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Violations of the rights of unaccompanied children arriving in Spanish territory, including: ill-treatment and disregard for their best interests; detention without access to a lawyer; poor conditions in reception centres; the fact that while the age of majority is 18, for the purposes of expulsion of unaccompanied migrants it is 16; and a lack of protection of their economic, social and cultural rights. UN Committee on the Rights of the Child (Concluding Observations, September 2010) The Committee notes the measures taken by the State party, including creation of a registry of unaccompanied children in the Dirección General de la Policia (Real Decreto (RD) 2393/2004, de 30 de diciembre), as well as the protocol developed by the Observatory for Children concerning unaccompanied children. While noting that the repatriations of unaccompanied children have decreased in the last years, the Committee continues to be concerned about reports of: UN Human Rights Committee Last reported: 20-21 October 2008 Concluding Observations adopted: 30 October 2008 The children were also allegedly ill-treated in reception centres and sometimes detained without being given access to a lawyer. The Committee urges the State to respect the rights of these children. The Committee requests the State party to ensure that free legal assistance is given to these children if they are detained, and that a monitoring mechanism should be established in reception centres, to ensure that children are not subjected to abuse (paragraph 21). UN Committee on the Elimination of Racial Discrimination Last reported: 23-24 February 2011 Concluding Observations: 9 March 2011 The Committee welcomes with satisfaction the agreements on assistance and repatriation to unaccompanied minors that the State has signed with Romania and Senegal. However, the Committee is concerned about bone age assessments being carried out through x-rays on unaccompanied children in Spanish territory given that the wide margin of error of these tests can mean that some minors are classified as adults and are therefore deprived of protections afforded to minors (art. 6). The Committee urges the State party to review the different methods to carry out age assessments in order to guarantee that unaccompanied minors are not classified as adults and enjoy the protection measures applicable to minors. It further urges the State party to invest in the implementation of reliable, up-to-date test that are not harmful to the physical integrity of the minor. (paragraph 17) UN Special Rapporteur on Migrants Ms Rodriquez Pizarro Country visit: 15-27 September 2003 Report published: 14 January 2004 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) Universal Periodic Review (May 2010) A - 54. Take all measures necessary to ensure that actions related to unaccompanied minors (migrants, asylum seekers, refugees, victims of trafficking) are in line with international standards (Uruguay); (accepted) Prevalence of trafficking, including of children, and lack of data on the issue UN Committee against Torture Last reported: 12-13 November 2009 Concluding Observations published: 9 December 2009 Although the Committee welcomes the adoption of the Plan to Combat Trafficking for the Purposes of Sexual Exploitation, it notes that the Plan focused more on prevention of the offence than on human rights and the protection of victims. The Committee is also concerned that the Criminal Code contained no criminal offence specifically addressing human trafficking for sexual exploitation purposes. The Committee urges the State party to include a section specifically addressing human trafficking for sexual exploitation purposes when finalising its draft Criminal Code (paragraph 28). UN Committee on Economic, Social and Cultural Rights Last reported: 3-4 May 2004 Concluding Observations adopted: 14 May 2004 The lack of sufficient information available on the problems of trafficking of persons to the State party for sexual exploitation and on the measures taken in this respect. The Committee requests the State party to provide, in its fifth periodic report, detailed information on the problem of trafficking and commercial sexual exploitation of persons in the State party and on measures taken to tackle these problems (paragraphs 16 and 33). UN Committee on the Elimination of Discrimination against Women Last reported: 22 June 2009 Concluding Observations published: 7 August 2009 The Committee notes that the State party was planning to reform its legislation in accordance with its obligations under the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. Although the Committee acknowledges other measures being taken by the State party to combat trafficking in women and children, it is concerned by the continuing prevalence of trafficking in women and girls, and the lack of comprehensive data and research on this matter. The Committee urges the State party to continue to take all appropriate measures to combat all forms of trafficking in women and children, in line with the Convention. The Committee further calls upon the State party to continue to collect and analyse data, including data disaggregated by age, in order to identify trends and root causes (paragraphs 21 and 22). Universal Periodic Review (May 2010) A - 41. Bring the definition of trafficking in its legislation into line with international law; establish better processes to identify victims; and address the special needs of child victims (New Zealand); (accepted) A - 54. Take all measures necessary to ensure that actions related to unaccompanied minors (migrants, asylum seekers, refugees, victims of trafficking) are in line with international standards (Uruguay); (accepted) R - 10. Consider instigating a national plan to combat violence against women and girls, including in relation to human trafficking (Denmark); (rejected) R - 12. Establish a mechanism guaranteeing the correct identification of victims of the trafficking in persons and provide them with adequate and comprehensive support, especially in the case of minors (Bolivia); (rejected) R - 14. Establish a national mechanism to identify all victims and take necessary measures to ensure access to the asylum procedure for foreign women who are victims of trafficking, or at the risk of being trafficked, who can show a need for international protection, as recommended by CEDAW, CRC, and the CESCR, in light of the serious efforts made by the Government of Spain to adopt a Plan to Combat Human Trafficking for the Purposes of Sexual Exploitation (Israel); (rejected) P - 25. Strengthen the policy of promoting children rights, with special attention to the trafficking in women and children, and consider the implementation of the Guidelines for the Appropriate Use and Conditions of Alternative Care for Children, in accordance with Human Rights Council resolution 11/7 and General Assembly resolution 64/142 (Brazil); (pending) Marginalisation of the Roma population UN Committee on the Rights of the Child (Concluding Observations, September 2010) The Committee welcomes all efforts made by the State party to combat discrimination in its territory, particularly concerning children of Roma origin, children of migrant workers, unaccompanied foreign children and children with disabilities. It welcomes in particular the approval of Strategic Plan for Citizenship and Integration 2007-2010, aimed at guaranteeing access to migrant students to mandatory education and which facilitates integration in the educational system. However, the Committee remains concerned at the obstacles encountered in practice by children of foreigners in irregular situations in educational and health services. The Committee recommends the State party to continue monitoring the situation of children belonging to the above-mentioned groups, who despite the existing legal framework continue to face discrimination; and develop, on the basis of the results of this monitoring, comprehensive strategy containing specific and well-targeted actions aimed at eliminating all forms of discrimination. (paragraphs 25 and 26) UN Committee on Economic, Social and Cultural Rights Last reported: 3-4 May 2004 Concluding Observations adopted: 14 May 2004 Despite programmes aimed at improving the situation of the Roma (Gitano) population, they remain in a vulnerable and marginalised situation in Spain, especially with regard to education, health and housing. The Committee encourages the State party to continue its efforts to address the situation, and to increase the involvement of Roma associations in the planning and implementation of its programmes. The Committee also requests the State party to provide information on the difficulties encountered in implementing such programmes and on the progress achieved, in its next periodic report to the Committee (paragraphs 9 and 26). UN Committee on the Elimination of Discrimination against Women Last reported: 22 June 2009 Concluding Observations published: 7 August 2009 The Committee notes with concern that unregistered and unrecognised Roma marriages may leave women with limited or no economic rights. The Committee calls upon the State party to guarantee and safeguard the economic rights of all Roma women, regardless of whether or their marriages are registered (paragraphs. 29 and 30). High rate of unwanted pregnancies, especially among teenage girls UN Committee on Economic, Social and Cultural Rights Last reported: 3-4 May 2004 Concluding Observations adopted: 14 May 2004 The high abortion rate among adolescent women between 15 and 19 years of age (which amounts to 13.89 per cent of the country's population in 2001). The Committee recommends that the State party should monitor closely the incidence of abortions among adolescent women and to adopt necessary measures to address this problem, and to provide information regarding this concern in its next periodic report (paragraphs 22 and 40). UN Committee on the Elimination of Discrimination against Women Last reported: 22 June 2009 Concluding Observations published: 7 August 2009 The Committee is concerned at the high rates of unwanted pregnancies. The Committee recommends that sex education should be widely promoted and targeted at adolescents, with special attention to the prevention of early pregnancy. (paragraphs 25 and 26). UN Committee against Torture Last reported: 12- 13 November 2009 Concluding Observations published: 9 December 2009 The Committee regrets the scant information provided on measures taken to address the serious concerns expressed by the Ombudsman in his 2009 report on conditions in the centres for minors with behavioural or social problems. The Committee urges the State party to take the necessary steps to ensure humane and dignified conditions in the centres for minors with behavioural or social problems (paragraph 20). The Committee requests the State party to provide information, within one year, in response to its recommendations regarding detention conditions (paragraph 33). Universal Periodic Review (May 2010) A - 3. Adopt specific measures to ensure the protection of the human rights of children of persons in detention or prison and to improve access to education for children with disabilities (Czech Republic); (accepted) Violations of the rights of children with behavioural problems UN Committee on the Rights of the Child (Concluding Observations, September 2010) The Committee welcomes that the National Strategic Plan for Children and Adolescents prioritizes family care over institutional care. The Committee expresses concern at the situation of children with conduct disorders who are being placed in special centres financed by public administrations and privately managed, which have a huge variety of intervention programmes applied to children, ranging from highly restrictive to more open, socializing initiatives. The Committee is also concerned at the insufficient criteria and procedures for referring children to these centers. The Committee is further concerned that these special centers may constitute a form of deprivation of liberty. The Committee recommends the State Party to develop norms and protocols to define the scope and standards of the care given to children with conduct disorders and at social risk and criteria for referral to these private centers. It urges the State party to ensure that the rights of the child are fully guaranteed. In particular it recommends that : UN Committee against Torture Last reported: 12-13 November 2009 Concluding Observations published: 9 December 2009 The Committee regrets the scant information provided on measures taken to address the serious concerns expressed by the Ombudsman in his 2009 report on conditions in the centres for minors with behavioural or social problems. The Committee urges the State party to take the necessary steps to ensure humane and dignified conditions in the centres for minors with behavioural or social problems (paragraph 20). The Committee requests the State party to provide information, within one year, in response to its recommendations regarding detention conditions (paragraph 33). Universal Periodic Review (May 2010) P - 23. Respond to all recommendations set out in the report of the Ombudsman relating to the protection of the interests of minors having behavioural problems and in difficult social situations; pay more specific attention to the rights of such minors to have appropriate educational and medical support; and effectively implement an internal common regulation and an efficient inspection system in centres to prevent and combat abuse (Belgium); (pending) High rate of substance use among young people UN Committee on the Rights of the Child (Concluding Observations, September 2010) The Committee is concerned about substance use among adolescents, as well as the increase in obesity in children and adolescents in the State party. The Committee recommends that the State party continue and strengthen efforts to combat substance abuse among adolescents and manage obesity among children and pay close attention to child and adolescent health taking into account the Committee's general comment No. 4 (2003) on adolescent health and development in the context of CRC. The Committee recommends that the State party take all necessary measures to prevent substance abuse. (paragraphs 50 and 51) UN Committee on Economic, Social and Cultural Rights Last reported: 3-4 May 2004 Concluding Observations adopted: 14 May 2004 The Committee recommends that the State party should ensure the effective implementation of programmes to prevent drug consumption, tobacco smoking and alcoholism, and to report back to the Committee on this issue in its next periodic report (paragraphs 23 and 41). Persistence of gender stereotypes perpetuated in education UN Committee on the Elimination of Discrimination against Women Last reported: 22 June 2009 Concluding Observations published: 7 August 2009 Although the Committee welcomes steps taken by the State party to eliminate stereotyped media portrayals of women and of women's roles in the family and in society, the Committee notes the lack of information provided by the State party on measures to eliminate such stereotypes that are specifically targeted towards the education system. The Committee calls upon the State party to strengthen its efforts to eliminate such stereotypical images and attitudes. Suggestions to help this cause included having targeted programmes in the education system (including human rights education) and the revision of school textbooks and curricula (paragraphs 17 and 18). Universal Periodic Review (May 2010) A - 10. Pursue its efforts to combat the persistence of traditional stereotypes regarding the role and responsibilities of women and men, namely by planning awareness-raising campaigns for the media and focused programmes in the education system (France); (accepted) 87. R - 8. Continue developing awareness-raising measures in educational policies in fighting gender- based violence in order to tackle the deeply rooted stereotypes vis-àvis women (Austria); (rejected) Violence against women and children UN Committee on the Elimination of Discrimination against Women Last reported: 22 June 2009 Concluding Observations published: 7 August 2009 Whilst the Committee welcomes measures taken by the State party against gender violence, the Committee remains concerned about the prevalence of violence against women. Amongst other recommendations, the Committee recommends the expansion of public awareness-raising campaigns on all forms of violence against women and girls (paragraphs 19 and 20). Universal Periodic Review (May 2010) 85. A - 14. Adopt educational measures, from childhood, to foster social rejection of violence against women and children and encourage the use of complaints against such cases (Portugal); (accepted) A - 22. Enact human rights education programmes targeted at fighting racism, xenophobia, and discrimination and violence against women (Philippines); (accepted) R - 8. Continue developing awareness-raising measures in educational policies in fighting gender- based violence in order to tackle the deeply rooted stereotypes vis-àvis women (Austria); (rejected) R - 9. Adopt a national plan of action to combat violence against women and girls and to ensure that all victims of gender-based violence have effective access to legal assistance and protection measures (Islamic Republic of Iran); (rejected) R - 10. Consider instigating a national plan to combat violence against women and girls, including in relation to human trafficking (Denmark); (rejected)