The Higher Prosecutor’s Office of the Canary Islands presented this morning, before the Administrative Litigation Chamber of the High Court of Justice of the Canary Islands (TSJC), an appeal administrative litigation against the Territorial Protocol of reception of foreign migrant minors unaccompanied in the Autonomous Community of Canary Islandspublished on September 12, according to a press release published this Wednesday.
This statement indicates that the Office of the Prosecutor understands that “the protocol violates the fundamental right to the principle of equality recognized in Article 14 of the Constitution and in the Convention on the Rights of the Child, as well as the fundamental right to moral integrity recognized in Article 15 of the Constitution.”
In the same appeal, the press release states, the public prosecutor asks the court, as a very conservative measure, “suspension of the above-mentioned Protocol”since its execution implies “the lack of immediate attention to the situation of evident helplessness of minors who arrive from the sea to the coasts of the autonomous community.”
The new protocol approved by the Canary Islands government implies that before handing over the minor to the authorities of the islands, a prior examination of the minor’s status is required. IDENTIFIERtheir registration in the Register of Unaccompanied Foreign Minors (RMENA) where applicable, and an administrative resolution of the mission or place individualized by the corresponding public body, after hearing the minor, in the presence of an interpreter of his mother tongue or another language that he can understand, and with the knowledge of the prosecutor.
Once the availability of a place has been confirmed, the reception of the minor by the autonomous community issued by State agents will be carried out in the police stations of the Autonomous Police of the Canaries or, if they do not exist, in authorized places.
