Decision; Subjects: RIGHTS OF THE CHILD, SPAIN; [CRC: Kinderrechtskonvention, Übereinkommen über die Rechte des Kindes; Convention relative aux droits de l'enfant; Convenzione sui diritti del fanciullo]
Erwägungen (8 Absätze)
E. 1 The authors of the communication are G.M.O. and J.U.M.P., nationals of Spain born in 1987 and 1974, respectively. They are acting on behalf of J.C.G.F., a Spanish national born on 28 August 2018. The authors claim that the Spanish authorities’ enforcement of a decision to turn a three-year temporary custody arrangement into a permanent adoption would violate the rights of J.C.G.F. under articles 8 (1) and (2), 9 (1)–(4), 12 (1) and (2), 16 (1) and (2), 24 (1) and 27 (1)–(3) of the Convention. The authors are represented by counsel. The Optional Protocol entered into force for the State Party on 14 April 2014.
E. 2 In 2018, the Directorate General of Child and Family Protection granted the authors temporary foster care of J.C.G.F., since his biological parents were unable to provide the child with the necessary care. J.C.G.F. has been living with the authors and has formed a close emotional bond with them and their other children, whom he considers his family.
E. 3 In October 2020, the Directorate General declared J.C.G.F. to be without the protection of his biological parents and confirmed that he was eligible for adoption. This decision entailed the extension of the authors’ temporary custody, with J.C.G.F. to remain in their care until a suitable family was found through the adoption process. The authors
* Adopted by the Committee at its ninety-seventh session (26 August–13 September 2024). ** The following members of the Committee participated in the examination of the communication: Suzanne Aho, Thuwayba Al Barwani, Hynd Ayoubi Idrissi, Mary Beloff, Rinchen Chophel, Rosaria Correa, Bragi Gudbrandsson, Philip Jaffé, Sophie Kiladze, Faith Marshall-Harris, Benyam Dawit Mezmur, Otani Mikiko, Luis Ernesto Pedernera Reyna, Aïssatou Alassane Sidikou, Ann Skelton, Velina Todorova, Benoit Van Keirsbilck and Ratou Zara. United Nations CRC/C/97/D/179/2022 Convention on the Rights of the Child Distr.: General 17 June 2026 English Original: Spanish CRC/C/97/D/179/2022 2 GE.26-08160 challenged the decision of the Directorate General before Court of First Instance No. 15 of Las Palmas de Gran Canaria. They argued that changing the situation of J.C.G.F. from one of temporary custody to adoption would sever his legal ties with his biological parents, and requested that he be placed in their permanent foster care.
E. 4 The authors instituted several proceedings before the Spanish authorities, requesting interim measures to suspend the decision of the Directorate General pending the proceedings before Court of First Instance No. 15. The request for interim measures and subsequent appeals were dismissed, and the matter was pending before the Constitutional Court at the time of the communication’s submission. The Directorate General and the organization SOS Children’s Villages made several attempts to ensure that adequate preparations were made for the change in the child’s status and his possible placement with another family on the basis of the Directorate General’s decision. According to the authorities, the authors refused to cooperate, claiming that they would not willingly participate in the enforcement of decision.
E. 5 In November 2020, the Directorate General confirmed the decision to end the temporary foster care arrangement and decided to assign another foster family until a prospective adoptive family was found. On several occasions, the authorities requested judicial authorization to enter the authors’ residence to enforce the Directorate General’s decision.
E. 6 On 16 March 2022, in accordance with article 6 of the Optional Protocol and rule 7 of its rules of procedure under the Optional Protocol, the Committee, acting through its Working Group on Communications, decided to register the communication. On 30 March 2022, the State Party provided additional information regarding the request for interim measures, informing the Committee that on 17 March 2022 J.C.G.F. had been placed, with judicial authorization, in the care of another family. On 7 April 2022, the Working Group on Communications decided not to request interim measures.
E. 7 On 30 May 2022, the State Party submitted its observations to the Committee, requesting that the communication be declared inadmissible because domestic remedies had not been exhausted and the authors had no authority to act on behalf of J.C.G.F. The State Party’s observations were transmitted to the authors for comment. In the absence of a response from the authors, the secretariat sent reminders to ascertain whether they had lost interest in the communication. The secretariat received no response from the authors.
E. 8 At its meeting on 2 September 2024, the Committee noted the absence of a response from the authors, despite requests for them to submit comments. The Committee therefore decided to discontinue its consideration of communication No. 179/2022, in accordance with rule 26 of its rules of procedure under the Optional Protocol to the Convention on the Rights of the Child on a communications procedure.
Volltext (verifizierbarer Originaltext)
GE.26-08160 (E) 230626 230626 Committee on the Rights of the Child Decision adopted by the Committee under the Optional Protocol to the Convention on the Rights of the Child on a communications procedure, concerning communication No. 179/2022*, ** Communication submitted by: G.M.O. and J.U.M.P. (represented by counsel, María Ferrándiz Navarro) Alleged victim: J.C.G.F. State Party: Spain Date of communication: 9 March 2022 (initial submission) Date of adoption of decision: 2 September 2024 Subject matter: Foster care of a Spanish child Substantive issues: Best interests of the child; privacy; right to development; right to identity; separation of children from parents; right to be heard; health Articles of the Convention: 8 (1) and (2), 9 (1)–(4), 12 (1) and (2), 16 (1) and (2), 24 (1) and 27 (1)–(3) 1. The authors of the communication are G.M.O. and J.U.M.P., nationals of Spain born in 1987 and 1974, respectively. They are acting on behalf of J.C.G.F., a Spanish national born on 28 August 2018. The authors claim that the Spanish authorities’ enforcement of a decision to turn a three-year temporary custody arrangement into a permanent adoption would violate the rights of J.C.G.F. under articles 8 (1) and (2), 9 (1)–(4), 12 (1) and (2), 16 (1) and (2), 24 (1) and 27 (1)–(3) of the Convention. The authors are represented by counsel. The Optional Protocol entered into force for the State Party on 14 April 2014. 2. In 2018, the Directorate General of Child and Family Protection granted the authors temporary foster care of J.C.G.F., since his biological parents were unable to provide the child with the necessary care. J.C.G.F. has been living with the authors and has formed a close emotional bond with them and their other children, whom he considers his family. 3. In October 2020, the Directorate General declared J.C.G.F. to be without the protection of his biological parents and confirmed that he was eligible for adoption. This decision entailed the extension of the authors’ temporary custody, with J.C.G.F. to remain in their care until a suitable family was found through the adoption process. The authors
* Adopted by the Committee at its ninety-seventh session (26 August–13 September 2024). ** The following members of the Committee participated in the examination of the communication: Suzanne Aho, Thuwayba Al Barwani, Hynd Ayoubi Idrissi, Mary Beloff, Rinchen Chophel, Rosaria Correa, Bragi Gudbrandsson, Philip Jaffé, Sophie Kiladze, Faith Marshall-Harris, Benyam Dawit Mezmur, Otani Mikiko, Luis Ernesto Pedernera Reyna, Aïssatou Alassane Sidikou, Ann Skelton, Velina Todorova, Benoit Van Keirsbilck and Ratou Zara. United Nations CRC/C/97/D/179/2022 Convention on the Rights of the Child Distr.: General 17 June 2026 English Original: Spanish CRC/C/97/D/179/2022 2 GE.26-08160 challenged the decision of the Directorate General before Court of First Instance No. 15 of Las Palmas de Gran Canaria. They argued that changing the situation of J.C.G.F. from one of temporary custody to adoption would sever his legal ties with his biological parents, and requested that he be placed in their permanent foster care. 4. The authors instituted several proceedings before the Spanish authorities, requesting interim measures to suspend the decision of the Directorate General pending the proceedings before Court of First Instance No. 15. The request for interim measures and subsequent appeals were dismissed, and the matter was pending before the Constitutional Court at the time of the communication’s submission. The Directorate General and the organization SOS Children’s Villages made several attempts to ensure that adequate preparations were made for the change in the child’s status and his possible placement with another family on the basis of the Directorate General’s decision. According to the authorities, the authors refused to cooperate, claiming that they would not willingly participate in the enforcement of decision. 5. In November 2020, the Directorate General confirmed the decision to end the temporary foster care arrangement and decided to assign another foster family until a prospective adoptive family was found. On several occasions, the authorities requested judicial authorization to enter the authors’ residence to enforce the Directorate General’s decision. 6. On 16 March 2022, in accordance with article 6 of the Optional Protocol and rule 7 of its rules of procedure under the Optional Protocol, the Committee, acting through its Working Group on Communications, decided to register the communication. On 30 March 2022, the State Party provided additional information regarding the request for interim measures, informing the Committee that on 17 March 2022 J.C.G.F. had been placed, with judicial authorization, in the care of another family. On 7 April 2022, the Working Group on Communications decided not to request interim measures. 7. On 30 May 2022, the State Party submitted its observations to the Committee, requesting that the communication be declared inadmissible because domestic remedies had not been exhausted and the authors had no authority to act on behalf of J.C.G.F. The State Party’s observations were transmitted to the authors for comment. In the absence of a response from the authors, the secretariat sent reminders to ascertain whether they had lost interest in the communication. The secretariat received no response from the authors. 8. At its meeting on 2 September 2024, the Committee noted the absence of a response from the authors, despite requests for them to submit comments. The Committee therefore decided to discontinue its consideration of communication No. 179/2022, in accordance with rule 26 of its rules of procedure under the Optional Protocol to the Convention on the Rights of the Child on a communications procedure.