A/HRC/23/56/Add.2 49. According to some interlocutors, cases of women victims or potential victims of trafficking are considered under the general legal framework for migration, and not under the refugee status determination procedure, which is in contradiction with the UNHCR Guidelines on International Protection. In this regard, concern was expressed, inter alia regarding the situation of women from Nigeria and other sub-Saharan countries, victims or potential victims of trafficking, whose asylum applications are systematically rejected in Spain’s airports. Indeed, in practice, asylum applications referring to trafficking-related issues are reportedly systematically rejected. Furthermore, the Special Rapporteur also draws the attention of the Government to the situation of persons claiming stateless status in Spain. D. Unaccompanied minors 50. The Special Rapporteur was informed that unaccompanied minors are put under the care of competent child authorities and placed in centres for minors. The Special Rapporteur visited a centre for minors in Ceuta which had been recently renovated. He was informed of challenges regarding the vulnerability of children who reach 18 years of age and no longer have the valid residence permit to which they were entitled as minors. The majority are reported to be Moroccan. According to the International Organization for Migration, about 3,000 minors are in this situation and may no longer benefit from the system of protection of minors. The Special Rapporteur was informed that different methods are used for determining the age of unaccompanied minors, including bone and DNA tests. Uncertainty in the age determination practices, especially the bone tests, as well as the lack of accuracy in the medical reports, were reported. The need for more reliable tests was emphasized. E. Racial profiling 51. The problem of identity checks by the police targeting particular ethnic groups, including minorities, the Roma and migrants, especially from Africa, Asia and South America, remains a challenge. Indeed, ethnic profiling by law enforcement agents continues to be a persistent and pervasive problem, with significant adverse impacts on police/community relations and the enjoyment of the rights of the individuals targeted. The Journal of Statistics of the Ministry of the Interior shows an increase of 23 per cent in identity checks in Spain between 2010 and 2011.3 The Spanish Ombudsperson, in the 2011 annual report, indicated having received a high number of complaints about the generalized use of identity checks against foreign nationals by the police.4 52. The main law governing identity checks by law enforcement agents is Organic Law 1/1992 on the protection of public safety of 21 February 1992. Organic Law 4/2000 on the rights and freedoms of foreigners in Spain and their social imtegration also contains provisions on identity controls. Reportedly, these laws do not provide sufficient guarantees against ethnic profiling. Criticism was also addressed against Circular 2/2012 of the General Directorate of Police adopted on 20 May 2012 in response to the persistent allegations of ethnic profiling. Its provisions are reportedly not binding, which increases the risk for ethnic profiling practices. In addition, ethnic profiling has reportedly persisted since the entry into force of the new Circular. 3 4 Ministerio del Interior del Gobierno de España, Anuario Estadístico del Ministerio del Interior, 2010, p. 34, available at http://www.interior.gob.es/file/53/53112/53112.pdf. The Ombudsman of Spain, Annual Report 2011 (see footnote 2 above), p. 79. 13

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