E/CN.4/1995/91/Add.1
page 30
The Spanish Constitution recognizes a further fundamental right,
which is the right to effective judicial protection. In the present
case, several judicial bodies interceded, namely, the fourth examining
court of Sabadell, the nineteenth court (domestic court) of Barcelona and
the Court of Appeal of Barcelona, to which the appeal lodged by the
parents of the children concerned was referred.
One of the judges, serving on the bench of the nineteenth court
(domestic court) of Barcelona, fixed the schedule of visits for the
parents and indeed ordered them to spend their holidays together, with
supervision being exercised through a weekly visit by social workers.
Appended to this document is a report by the Generalitat of
Catalonia (Social Welfare Department, Directorate of Child Welfare),
which answers point by point the allegations made by the aforementioned
sect to the Special Rapporteur of the Commission on Human Rights on the
question of religious intolerance.
REPORT BY THE DIRECTORATE OF CHILD WELFARE (DEPARTMENT
OF SOCIAL WELFARE OF THE GENERALITAT OF CATALONIA) TO
THE COMMISSION ON HUMAN RIGHTS
In reply to the communication received from the Special Rapporteur,
based on information brought to his notice concerning the movement
’Children of God’ or ’The Family’, the Directorate of Child Welfare has
the honour to transmit the following information and comments:
1.
The fourth examining court of Sabadell, ’following the measures
(file No. 100/90) taken by virtue of the report drawn up by the ’Mozos de
Escuadra’ (autonomous police) of the Generalitat of Catalonia and the
request by the Public Prosecutor’s Department, which showed that at least
20 children under the age of 11 were living in the property situated at
Castellar des Vallés (Avda. Can Piñol, No. 45, sector D, Urbanización
’Airesol’), who, according to investigations, were clearly in a situation
presenting a danger to their physical and mental health, such as to make
it necessary for them to be immediately admitted to an appropriate
reception centre; and having taken note of the report by the Public
Prosecutor’s Department and the information provided in the report drawn
up by the Catalan police concerning the residence and way of life of the
aforesaid minors in that property, under the authority of persons
believed to belong to the destructive sect known as ’Children of God’ or
’Family of Love’, whose activities as a sect might rank among various
offences covered and punished by the Penal Code; and having regard, in
addition, to the obvious risk that an extended stay in the property might
entail for the physical and mental health of the aforesaid minors; taking
into account the provisions of article 172 of the Civil Code and other
such provisions; authorizes the police force to seize the minors
immediately and to have them admitted to the appropriate reception centre
and the competent child welfare agency (in Catalonia, the Directorate of
Child Welfare) will of its own motion assume custodial responsibility for
those children, so long as other measures have not been taken, in
accordance with the law’.