Spain / CRC / C / 95 / D / 165/ 2021

Country

Spain

Title

Spain / CRC / C / 95 / D / 165/ 2021

View full case

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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