Justice recognizes the Spanish nationality of a girl born while her mother migrated to Spain | Spain | The USA Print


Last April, a health worker attended to the mother of a newborn in the port of Arguineguín (Gran Canaria).
Last April, a health worker attended to the mother of a newborn in the port of Arguineguín (Gran Canaria).Elvira Urquijo A. (EFE)

Little Anna was born seven years ago in a private home in Agadir (Morocco) during the trip her mother, Mayi, was making from Cameroon, with Europe as her final destination. In May 2018, both managed to enter a small boat in Spanish territory and managed to settle in Spain. Since then, the minor has lived without official documentation and has lacked nationality. She is not Cameroonian like her mother, nor is she Moroccan, and the Spanish authorities did not want to offer her any solution to her stateless situation. The Provincial Court of Gipuzkoa has now ruled that Anna’s fundamental rights have been violated and obliges the State to repair the damage caused by granting her Spanish nationality. It is the first time that this right has been recognized for a person born during the migratory transit to Spain.

Anna’s mother tried on numerous occasions since her arrival in Spain for her daughter to be recognized in Spain. All her attempts failed due to the refusal of the authorities, who prevented her from registering for her in San Sebastián, where both have her residence. She was repeatedly denied a residence permit for her little girl, which prevented her from having a passport. Mayi finally decided to go to court to denounce that the refusal to register the birth of the minor was preventing her from registering and obtaining Spanish nationality and, consequently, she was not allowed to have access to public health nor could she attend school normally, among other things. personal damages.

A court in San Sebastian ruled last November that the minor’s fundamental rights had been violated and ordered the Civil Registry to register her birth “out of time” and proceed to recognize her Spanish nationality. The ruling was appealed by the General State Administration before the Court of Gipuzkoa, which has decided to dismiss it and confirm the sentence that recognized the rights of the minor.

“I am a partially happy mother”, Mayi has assured Cadena Ser. “Having a baby without any registration is not an easy situation; Watching your innocent daughter grow up without any documentation is horrifying and undesirable. Some mothers cry because their children are sick and others because of the lack of a signature on a piece of paper so that their children can be identified as integral beings in a community. The latter is my case.”

The court ruling recalls that the mother has done everything possible to prevent her daughter from being considered stateless. In March 2019, she requested by letter to the Cameroonian ambassador in Spain that Anna’s birth be registered, but the request was rejected by the authorities of that country because the girl was born in Morocco. In March 2021, she wrote to the Moroccan ambassador in Spain to obtain that country’s passport, but received no response. Throughout this period she has also tried it in Spain: first she applied to the Civil Registry of San Sebastian for “the declaration with the value of simple presumption of Spanish nationality” for her daughter, but it was denied. Nor was he given the possibility of registering in the Donostiarra register.

Anna has turned seven years old and lacks nationality, which means being “deprived of access to numerous services that involve attention to fundamental rights such as education or physical integrity, among others,” states the court ruling. This judgment concludes that “only according to the word of the mother is it known that the minor was not born in Spanish territory, but in the absence of any other evidence regarding her place of birth, it can be considered that in fact her first known place of stay has been the Spanish territory, given its irregular entry aboard a small boat”. And it resolves that not recognizing her nationality by the Spanish authority “supposes placing the minor in a stateless situation with violation of her fundamental rights.”

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Read the judgment of the Provincial Court. If you can’t see it, click here.

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