A call to guarantee the rights of children arriving in Ceuta

Eurochild member Plataforma de Infancia responds to the recent arrivals in Ceuta and highlights violations of the rights of children on the move.

Plataforma de Infancia urges public authorities to place the protection of children at the centre of every response and to fully guarantee the rights of the children who have arrived in Ceuta, in line with the principle of the best interests of the child.

All children have the right to protection, regardless of their nationality and migration status, or the way in which they arrived in Spain. This right is established by Spanish law and international treaties, particularly the United Nations Convention on the Rights of the Child.

Any decision affecting a child must be taken with the child’s best interests as a primary consideration. This requires each child to be identified and heard, their individual circumstances to be assessed, and any specific protection needs to be identified. These may include the need to apply for international protection or other circumstances of particular vulnerability.

These assessments must be carried out by professionals with specialised training and must incorporate a  child rights-based and gender-sensitive approach. The mental health of the children concerned must also be appropriately protected, and they must receive the specialised care and psychosocial support they require.

Children and adolescents cannot be returned collectively or without the safeguards established under Spanish law.

Plataforma de Infancia recalls that, in its 2024 judgments concerning the repatriation of children and adolescents from Ceuta to Morocco, the Spanish Supreme Court confirmed that border-rejection and return procedures are not legally applicable to children and adolescents. The Constitutional Court has also required the identification and assessment of migrants’ specific needs within return procedures.

It is essential that an age-assessment procedure be initiated only when there are genuine doubts about whether a person is under the age of 18. The validity of children’s official documentation must also be recognised.

Any age-assessment procedure must comply with the safeguards established by Supreme Court case law, the decisions of the United Nations Committee on the Rights of the Child, and the recommendations of the Spanish Ombudsman. As the Supreme Court confirmed again in a judgment of 30 July 2026, an unaccompanied child cannot be subjected to medical age-assessment tests when they hold a valid passport.

We are also concerned about the increase in narratives that criminalise migrant children.

Behind every arrival are children and adolescents who are fleeing and crossing extremely dangerous and deadly borders - in this case, by swimming - in the hope of improving their lives and those of their families.

Protecting them is a legal and ethical obligation that must guide the actions of all public authorities.

The response to the situation must respect children’s rights and guarantee individualised procedures, specialised protection and durable solutions that serve the best interests of every child and adolescent.