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.
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