UNACCOMPANIED FOREIGN MINORS: THE CASE OF SPAIN. LEGAL ENFORCEMENT, BAD PRACTICES AND ASPIRING SOLUTIONS

Abstract

We are immersed in a world in which illegal migration is a main phenomenon at the current international arena and it is a main concern for States, especially for Spain due to its geographical location, close to the African continent. Nevertheless, inside illegal migration we find a notable group which is named as unaccompanied foreign minors, and its members shall be given special attention as it concerns children. In such cases, although there is a regulatory framework regarding the protection of children, their conditions as migrants prevail and several bad practices are performed by States towards those children. In order to address these issues, States shall pay special attention not only to legislation but also to its enforcement, as it will be introduced through the denunciations presented by NGOs and other international bodies. In this research it will be discerned which solutions shall be taken at the international, European and Spanish level in order to strengthen the legal protection of unaccompanied minors as well as to ensure its precise enforcement in this country. Those solutions will be presented with the aim to address the vulnerable situation lived by unaccompanied foreign minors in Spain.