Experts of the Committee on the Rights of the Child Commend Spain for Legislation Protecting Children against Violence, Raise Questions on Child Poverty and Children’s Participation in Bullfighting Events
The Committee on the Rights of the Child today concluded its consideration of the seventh periodic report of Spain under the Convention on the Rights of the Child, with Committee Experts commending the State party on recent legislation that comprehensively protected children and adolescents against violence, while raising questions on how Spain was tackling child poverty and limiting children’s exposure to violent events, such as bullfighting.
Bragi Gudbrandsson, Committee Expert and Country Taskforce Member, congratulated Spain on the wonderful piece of legislation, organic law 8/2021 which put Spain at the forefront of the campaign against violence in Europe. The Committee looked forward to following the implementation of this legislation.
Rosaria Correa, Committee Expert and Country Taskforce Member, said Spain had a serious problem with child poverty, with recent statistics showing that poverty had become worse. Had the State conducted an assessment into how these could be included in the announcement for the strategic plan? Was Spain taking measures in the short, medium and long term to improve the impact? How was the State tackling poverty within the protection system? How did the State plan to guarantee that public policies had a true impact on poverty reduction?
Another Expert asked how children were being protected against violence when it came to events such as bullfighting? What justifications did Spain have to allow minors to participate in bullfighting? What measures was the State putting in place across the autonomous communities to ensure protection against violence for children? What safeguards existed to ensure that children’s participation in such events was voluntary in cases where it was allowed and free from family pressure? What steps were being taken to ensure cultural heritage did not undermine Spain’s obligations under the Convention?
The delegation said the State had seen a six per cent decrease in child poverty rates, which the country admitted was high. The compact on eradicating child poverty was being debated in parliament this year and was nearly ready to be formally presented. It contained binding commitments, including the parental and child allowance, and structural measures to break the cycle of poverty, including in the areas of housing and the Roma. A key element was an increase in the State budget to combat child poverty.
The delegation also said the State agreed with the Committee’s concerns expressed around bullfighting. Some autonomous communities had limited the age of assisting in a bullfight to 12 years and it was 16 years in others. Certain measures were being developed within act 8/2021, but they were not yet enforced. To consider the best interests of the child, Spain wanted to provide special protection for children regarding events where there were acts of violence, including relating to animals.
Introducing the report, Sira Abed Rego, Minister of Youth and Childhood of Spain, said Spain had taken the Committee’s 2018 recommendations as a roadmap for continuous improvement, using them to guide a sustained process of reforms and to strengthen the need to place children's rights at the centre of public action. A major development had been the comprehensive approach to violence against children, notably through the adoption of organic law 8/2021 on the comprehensive protection of children and adolescents against violence. Additionally, the proposed organic law for the protection of minors in digital environments established obligations for digital service providers, reinforced age-verification systems, limited access to harmful content, and addressed designs that fostered children’s exposure to addiction or harm.
In closing remarks, Philip Jaffe, Committee Vice-Chair and Country Taskforce Coordinator, acknowledged the efforts of the large delegation to participate in the Committee’s dialogue. The Committee hoped that Spain would continue to invest in the structures necessary for all its children to enjoy their rights under the Convention.
In her closing remarks, Ms. Rego thanked the Committee members for their time, recommendations and comments. Spain hoped that the adoption of law 8/2021 would give the State more tools to move forward. Violence against children was not inevitable and was not acceptable. Spain would continue in this fight, as well as continuing efforts towards eradicating poverty and regulating the digital environment.
The delegation of Spain consisted of representatives from the Ministry of Foreign Affairs, European Union and Cooperation; the Ministry of Justice, Presidency and Relations with the Courts; the State Secretariat for Justice; the Ministry of the Interior; the Ministry of Health; the Ministry of Social Rights, Consumer Affairs and Agenda 2030; the Ministry of Equality; the Ministry of Inclusion, Social Security and Migration; the Ministry of Youth and Children; and the Permanent Mission of Spain to the United Nations Office at Geneva.
The Committee will issue the concluding observations on the report of Spain at the end of its one hundredth session on 30 January. Those, and other documents relating to the Committee’s work, including reports submitted by States parties, will be available on the session’s webpage. Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here.
The Committee will next meet in public on Thursday, 22 January at 3 p.m. to consider the combined second to fourth periodic report of Malaysia (CRC/C/MYS/2-4).
Report
The Committee has before it the seventh periodic report of Spain (CRC/C/ESP/7) .
Presentation of Report
SOPHIE KILADZE, Committee Chair, expressed sincere condolences to the nation of Spain regarding the tragedy caused by the train accident, in which over 14 people died and more than 10 children were injured. Ms. Kiladze also acknowledged the children attending the session who were elected child representatives from Lyon, France.
SIRA ABED REGO, Minister of Youth and Childhood of Spain, conveyed a message of solidarity and support to the people affected by the tragic railway accident in Adamuz.
Spain had taken the Committee’s 2018 recommendations as a roadmap for continuous improvement, using them to guide a sustained process of reforms and to strengthen the need to place children's rights at the centre of public action. A major development had been the comprehensive approach to violence against children, notably through the adoption of organic law 8/2021 on the comprehensive protection of children and adolescents against violence. This law redefined violence against children as a collective responsibility of the State and as a human rights issue. Its implementation was supported by the State strategy for the eradication of violence against children and adolescents, and current reforms aimed to strengthen early detection, victim support, and the right of children to be heard, including removing age limits that restricted participation.
This comprehensive and preventive approach also guided Spain’s action in the digital environment. The proposed organic law for the protection of minors in digital environments established obligations for digital service providers, reinforced age-verification systems, limited access to harmful content, and addressed designs that fostered children’s exposure to addiction or harm. The law shifted the burden of protection from families to those who designed and profited from digital platforms. Its implementation would be supported by a coordinated national strategy. Spain had adopted the State strategy for the rights of children and adolescents 2023–2030, which set measurable objectives, follow-up mechanisms, and acted as a common framework for all administrations. For the first time, Spain had a Ministry of Youth and Children, providing stable political leadership.
Territorial cohesion remained a priority in Spain’s decentralised system. Reforms such as the amendment of article 35 of the aliens act aimed to guarantee the reception of unaccompanied migrant children and reinforced a shared responsibility among regions. A royal decree on foster care was also underway to improve care quality nationwide. Mandatory reporting on the impact of the State budget on children had led to improved rights-based budgeting. Social protection measures, such as the basic living income and the childhood supplement, had expanded support for vulnerable families, though child poverty remained a structural challenge. Spain was addressing this through the European child guarantee action plan 2022–2030, a proposed State pact against child poverty, and plans to provide universal parent and child allowances.
Spain had approved the comprehensive law on equal treatment and non-discrimination, which strengthened the protection of vulnerable children and went hand in hand with policies on inclusive education, disability, migrant children, and participation. Child participation was increasingly integrated into policymaking, with a commitment to making it systematic rather than symbolic. A current focus was to include the voice of children in the development of all policies. While significant challenges remained, including child poverty, violence, mental health, and digital risks, Spain’s commitment to the Convention remained firm. Guaranteeing the rights of children was not a policy option; it was an obligation for the State.
Questions by Committee Experts
CEPHAS LUMINA, Committee Vice Chair and Country Taskforce Member, extended condolences to the delegation of Spain on the tragic loss of life due to the train incident. Organic law 8/2021 provided a robust framework for the protection against violence. Were there any plans to develop a procedural mechanism to address the impact of this act on children? How did the State ensure uniform application of child rights and related legislation across autonomous communities? How was the strategy for the rights of children and adolescents implemented at regional levels and how was its impact assessed? Was there coherence between the policies of municipalities, autonomous communities and the Government? How did the State ensure that the budget for children translated into actual allocation of resources for children at risk of poverty or exclusion?
Spain had adopted a series of reforms last year to combat corruption; what was the status of these announced reforms? When would Spain be able to provide disaggregated data to guide public policy and measure inequalities? Spanish legislation guaranteed children’s access to complaints mechanisms. What steps were being taken to ensure all children had access to complaints mechanisms and effective remedies? How did the State ensure the child-friendly accessibility of the Ombudsman and regional equivalents for monitoring children’s rights? How were children’s associations meaningfully involved in policy design? How did Spain ensure that children’s rights were mainstreamed within humanitarian cooperation? How did the State ensure the effective accountability of businesses whose activities impacted children’s rights?
PHILIP JAFFE, Committee Vice-Chair and Country Taskforce Coordinator, said non-discrimination was a central pillar of the Convention; how did the recent anti-discrimination legislation, including the lesbian, gay, bisexual, transgender and intersex equality act, combat structural discrimination affecting a range of groups in housing, education, access to health care, and social protection? How was the State combatting online hate and racism? Spain had one of the highest poverty levels in Europe, especially among large families, single parent households, and Roma children. What measures were being put in place to reduce the disparities between these groups and territories? How did Spain ensure equal health care for migrant children and others excluded due to other administrative barriers?
What steps were taken to ensure that family courts prioritised children’s interests and safety in cases of gender-based violence, including in ordering contact with an alleged perpetrator, often against the wishes of the child? What measures were being taken to protect children’s harmonious development from poverty, food insecurity and poor housing? How were these actions coordinated across all levels of government? How was Spain ensuring that national child and adolescent participation councils were adequately resourced and inclusive of all vulnerable groups of children? How was training of child friendly participation and communication being provided to all professionals working with children?
ROSARIA CORREA, Committee Expert and Country Taskforce Member, welcomed the large delegation of Spain and expressed condolences for the accident, which was one of the worst to ever happen in the country. Why had there not been legislative reform guaranteeing the full articulation of article seven of the Convention? What reasons did Spain have for not ratifying European conventions on statelessness? Could the State explain restrictions to the Civil Code where some children could not access the nationality of their parents? There was ongoing inconsistency between legal prohibition and practice of the rights of children to know their origins. How did the State envisage tackling this issue? How was it ensured that children expressed their freedom of expression and thought, conscience and religion? Were there specific mechanisms to protect children from restrictive practices by local authorities or confessional school environments?
How was freedom of association beyond schools guaranteed? How was the age verification system implemented and how did the State ensure there was no digital exclusion? How would Spain ensure significant participation in the compact being drafted by the State? What measures were being applied to protect children in vulnerable situations in the digital environment?
BRAGI GUDBRANDSSON, Committee Expert and Country Taskforce Member, congratulated Spain on the wonderful piece of legislation, organic law 8/2021 which put Spain at the forefront of the campaign against violence in Europe. The Committee looked forward to following the implementation of this legislation. A core component of the act was the protection and prevention coordinator, which aimed to ensure schools were a safe environment. According to sources, no autonomous region had fully implemented this law. Could the delegation inform on the implementation strategy?
The deaths of children as a result of gender-based violence had been a central debate of the Government. The uneven territorial deployment of crisis centres for sexual violence was concerning. Were there any measures in the pipeline to improve this situation? Were there any plans to apply more interagency approaches to address domestic violence? Mr. Gudbrandsson said he had been happy to read about the introduction of Barnahus in Spain in Catalonia. Was there an external mechanism to oversee the Barnahus model in Spain? Had Spain considered raising the age of pretrial hearing from 14 to 18. Did the restructuring of courts fit with the Barnahus model? What measures was the State taking to tackle online bullying as well as bullying in schools?
The Committee welcomed progress Spain had made in protecting children from trafficking and prostitution through legislation. Did the State party provide free, psychosocial support to victims? What measures aimed to combat the exploitation of children in the context of travel and tourism?
Responses by the Delegation
The delegation said there was a solid oversight system to protect children in the digital environment. The State would amend the organic law on data protection to change the age of consent for sharing data to 16. A mechanism had been created to prevent children from accessing pornography. Spain had appointed a Commission on Competitiveness to coordinate digital services by applying European Union standards, which could report violations of children’s rights. Since June, Spain had been working with France and Greece and other countries to develop article 28 on the regulation of digital services, putting in place measures for age verification, including through developing projects such as the digital identity wallet.
Spain had a solid legal framework for education to guarantee against online and offline harassment of children. An organic law had been developed to combat all forms of cyber harassment. The State had been working towards digital literacy and aimed to ensure this was acquired by all school children. Eighty per cent of school staff had been trained to pass on this learning to children, and support had been provided to teachers to implement digital plans.
The State aimed to create a positive environment in all educational facilities. There was a free phone hotline, which enabled any child to report an aggression or attack, either which they had experienced or witnessed.
In 2021, the basic living income was put in place to ensure social inclusion. The Government ensured that this benefit reached all citizens throughout the territory. It reached 2.3 million people, with more than a million of them being children. There was also additional aid provided to households living in extreme poverty, as well as extra benefits for single parent households.
The State had seen a six per cent decrease in child poverty rates, which the country admitted was high. The compact on eradicating child poverty was being debated in parliament this year and was nearly ready to be formally presented. It contained binding commitments, including the parental and child allowance, and structural measures to break the cycle of poverty, including in the areas of housing and the Roma. A key element was an increase in the State budget to combat child poverty. The State believed that child poverty could be reduced by 10 per cent by 2030.
There was a national strategy in place for the participation of the Roma community, with a focus on children, recognising that children and young people from this community faced many disadvantages. To achieve proper housing for this group, a strategy was in place including different measures to combat segregation. The gypsy development plan focused on the most vulnerable part of this community and financed projects. The national strategy against energy poverty contained measures to protect consumers, particularly those with lower incomes.
There was a firm commitment by Spain to combat corruption, and the State promoted an anti-corruption climate, including by creating an interministerial Committee in this regard. Forced labour was established in the Criminal Code, and was met with aggravating circumstances if the victim was a minor. The crime of trafficking existed within the Criminal Code.
Organic law 8/2021 amended the Civil Code in cases of gender-based violence, ensuring provisions were made in the best interests of the child. The organic law 1/2026 meant that when judges were involved in the appropriate act of the law, the courts should include a study on the best interests of the child. This was being implemented across various regions.
Spain now had a draft bill on vicarious violence, which was being included in the Spanish legal order and was a key legal instrument to define this violence and provide protection for victims. The State was currently receiving contributions from different ministries and hoped to finalise the draft soon. The law guaranteed that the best interests of the child must always prevail and ensured protection against the abuse of children. The law on trans people specifically focused on respect for the protection of the child.
There needed to be coordination with the Barnahus model and the 24-hour crisis centres being rolled out across the regions. Gender-based violence could not be addressed through a single institution or Government entity. Organic law 10/2022 on sexual freedoms laid the grounds for the implementation of the Barnahus model.
Spain had a joint project with the European Union and the Council of Europe which aimed to tailor the Barnahus model to the various regions of Spain. This was currently in its second phase and pilot projects had been conducted in autonomous regions. In 2025, Spain published a guide on how to communicate on sexual violence. There was specialised training for individuals providing care to minors who had suffered from sexual violence. Spain was gradually implementing the Barnahus model in the country with a view to avoiding the revictimisation of children who were victims of sexual violence.
Minors were the most vulnerable victims of trafficking and sexual exploitation. The security forces in Spain made a great effort to detect these victims. The latest national strategy against human trafficking and sexual exploitation would be published in the next few months. The State had strengthened the number of inspections which took place in suspicious areas and held regular meetings with the Ministry of Labour. Since 2016, the local coordinator role had been created, with this person acting as a contact point for the Government. There were also specialised units involved in the national police, primarily for supporting the family and women. There were more than 3,000 officers within this unit, trained on prosecuting international crimes. Investigation teams were also set up in countries of origin or transit.
All children and adolescents in Spain had full access to all services within healthcare, regardless of their administrative status. The child vaccination programme had been expanded along with neonatal provision of care. The Ministry of Youth and Childhood was currently assessing the strategy to eradicate violence against children and the 2023 strategy on childhood and adolescence. A register was being developed which would include information from the Police and Judiciary, providing data on the level of violence against children in the country. The State had conducted prevalence of violence studies and planned to do so regularly to expand the information received in this area.
Children were prevented from assisting in violent entertainment with animals, such as in bullfighting. When a child reported that they had been subjected to any form of violence, specialised healthcare and other services were provided. If a child rejected wanting to live with their family, this needed to be investigated. All children in Spain had the same rights without any discrimination on the grounds of nationality. Child migrants were protected by the child protection systems put in place by the autonomous communities and there was no special guardianship system for migrants. Mobile clinics had been established for the healthcare of migrant children.
There were different institutions in place to ensure coordination between the different administrative units in Spain, ensuring administrative cooperation and coordination in the implementation of policies in the autonomous communities. If one of the communities did not shoulder their responsibilities, the State would step in to shoulder the services. Surrogate pregnancies were not legal in Spain. There had been a case with a Mexican surrogate mother, where the court had rejected the surrogacy contract but had not deprived the child of their connection to the mother.
The Ombudsman was a constitutional body in Spain and was appointed every five years, with a law which enshrined its operations. Spain had ratified the two United Nations conventions on statelessness. A specific ministry had been established for children in Spain and the country was aware of the issues which children faced. Spain had consistently included children in the design of public policy, including through a youth law which had seen the participation of children and adolescents in its drafting. The State Council for Child Participation was being strengthened to ensure the involvement of children throughout the country.
Questions by Committee Experts
BRAGI GUDBRANDSSON, Committee Expert and Country Taskforce Member, said the Committee was increasingly concerned by the number of children in the protection system, particularly the increase of children in institutional care compared to foster care. The large-scale or macro institutions were of particular concern. Could the State inform on the implementation of the deinstitutionalisation strategy. Would the large-scale macro centres be prioritised in the process? Had the State taken measures to improve the recruitment of foster parents and provide them with training and support? What were the reasons for the poor levels of children who were reunited with their families? Had quality standards been established in residential care with a monitoring mechanism? There had been concerns regarding the visitation rights of children of incarcerated parents. Was an exercise underway to improve these rights?
The Committee commended the State for the strategy which accompanied the national plan for persons with disabilities. Would Spain organise data collection on children with disabilities in the context of the strategy and establish a monitoring system in this regard? Would Spain conduct regular assessment of the strategy? What measures had been taken to ensure children with disabilities had access to early detection, service and appropriate delivery? What measures were being taken to prevent the institutionalisation of children with disabilities?
PHILIP JAFFE, Committee Vice-Chair and Country Taskforce Coordinator, asked how Spain planned to address the low levels of paediatricians in the country? Was there an overall strategy to address the mental health needs of children and adolescents in Spain? There seemed to be high levels of obesity among children and adolescents; what progress was being made in regard to the national plan for childhood obesity? What new measures was the State taking to reduce the availability of smoking and vaping products to minors? How would compliance be monitored? Were there any new developments in combatting drug usage and operating accessible treatment centres for adolescents?
Could the State clarify reports about medical procedures being conducted on intersex children without their consent? What kind of counsellors were available in schools for adolescents and children with mental health issues? What measures were being taken to improve environmental health around schools? What was being done concretely for children to participate in shaping policies in the field of environmental issues? Could the State comment on a specific promotion taking place to promote breastfeeding in vulnerable groups? Was there a reliable repository of data on children and mental health issues? What programmes had been developed to combat racism in schools? Why were unaccompanied migrant children not placed directly in the protection system?
ROSARIA CORREA, Committee Expert and Country Taskforce Member, said Spain had a serious problem with child poverty, with recent statistics showing that poverty had become worse. Had the State conducted an assessment into how these could be included in the announcement for the strategic plan? Was Spain taking measures in the short, medium and long term to improve the impact? How was the State tackling poverty within the protection system? How did the State plan to guarantee that public policies had a true impact on poverty reduction? There were thousands of children living without electricity; what was being done by the State to rectify this problem? Could information be provided on the population of children who were out of school?
CEPHAS LUMINA, Committee Vice Chair and Country Taskforce Member, referenced the 2021 return of Moroccan children; what concrete safeguards had been put in place to prevent similar violations in emergencies? How was the principle of the best interest of the child applied in cases of asylum applications? How did the State monitor and address child labour, particularly in agriculture? Were there any strategies to address the root causes of children in street situations? How did the State ensure that export licensing decisions fully assessed and addressed any risk of contributing to violations of children’s rights in armed conflict?
Responses by the Delegation
The delegation said an act was passed in 2023 to guarantee the rights of lesbian, gay, bisexual, transgender and intersex persons, focusing on childhood. The act guaranteed safe and inclusive schooling, comprehensive healthcare, the possibility for changing sex, and protection from violence, among other provisions. The royal decrees on curricula highlighted clear competencies to teach children to live together, including citizenship, plurilingual skills, and cultural awareness.
In 2021, there was a diplomatic crisis with Morocco after a collective expulsion of people took place, including many minors. The Supreme Court had ruled that this was an illegal situation which should not occur in the future.
Entities had been created to ensure that children who were victims could have appropriate support from prosecutors. When an undocumented minor was found and their age could not be determined, they would be handed over to the service for the protection of minors. In the case of any uncertainty, the State assumed they were minors. Spain currently had a project to reform the Civil Code on the age of criminal responsibility for minors that was currently going through the Congress. As soon as unaccompanied minors arrived in Spain, they were covered by the child protection system.
Spain had a specialised unit focused on tracing hate speech online. In 2018, Spain created the national office to combat hate crimes which gathered information and conducted strategic analysis. It utilised strategic actions to combat hate crimes and to ensure better prosecution of such crimes. Awareness raising campaigns had also been conducted across social networks in this regard. A protocol had been developed to combat hate speech online, through bolstering the capacities of service providers.
In 2024, Spain was the country which received the second largest number of requests for protection in the European Union, with a large portion of these requests being from minors. In 2025, Spain resolved more than 160,000 cases of international protection requests, which was the largest number in the history of the country. More than 20,000 of these cases had involved minors.
In some cases, there were households which could access benefits but did not apply for them; the State was working to address this through information campaigns, including the arriving campaign, and it was introducing mobile applications. The State had worked to compliment other benefits with the basic income.
There was now a 40 per cent prevalence of breast feeding in Spain, with mothers increasing the time they were breastfeeding. Government support was provided for maternal breast feeding, and an agreement had been signed on humanising breast feeding and maternity. A national breastfeeding compact had also been created with all the autonomous communities. The most recent study showed a decrease in obesity rates among adolescents, with one in five adolescents being overweight or obese. The State was working on a royal decree prohibiting the consumption of tobacco products by children. Various investigations were being carried out on vaping, limiting the use of aromas and flavours which were appealing to young people, and working on a law banning them for those under 18 years of age.
A Mental Health Commissioner had been established to promote intersectoral policies. In 2024, in cooperation with autonomous communities, the mental health plan and the suicide prevention plan were approved, with the latter being the first of its kind in Spain. The plans included a perinatal initiative for the first time. In 2021, a psychiatric unit for children was set up with the aim of promoting child psychological training.
Spain was one of the few countries in the world which legally prohibited unnecessary surgery on intersex children without prior and informed consent. Support centres were provided for trans people, and the State planned to develop these further.
Spain was adopting a deinstitutionalisation strategy for children living in residential centres and was promoting alternatives and putting programmes in place for care within the family. The State aimed to ensure family care centres were fully involved in the community, and had provided training to key stakeholders in the community, working with child rights defenders and civil society. A royal decree promoted early intervention by social services to ensure children did not have to leave their homes. There was ongoing training in the case of family reunification. Spain had a minimum framework ensuring psychosocial and housing support. Despite the difficulties, there had been success, with 72 per cent of children from the care system involved in the social security system.
Spain was strongly affected by climate events and had developed plans to focus on this area, with actions targeting children and other vulnerable sectors of society. There was a network of climate refuges to protect people from heatwaves. Medical care and psychosocial support had been stepped up, and an annual agreement had been drawn up involving multiple stakeholders. Thinking of the events of 2024, the Government had allocated budgets to care for the children affected and ensure safe spaces. There had been workshops on the rights of future generations held with children, which helped the Government develop policies.
Every child moving from primary school to secondary school needed to have their profile validated, which involved checking if each child was aware about global challenges, including the degradation of the environment. All teachers were trained to this end. There was an emergency plan in place within the education sphere; it was compulsory for all teachers to engage in training and for all children to attend a talk on how to act in the event of a disaster. Education in Spain was mandatory from the age of six to 16, including for foreign citizens living in Spain.
In May 2022, the Spanish strategy on disability was adopted, including measures to guarantee the rights of children with disabilities. The plan drove awareness raising campaigns to combat stigma and discrimination against disability.
New plans were being established, including the plan on rehousing, which had significant Government investment to avoid the establishment of informal slums. Child obesity had become a State concern, and canteens had become key players in influencing the dietary habits of children. It was ensured that appropriate food was made available. Spain had a complete embargo on weapons being exported to Israel for use in Gaza. The State had also established an arms embargo for exports going to Syria, Yemen and Venezuela.
Questions by Committee Experts
CEPHAS LUMINA, Committee Vice Chair and Country Taskforce Member, reminded the delegation that the questions on the allocation of resources were firmly anchored in the binding legal obligation of the Convention, underscoring the importance of making children visible in budgets. It was important for the Committee to assess how budgetary allocations were impacting the lives of children. Had the universal child benefit been implemented? What was the amount and the coverage?
Committee Experts asked follow up questions relating to exposing children to cruelty against animals, in relation to bullfighting, and whether Spain would include the prohibition of children in hunting activities involving firearms; the procedure taken for children to be put into institutions; care plans in institutions; appeals on age assessment; birth registration for children from the Roma community and those who were not declared and how to encourage Roma to register children; obtaining birth certificates; how Spain was combatting high levels of child obesity; how children could file complaints when their rights were violated; how many children were involved in the pursuit of arms; how to tackle the high rates of domestic violence; how unaccompanied children were prevented from ending up in street situations; concrete actions to fight hate speech in the digital environment; whether Spain was specifically addressing artificial intelligence in children’s rights; and how Spain was ensuring effective age verification.
PHILIP JAFFE, Committee Vice-Chair and Country Taskforce Coordinator, said the wellness and protective posts in schools were occupied by teachers, who children often reported as not trusting. Would outside specialists be considered?
ROSARIA CORREA, Committee Expert and Country Taskforce Member, asked how Spain was managing mechanisms and procedural guarantees to ensure children had effective access to protection?
BRAGI GUDBRANDSSON, Committee Expert and Country Taskforce Member, asked for clarification on whether gender-based violence and child abuse were dealt with in separate sections in the structured courts.
Another Expert asked how children were being protected against bullfighting? What justifications did Spain have to allow minors to participate in bullfighting? What measures was the State putting in place across the autonomous communities to ensure protection against violence for children. Had Spain conducted a child rights impact assessment on child participation in bullfighting events and in bullfighting schools? What safeguards existed to ensure that children’s participation in such events was voluntary in cases where it was allowed and free from family pressure? What steps were being taken to ensure cultural heritage did not undermine Spain’s obligations under the Convention.
Responses by the Delegation
The delegation said Spain took the eradication of violence against children very seriously and had made great strides in this field since 2018, including law 8/2021, which was a landmark achievement, as well as the survey on violence. Child poverty was a core and structural issue for Spain which had been impacting the country for decades. During the pandemic, Spain had implemented a social protection mechanism to ensure no person would fall into exclusion or vulnerability; however, the State had not fully been able to close the gap of poverty. Addressing housing in the country was an emergency issue. The State compact included the participation of youth and children in the country and would include a directive on numerous measures.
The digital environment was a societal challenge within the twenty-first century. Spain was aiming to tie all legal arsenal to the digital environment, as it brought about many challenges. The country was taking significant steps to combat school dropout, including through the creation of 50,000 public spaces for infants.
A Committee had been established which was tasked with adopting follow-up reports and responses, including those of the Committee on the Rights of the Child. Civil society organizations were invited to participate in these meetings. Children under the age of 14 were not considered to be criminally responsible. If a child under 14 committed a crime, the child protection system stepped in. Minors who were victims had the right to take part in hearings that involved them.
Spain had wide wi-fi coverage which could be easily accessed, as well as a “wallet” system to ensure official identity documents could be issued.
There were no children officially living in the street in Spain. If police services detected a child living in the street, they automatically implemented a protocol which would investigate why this child was in a vulnerable situation. An investigation would be launched, and authorities would aim to find a solution. There were no statistics on children living in the streets, as this situation did not exist.
The legal framework governing hate crime was the Criminal Code, with the penalties set out according to age. At the police level, there were specialised staff members to support children who were victims of hate crimes. A policy had been developed which governed the conduct of the police in intervening in these situations, particularly hate crimes which took place online.
The general requirement for accessing basic income was permanent residency in Spain for two years, but this was flexible, including for victims of trafficking and gender-based violence. Another criterium was the level of income, with people being eligible to access the benefit if their income fell below a certain threshold.
The 40 per cent figure referenced by the Committee regarding children’s weight referred to both obesity and overweightness. The number of obese children in the State had dropped in recent years and the State was implementing various measures to address this issue. A national preventive health system was in place focusing on lifestyles and positive parenting. There was a map in Spain of local health services, which coordinated with local authorities and autonomous communities in implementing strategies to promote healthy eating and emotional wellbeing for children. The State had introduced programmes such as encouraging children to walk to school, had a website on healthy lifestyles, conducted campaigns on health eating, and was aiming to reduce regulations on food for children.
Before a child was sent to a residential care centre, the State turned to the extended family to minimise the impact on the child, trying to keep family unity and ensure siblings stayed together. A care plan was assessed periodically focusing on family reunion. This needed to be implemented before any child entered an institution.
The State agreed with the Committee’s concerns expressed around bullfighting. Some autonomous communities had limited the age of assisting in a bullfight to the age of 12, and it was 16 years in others. Certain measures were being developed within act 8/2021, but they were not yet enforced. To consider the best interests of the child, Spain wanted to provide special protection for children regarding events where there were acts of violence, including relating to animals. Anyone above the age of 14 was free to hunt but needed to be 18 if they were using firearms.
People could only be restrained in facilities under certain circumstances and only by their wrists. Any restraint needed to be immediately reported to the prosecutor’s office and recorded at the residential facility.
Spain had a significant number of draft bills and decrees in the pipeline, including the State compact on children, the plan of action on mental health, and the plan overseeing the participation of civil society, among many others. This raft of legislation demonstrated the seriousness that Spain attached to the Committee’s recommendations. There was extensive work being done in Spain to protect children’s rights.
A group of 50 experts in the digital sphere from a range of backgrounds had carried out an impact study of the digital environment, finding violence between peers as a key challenge. Generally, there had been a drop in crimes, but the way violence was exercised on others was changing with the digital environment. Spain aimed to have a framework which protected all of society, but children in particular. A law on online violence was before parliament which would be a watershed.
Closing Remarks
PHILIP JAFFE, Committee Vice-Chair and Country Taskforce Coordinator, acknowledged the efforts of the large delegation to participate in the Committee’s dialogue. The exchange highlighted progress achieved and the gaps in the issues which remained, including poverty. The Committee encouraged the State party to build on this momentum, with the full participation of children and a vibrant civil society. The Committee hoped that Spain would continue to invest in the structures necessary for all its children to enjoy their rights under the Convention.
SIRA ABED REGO, Minister of Youth and Childhood of Spain, thanked the Committee members for their time, recommendations and comments. Spain hoped that the adoption of law 8/2021 would give the State more tools to move forward. For too long, violence had been dealt with in the private sphere; it was a policy decision to break this silence, as a technical amendment and a culture which had changed. Violence against children was not inevitable and was not acceptable. Spain would continue in this fight, as well as continuing efforts towards eradicating poverty and regulating the digital environment. What was happening in Gaza could not be taken as another event; genocide happened due to people’s willingness to put up with it.
SOPHIE KILADZE, Committee Chair, acknowledged the large and high-level delegation of Spain whose members had attended the dialogue, and congratulated Spain for everything that the Government had achieved for children. There were significant challenges which were difficult to overcome, but with the State’s commitment and work, it was possible.
___________
Produced by the United Nations Information Service in Geneva for use of the media;
not an official record. English and French versions of our releases are different as they are the product of two separate coverage teams that work independently.
CRC26.006E