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Summary: This report extracts mentions of children's rights issues in the reports of the UN Special Procedures. This does not include reports of child specific Special Procedures, such as the Special Rapporteur on the sale of children, child prostitution and child pornography, which are available as separate reports.
Please note that the language may have been edited in places for the purpose of clarity.
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- Agreed and requested visits
- Working Group on Enforced or Involuntary Disappearances
- UN Special Rapporteur on human rights while countering terrorism
- UN Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- UN Special Rapporteur on the question of torture and detention
- UN Special Rapporteur on Migrants
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(A in October 2008) SR on freedom of expression
(R in 2006) IE on minority issues
(R in 2006) SR on migrants
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Working Group on Enforced or Involuntary Disappearances
(A/HRC/27/49/Add.1)
Country visit: 23 to 30 September 2013
Report published: 2 July 2014
Background: The order to open an investigation also refers to the systematic abduction of children of Republican detainees (a figure of 30,960 children is mentioned), who were allegedly given to families who supported the Franco regime once their identities had been changed in the Civil Register. In addition, during the Civil War, many Republican parents evacuated their children abroad. When the War was over, the Franco regime decided that all those children should return and, after repatriation, many were sent to Auxilio Social centres, whereupon parental rights were automatically transferred to the State, while their biological families were quite unaware of this situation. Many of these children were adopted without the knowledge or consent of their biological families (para 7).
The Working Group has received information concerning the alleged “theft” and “kidnapping” of babies and children after the Civil War and even after the restoration of democracy. According to the reports, hundreds of babies were stolen from hospital maternity wards and illegally offered for adoption in exchange for money. According to the information received, in some cases the theft or kidnapping could have taken place with the knowledge or involvement of certain authorities or officials. In order to perpetrate these thefts, the biological parents were given to believe that their children had died shortly after birth. On other occasions the babies were simply snatched under threat and the adoptive parents were told that they had been abandoned. There are apparently around 1,500 complaints with prosecutors but it has not yet been possible to establish how many people were affected by these acts (para 8).
Truth and memory: The Working Group notes that there are a number of disputes over death registers and as to the accuracy of the information they contain as regards victims of the Civil War. Some registers have been destroyed, or else access is denied on various grounds, such as protection of personal information. The Working Group was also told that it was difficult to gain access to records belonging to the Catholic Church. Given that many cemeteries are on Church property and information on baptisms and deaths is held in Church records, it is essential, in order to guarantee victims’ right to the truth, to open them up and facilitate access for those who are looking for disappeared persons or children believed to have been stolen (para 30)
The Working Group received information on the various important initiatives by the Spanish State with regard to the situation of stolen children. It commends the establishment, in the Ministry of Justice, of an information service for those affected by a possible baby theft, the action taken by the Attorney-General’s Office, the creation of a DNA bank, the cooperation agreement between the Ministry of Health, Social Services and Equality and the Attorney-General’s Office, and the reports by national and independent human rights institutions, inter alia. The Working Group received information regarding the many obstacles that prevent documentation of cases of child theft and the ineffectuality of the investigative measures taken to date. Moreover the national DNA bank does not have enough genetic samples, despite the size of the universe of potential victims and reported cases (para 35).
Right to justice: As to judicial proceedings in the cases known as “child thefts”, the Working Group draws attention to Attorney-General’s Office Circular 2/2012, setting out standard guidelines for proceedings for abduction of newborn children, which maintains that the offence is continuing in nature and not subject to a statute of limitations. This position is compatible with the provisions of the Declaration. The Attorney-General’s Office has rejected the notion of a systematic plan to steal children. It is important that, where there is sufficient evidence, judicial investigations consider the possibility of links between multiple cases of alleged illegal abduction of children (para 47).
Ombudsman’s offices have intervened in cases of child theft. The national Ombudsman and the Ombudsman for the Basque Country have produced major reports on the subject. Some offices have also tried to resolve the communication problems between the administration and victims and their representatives (para 58).
Based on the above considerations, the Working Group recommends that the Spanish State Strengthen efforts to find and identify children who may have been victims of theft, enforced disappearance or identity substitution; Ensure that the National DNA bank has genetic samples for all reported cases of children who may have been victims of theft, enforced disappearance or identity substitution, whether reported through administrative or judicial channels (para 67).
UN Special Rapporteur on human rights while countering terrorism
(A/HRC/10/3/Add.2)
Country visit: 7-14 May 2008
Report published: 16 December 2008
No mention of children's rights in this report.
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UN Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, Miloon Kothari
(A/HRC/7/16/Add.2)
Country visit: 20 November - 1 December 2006
Report published: 7 February 2008
Young people are marginalised and unable to afford property. Miloon Kothari worried that the primacy given to the homeownership policy model has had several negative impacts on the realisation of the right to adequate housing. It has marginalised sectors of society that do not have sufficient means to purchase their homes and those who already face discrimination. These groups include, women, low-income households, migrants, young people, the elderly, and Roma. (Paragraph 90)
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UN Special Rapporteur on the question of torture and detention
(E/CN.4/2004/56/Add.2)
Country visit: 5 to 10 October 2003
Report published: 6 February 2004
No mention of children's rights in this report.
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UN Special Rapporteur on Migrants, Ms. Gabriela Rodriguez Pizarro
(E/CN.4/2004/76/Add.2)
Country visit: 15 to 27 September 2003
Report published: 14 January 2004
Ms Rodriquez Pizarro identified the following concerns:
There are an uncertain number of unaccompanied minors in Spain, of whom some are accommodated in reception centres while others remain in the streets. Most come from Morocco and are between the ages of 15 and 18, although there are more and more young migrants arriving from other places, such as sub-Saharan Africa or eastern Europe. According to the 2002 report of the Directorate-General for Immigration, there were a total of 6,329 unaccompanied minors. Ms Rodriquez Pizarro recommended that there must be "measures to ensure the full and effective implementation of legislation relating to unaccompanied minors in relation to reunification and documentation" (Paragraphs 52, 86)
Repatriation: The negotiations between Morocco and Spain focused on the question of the repatriation of migrants, especially the return of unaccompanied minors. Ms Rodriquez Pizarro believed the priority should be given to ensuring that repatriations are carried out with due respect for the rights and best interests of minors. She expressed her concern at the Attorney-General's instruction, which establishes that public prosecutors must press for the immediate return to their countries of origin of foreign unaccompanied minors over the age of 16 who are present in Spanish territory. (Paragraph 56)
Education: There is a considerable number of migrant children in Spain who drop out of school. Second-generation or unaccompanied minors have great difficulties with integration, especially because, after having acquired training, some are unable to work owing to their illegal status. In addition, they are confronted with marginalisation and stigmatisation in educational institutions, validation of their studies may take six to 18 months, and access to non-compulsory education is difficult. (Paragraph 72)