The Supreme Court of Spain (Tribunal Supremo) has issued a ruling that could change the fate of dozens of underage migrants under the care of Madrid’s social services. The court has ordered the central government to ensure the reception and accommodation of children who have already applied for asylum or have expressed their intention to do so within 30 days. This concerns unaccompanied minors housed in protection centers in Madrid.
The administrative chamber supported the petition of the Madrid regional government, headed by Isabel Díaz Ayuso (Isabel Díaz Ayuso), and ruled that postponement is not an option. Within a month, the state must guarantee these children access to the national reception system for those seeking international protection. For now, these minors remain under the care of Madrid authorities, even though by law the state is responsible for their housing and protection.
Mandatory cooperation
The Supreme Court emphasized that the process of transferring the children must be carried out in close coordination between central and regional authorities. The judges reminded that a similar ruling was already made in March regarding underage migrants in the Canary Islands (Islas Canarias). At that time, a dispute arose between the Spanish government and local authorities, which remained unresolved for a long time.
After court intervention, the Madrid government again called on the central authorities to take responsibility for migrant children housed in the capital’s shelters. After being refused, regional officials appealed to the Supreme Court, which has now ruled in their favor.
Regional differences
Despite similarities with the situation in the Canary Islands, the court noted important differences. In the Canary Islands, more than a thousand children were exposed to extreme overcrowding. In Madrid, according to various agencies, the number of minors ranges from 38 to 50. However, the court believes that the disparity in numbers should not hinder measures to protect children’s rights.
The judges emphasized that it is unacceptable to wait for the situation to deteriorate to a critical level when children are subjected to severe overcrowding. Spanish and European Union law guarantees specific rights to these children, and the state is obliged to uphold them regardless of how many are affected.
Rights and guarantees
The court ruled that all minors who have already applied for asylum or have expressed their intention to do so must be included in the national reception system. Currently, they remain outside this system, even though, by law, the state is responsible for ensuring their protection and integration.
The court reminded that the interests of children take precedence over administrative disputes between different levels of government. Protective measures for them must be taken without delay to prevent violations of their rights. In Madrid’s case, the court found that even a relatively small number of children does not absolve the state of responsibility.
Authorities’ response
The Supreme Court’s ruling was issued in response to a prolonged dispute between the regional and central governments. Madrid officials repeatedly cited a lack of resources to care for underage migrants and demanded state intervention. Now, the Spanish government has exactly one month to comply with the court order and ensure that the children receive the necessary support.
The court document specifically emphasizes that any measures must take into account previous decisions in similar cases, particularly concerning the Canary Islands. The judges believe the essence of the problem is the same: minors seeking asylum cannot be left outside the national protection system, regardless of their region of residence.
