around 1,500 children were sent back to Morocco in August. The Supreme Court deemed this action unlawful, citing the absence of individual administrative procedures, hearings, and necessary legal resources for each minor. The court further emphasized the violation of children’s rights by omitting assessments of their individual circumstances and potential risks of harm upon return.

The case was initiated on behalf of eight Moroccan minors, following similar lower court rulings appealed by Spanish and Ceuta authorities. Notably, the Supreme Court extended its verdict beyond this specific case, declaring all collective expulsions illegal under European human rights law.

While the court’s focus was on minors, the May incident also involved mass returns of adult migrants. Shortly after a diplomatic spat regarding the treatment of Western Sahara’s leader in Spain, Moroccan border guards seemingly facilitated the influx of thousands across the Ceuta border, many swimming to reach Spanish territory. The crisis eventually led to Spain’s acknowledgement of Morocco’s stance on the Western Sahara issue.

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