The protection of foreign minors in Spain is not just a legal matter but also an ethical obligation of the state. The arrival of unaccompanied foreign minors, known as MENAs, poses significant legal, social, and humanitarian challenges. In this context, the Public Prosecutor’s Office for Minors plays an essential role in the guardianship, identification, and defense of the rights of these children.
Throughout this article, we explain how the Public Prosecutor’s Office acts in these cases, what rights foreign minors have in Spain, and how their regularization and access to fundamental services like education and healthcare are guaranteed.
Who are Unaccompanied Foreign Minors?
These are individuals under 18 years of age, of non-Spanish nationality, who arrive in Spain without a legally responsible adult. In 2024, the Ministry of the Interior reported a significant number of MENAs under guardianship, with the highest concentrations in Andalusia, Catalonia, and the Canary Islands.
The Role of the Public Prosecutor’s Office for the Protection of Foreign Minors
The Public Prosecutor’s Office (Fiscalía) has a central role in safeguarding the interests of unaccompanied minors.
- Age Determination: If there is doubt or a lack of documentation, the Public Prosecutor’s Office authorizes medical tests (wrist x-rays, etc.), while respecting the minor’s dignity and prioritizing the presumption of minority.
- Provisional Guardianship: The minor is placed under the protection of the autonomous community while their situation is analyzed, with supervision by the Public Prosecutor’s Office.
- Guarantee of Fundamental Rights: The Fiscalía ensures the minor’s protection, preventing abuse or discrimination.
Right to Education, Healthcare, and Regularization
Foreign minors have the same fundamental rights as Spanish children.
- Mandatory and Free Education: They have access to primary and secondary education, as well as vocational training.
- Public Healthcare: They are included in the public health system, just like any Spanish child.
- Administrative Regularization: Following the 2021 reform, the process for a residence authorization is initiated after a period of guardianship, streamlining the process from the previous timeframe.
Example: A minor from Morocco without documentation, after being placed under guardianship in Valencia, undergoes age verification tests, is enrolled in school, and once the regulatory period is met, their residence card application is submitted.
Challenges and Progress in Protection
The system still faces challenges, such as meeting deadlines for age determination and a saturation of places in reception centers. However, recent legal efforts have aimed to improve inter-institutional coordination and focus on the best interests of the minor.
The government has also reinforced coordination with law enforcement and the Public Prosecutor’s Office in relocation situations. In cases of migration emergencies (for example, in the Canary Islands), the Fiscalía can order police intervention to ensure relocation when a community refuses to accept minors.
Additionally, new spaces have been created and a special fund has been established to finance these processes.
How to Support These Minors
- Contact the Public Prosecutor’s Office for Minors if you have doubts or see irregularities.
- Seek specialized legal assistance for regularization.
- Facilitate access to integration programs, NGOs, and social services.
- Promote coordination between institutions and guardians.
A robust framework for the protection of foreign minors is a sign of a strong society. The Public Prosecutor’s Office plays a fundamental role in this, but it is a collective responsibility to ensure that these children are protected and can integrate successfully. Understanding the legal process and the rights involved is the first step to ensuring a more humane and effective system for every immigrant in Spain.
If you need personalized assistance, at Entre Trámites we offer management and advisory services on immigration matters. You can contact us through this contact form for us to call you, or if you prefer, you can schedule a free consultation or write to us on WhatsApp.
