Spain / CRC / C / 95 / D / 165/ 2021
Country
Spain
Year
2024
Decision/ruling/judgment date
Friday, January 26, 2024
Incident(s) concerned/related
Discrimination
Related Bias motivation
Nationality
Migrant status
Groups affected
EU citizens/nationals with or without migration history
Court/Body type
UN Committee
Court/Body
Committee on the Rights of the Child
Key facts of the case
This case concerns the Committee's decision on the case of S.J., born in Melilla, Spain, who was denied enrolment in her school. The Committee ruled, among other elements, whether the refusal of enrolment was due to discrimination on the grounds of her Moroccan origins.
Main reasoning/argumentation
The Committee determined that the refusal to enrol S.J. in school violated her right to non-discrimination under Article 2 of the Convention, read with Article 28. While the State argued that residency verification was necessary, the Committee found that the administrative requirements disproportionately affected children in irregular administrative situations, like S.J. The State failed to show that the requirements were necessary and proportionate, particularly given the severe consequences of prolonged exclusion from education.
Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?
Key issues (concepts, interpretations) clarified by the case
The case showed that discrimination can be both overt or hidden, direct or indirect, and that a de facto exclusion based on indirect differentiation violates the right to non-discrimination, even without explicit intent.
Results (sanctions, outcome) and key consequences or implications of the case
The Committee found a violation by the State party and issued it to provide S.J. with reparations, including compensation and measures to help her catch up academically. To prevent future violations, the State should ensure prompt and effective confirmation of residency for school enrolment, immediate enrolment upon confirmation, accessible and timely remedies for disputes over education rights, recognition that education obligations extend beyond compulsory school age, and specialized training for judges and administrative staff on the Convention’s implementation.
Key quotation in original language and its unofficial translation into English with reference details
" Thus, in the case in hand, the facts reveal, at the very least, indirect, de facto differentiation based on the irregular administrative status of S.J. and, by extension, her national origin." "The Committee also notes the author’s argument that, despite the official recognition contained in national legislation, the facts reveal that, in practice, S.J., like other children with an irregular administrative status living in Melilla, faces obstacles that prevent her enrolment "
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