COMMITTEE ON RIGHTS OF CHILD REVIEWS SECOND PERIODIC REPORT OF SPAIN

CRC
30th session
4 June 2002



In Preliminary Remarks, Expert Says Spain Has Made
Great Progress and Has Achieved Results in Implementing the Convention



The Committee on the Rights of the Child today reviewed a second periodic report from Spain on how that country was implementing the provisions of the Convention on the Rights of the Child, asking among other things about the minimum age for sexual consent and criminal responsibility, unaccompanied foreign children, and provision of equal health services in the autonomous communities.
Introducing his country's report, Joaquin Perez-Villanueva y Tovar, Ambassador and Permanent Representative of Spain to the United Nations Office at Geneva, said the situation of children in the country could not be judged as perfect but the authorities had endeavoured towards perfection. The issue of the rights of the child was among the Government's political priorities and great efforts had been made to integrate the rights of the child within the new structure.
Maria Teresa Mogin Barquin, Director-General of the General Direction of Social Action, Minors and the Family at the Ministry of Labour and Social Affairs of Spain, also said that since the adoption of the Convention, the situation of children had notably improved; however, there were persisting challenges in the application of the Convention.
Mrs. Mogin Barquin said that the rights and principles enshrined in the Convention had been incorporated in domestic legislation. She said that in 1996 a law had been adopted on the legal protection of minors; and in 2000, a law had been passed on the criminal responsibilities of children. In addition, the penal code had been reinforced relating to offences committed against children, including extraterritoriality of the law.
In preliminary concluding remarks, Committee Expert Luigi Citarella said that Spain had made great progress and had shown tremendous achievements during the last five years in the implementation of the provisions of the Convention; and it had made the protection and promotion of the rights of the child a general rule in the society.
Mr. Citarella said that the process of decentralization was a positive aspect; however, there might be some discrepancies in the implementation of child rights by the different entities, and he suggested that such inequalities should be low.
Spain was also represented by Carmen Sanchez Ruiz and Maria Dolores Molina, from the Ministry of Education, Culture and Sports; Alfonso Marina Hernando, Eva Ferrus Garcia and Maria Garcia Juste Ortega, from the Ministry of Labour and Social Affairs; Inigo de Palacio Espana, Marcos Gomez Martinez and Susana Camara Angulo, from the Permanent Mission of Spain in Geneva; and Teresa Robledo, from the Ministry of Health.
The Committee's concluding observations and recommendations on the second period report of Spain will be released towards the end of its three-week session on 7 June.
The Committee will resume its work at 10 a.m. on Wednesday, 5 June, when it is scheduled to begin its consideration of the initial report of the Netherlands Antilles (document CRC/C/61/Add.4).

Report of Spain
The second periodic report of Spain (document CRC/C/70/Add.9) says that although the report does indeed describe the situation of children over the past five years, from 1993 to 1997 inclusively, it is set in the context of the policies for children which began to be systematically organized and developed in the 1980s, policies already described in the initial report. Material for the second report was accepted up to February 1999, so it includes information on changes made in the regulations and on political and administrative measures introduced in 1998.
The report notes that Spain underwent profound political and socio-cultural changes which caused a substantial transformation of life in society and in the way institutions were structured and functioned. The role and place of children in Spanish society and their relations with adults were also transformed during this period. At the same time, similar changes have been transforming adults' experience with children, the nature of their parental and educational functions and responsibilities in the socialization process.
According to the report, the role of children in Spanish society has taken on new dimensions, and children have become an object of attention and study as never before. This greater social visibility has promoted discussion of children and has enhanced awareness of them among the public at large and among professionals, institutions, the communication media and social organizations. In their social representations, children have become accepted as a social category with specific needs and as members of society with the capacity to intervene actively in their own development and environment and to alter them.
The report says that there is also a growing consensus to regard children as holders of human and other rights ranging from protection to independence which they are competent to exercise, save only for the limitations imposed by their age. There is no great difference between the requirements of protection and the requirements of independence, and in fact the best way of ensuring the social and legal protection of children is to promote their independence as holders of rights.

Presentation of Report
JOAQUIN PEREZ-VILLANUEVA Y TOVAR, Ambassador and Permanent Representative of Spain to the United Nations Office at Geneva, said that his country was a democratic State where laws were respected. He said that the situation of children in the country could not be judged as perfect but the authorities had endeavoured towards perfection. The Government was still making efforts in the promotion and protection of the rights of the child. In addition, the area of the rights of the child was among the Government's political priorities. Great efforts had been made to integrate the rights of the child within the new structure.
MARIA TERESA MOGIN BARQUIN, Director-General of the General Direction of Social Action, Minors and the Family at the Ministry of Labour and Social Affairs of Spain, said that since the adoption of the Convention, the situation of children had notably improved; however, there were persisting challenges in the application of the Convention. At the international level, the Government had ratified the two Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography.
She also said that her Government had ratified International Labour Organization Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. Also in the ratification process were the United Nations Convention against Transnational Organized Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, specially women and children.
The Director-General said that during its EU presidency, Spain had held the fourth meeting of the intergovernmental expert group on children of Europe. The meeting was devoted to issues concerning the General Assembly Special Session on Children; the fight against child poverty; and sexual exploitation of children within the outcome of the Yokohama Conference on the issue, among others.
At the national level, Mrs. Mogin Barquin said that the rights and principles enshrined in the Convention had been incorporated in domestic legislation. In 1996 a law had been adopted on the legal protection of minors; and in 2000, a law had been passed on the criminal responsibilities of children. In addition, the penal code had been reinforced relating to offences committed against children, including extraterritoriality of the law.
She also said that the Government had adopted a national plan of action against juvenile poverty and exclusion, in accordance with the Lisbon strategy of the European Union.

Questions by Experts on General Measures of Implementation; Definition of the Child
A Committee Expert said the State party should be commended for the detailed report, which was, unfortunately, long. The report had taken into consideration the recommendations made by the Committee during its consideration of the initial report. However, there were some aspects that did not change: the issue of minorities such as refugees and migrants. The provisions of the Convention had be widely disseminated among professionals. The establishment of autonomous communities should not create inequalities in the treatment of the rights of children. The improved relationship of non-governmental organizations with the central and autonomous authorities had been a positive aspect.
The Expert asked about the function of the "observatory for children" and its role in promoting the rights of the child. He also asked about the impact on Basque children of the anti-terrorist legislation enacted in relation to that region.
Another Expert said that the report was too long to read and it was difficult to figure out the right image of children in the country.
An Expert asked why the Ministry of Labour and Social Affairs was coordinating the delegation, which was also composed of people from the Geneva mission. How did the central Government maintain equal repartition of resources among the different autonomous communities and other components of the State? On the issue of terrorism and violence, she wanted to know if the State was concerned about the spirit of settling an affair by violence, and if there were discussions on this involving children.
Another Expert asked how the autonomous communities developed principles and legislation to implement the provisions of the Convention. He also asked about the involvement of the Ministry of Labour in children's rights and about the role of the "observatory for children". How did the Government allocate budgets to the 17 autonomous communities? What was the possibility of creating a data collection mechanism at the national level?
The minimum age for sexual consent was 13 years, did the Government intend to increase this age limit, an Expert asked. The age limit was too low and it should be raised.

Spain's Response
The "observatory for children" was involved in the preparation of the report in conjunction with other branches of the Government, the delegation said.
With regard to decentralization and the issue of a strategy for children, the delegation said that measures had been taken to decentralize powers to the autonomous entities. The issue of minors was the full responsibility of the autonomous communities, for example. Acts concerning child education, health and criminal responsibilities were obligatory in each region. In addition to the mandatory legal acts, there were cooperative mechanisms in health, education and other fields that guaranteed their enjoyment by children.
Concerning unaccompanied foreign children, they were a shared responsibility of the autonomous communities, the delegation said. The law on this category of children had also been modified to guide how the authorities had to handle the situation.
Children did not participate in the "observatory for children", however, special efforts had been made to ensure child participation in other fora, the delegation said. Municipal governments and UNICEF committees encouraged children to participate in the system of deliberations. In the framework of non-governmental organizations and others that participated in the observatory for children, children participated in debates.
The Office of the Ombudsman was totally independent of the Government, and the officer was appointed directly by the national parliament, the delegation said. Autonomous communities and cities also designated their own Ombudspersons to act in their respective territories.
Since 1996, it had now become a "custom" to hold an annual meeting of the persons responsible for the implementation of child rights to review implementation of the provisions of the Convention, the delegation said. In addition, the subjects of how to adopt a philosophy and how to implement the provisions were discussed.
By introducing reforms to the criminal code, the Government had filled the gap that was created on how to punish offences committed abroad, the delegation said. The criminal provisions on crimes committed against children extraterritorially were toughened and perpetrators were punished for the crimes they committed outside Spain. In addition, a new bill was tabled before parliament on kidnapping of children, even by their parents.
Concerning the Committee's recommendation to remove article 154 of the civil code allowing corporal chastisement, the delegation said that a series of debates had been carried out to amend the provision. A bill amending the article was in the hands of the Government.
Sexual assault was a crime and was punishable by a prison term of up to 3 years, the delegation said. Consent could not be valid if the child was under 13 years, and the act was criminalized. Commercial sexual exploitation was more severely punished by up to 4 years imprisonment. Those who used children for the production of pornography were also punished in the same manner. Minors paid for sexual favours were not punished.
There was an inter-territorial council for health made up of the highest responsible officials from the autonomous communities, the delegation said. Technical groups were also subordinated to the council to work on various issues on health. The council also dealt with family planning services and development of regional youth centres. Last March the council had approved a document with specific advice to children on issues of sexual and reproductive health and abuse of alcohol.
On the issue of education, the delegation said that education on peace and non-violence had been provided, in addition to education on ethics and civil values. Those issues had been addressed in the educational curricula. The Government believed that education was an integrating process and a form of transmission of knowledge to the child.
Asked about the budgetary allocation for education, the delegation said that public expenditure on education had been increased considerably and progressively to ensure free education. School attendance was compulsory from 6 to 17 years of age. However, the number of pupils in schools had gone down in recent years. Spain had the lowest birth rate in the world.

Questions by Experts on General Principles; Civil Rights and Freedoms; Family Environment; Health; Education; and Special Measures
The Committee Experts pursued their consideration of the report by raising questions on the remaining clusters of general principles; civil rights and freedoms; family environment and alternative care; basic health and welfare; education, leisure and cultural activities; and special protection measures.
An Expert said that the rate of school dropouts among Roma children was higher than among other children, and Roma were subjected to discrimination as were Moroccans and other migrants. With regard to the new law on terrorism, special rules had been created not only for adults but also for children. Children above the age of 14 had been judged in connection with terrorism not in juvenile courts but in special courts in Madrid. Severe punishment had been handed down against children without any possibility of revision of the sentences before they passed half of term. Although the Committee understood the situation of Spain on the issue of terrorism, the new law should be reviewed to give children more rights.
Another Expert said that the rate of illiteracy was only 4.2 per cent, which was comparatively low; however, there was a discrepancy between men and women. Also, the unemployment rate was 23 per cent for the whole but among females it was 30.48 per cent while among males it was 20.02 per cent. Why was there such a difference between women and men. In addition, the families headed by females were higher; and domestic violence was present as in all other countries.
An Expert said that the health services provided by all the autonomous communities were not uniform; had the inequality that existed in that area before 1996 been corrected? Unwanted teenage pregnancy had been resulting in abortions, did the Government make efforts to prevent such unhappy endings, given its low fertility rate? Was the plan of action on disabled children the same in all the autonomous entities?
Another Expert said that there were a number of children involved in cases between Spain and Morocco on measures of expulsion between the States. The children expelled by Spain to Morocco were returned to Spain, and their status was not defined. What measures had the central Government taken to resolve the problem?
Spain had effective legal tools in place but due to lack of resources it was not able to implement educational and rehabilitational measures, an Expert said.

Response of Spain
Responding to the questions put by the Committee Experts, the members of the delegation said that the provisions of the Convention had been incorporated into the domestic legal system and they had now become part of the system.
Responding to an earlier comment on legislation on terrorism, the delegation said that a special national court had already been set up in Madrid, and that according to the new law, children aged 14 and 15 could be sentenced from 1 to 4 years imprisonment; and children aged 16 and 17 could receive prison terms of up to 8 years.
With regard to unaccompanied foreign minors, there had been an increase in their number, and their access to education and health was ensured, the delegation said. In the region of Melia, the increase in the number of unaccompanied minors from Morocco was significant compared to other regions. Given the proportion of the problem, it was not easy to handle the situation with regard to minors.
The delegation was asked what role the Government in Madrid was playing with regard to foreign minors in Melia and other children who fell under the 1951 Geneva Convention relating to the status of refugees; and about incidents of ill-treatment by Spanish police of the minors.
The delegation said that the Government, in conjunction with the Government of Morocco, had attempted to resolve the problem through a dialogue involving the Red Cross and other organizations. The Government had also tried to train the children in Morocco within their own family environment. The expectation of those minors who crossed the Mediterranean Sea looking for a better life was high as they reached Spain; and they also understood that the door to Europe was through Melia -- a stepping stone to other countries. These minors who were living in camps rejected Spanish values and were also involved in violent activities against other minors.
Concerning the increase of single-parent-families, the delegation said that the Government had taken the Committee's recommendations on this issue and had taken preventive measures. Campaigns to increase awareness of this problem had been held. Additional measures had also been taken to support single-parent households and to prevent their marginalization. The Government also financed non-governmental organizations that assisted such households and that attempted to reconcile parents.
The Government had taken measures to increase the fertility rate, which was at present declining, the delegation said. Twenty per cent of births in the country were by parents of foreign origin; and the Millennium child born in Spain was from Equator.
Children with disabilities in Spain basically stayed with their parents, with care provided by the community and the Government, the delegation said. Severely disabled children were placed in foster homes.
The International Labour Office report affirming the existence of 200,000 working minors came as a surprise to the Spanish Govenemnt, the delegation said. The fact was that the labour inspection department had detected 216 minors working. The ILO figure, however, was based on statistics of 1980's, as it was later affirmed by the Office.
The Ombudsman reacted to requests from members of the public, the delegation said. Upon receiving a request, the Ombudsman made inquiries to Government agencies to receive information. The results of the inquiries were notified to the individuals concerned. The Ombudsman also acted through periodic reports in which issues of children were assessed and recommendations were made.
Concerning the Roma population, the delegation said that in Spain, it was impossible to identify any individual on the ground of ethnicity. Any survey on ethnic grounds was unconstitutional; however, there were organizations led by the Roma themselves to combat school dropouts and absenteeism.

Preliminary Concluding Remarks by Expert
LUIGI CITARELLA, a Committee Expert, extended his sincere appreciation to the delegation on the way its members had participated in the dialogue with the Committee. Spain had made great progress and had shown tremendous achievements during the last five years in the implementation of the provisions of the Convention; and it had made the protection and promotion of the rights of the child a general rule in the society. In 1994, after considering the initial report of that State party, the Committee had supported the State and urged it to continue to develop its legislation towards children.
Mr. Citarella said that the process of decentralization was a positive aspect; however, there might be some discrepancies in the implementaoitn of child rights by the different entities, and he suggested that such inequalities should be low. He also said that the Government should adopt an integrated approach to the issue of child rights.

Concluding Remark by Delegation
MARIA TERESA MOGIN BARQUIN (Spain) said that the previous recommendations made by the Committee had helped her Government to work better. She assured the Committee that decentralization was not proportional to inequality; however, steps were being taken by the Government to oversee the equal implementation of child rights in all regions. The challenges with transparency were part of the integrated approach of the Government, with special focus on child rights. There would be no boundaries and limits for the Government in its work for the implementation of the provisions of the Convention.



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