Spanish Court Overturns Discriminatory Visa Rule for Moroccan Minors in Melilla

This text lacks a legal basis and constitutes a "discriminatory treatment", compared to Spanish minors and unaccompanied foreign minors including those from Nador. The court made this decision following an appeal by the Spain section of Caritas against the judgment of the Supreme Court of Andalusia which ratified said agreement in the context of the municipal census of the inhabitants of Melilla.

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In its appeal, the Spain section of Caritas explained that registration is a necessary condition for access to basic social services such as education and health, which constitute fundamental rights. Requiring visas for foreign minors before their registration to enjoy their rights is therefore discriminatory and violates their right to education and physical integrity, detailed the applicant.

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In making its decision, the judge insisted on respect for the Convention on the Rights of the Child and the Organic Law on the Legal Protection of Minors, which guarantee the best interests of the child and their right to education, health care and basic social services in Spain. For this reason, he ruled in favor of Caritas and annulled the agreement of the Melilla Government Council concerning the visa requirement for minors from Nador.