Spain rejects criminalising humanitarian assistance to migrants

Dec 15, 2024 | Current affairs, Featured, Interview, Portada, Post, Revista Lloseta, Thursday Daily Bulletin, Tradition

The Minister of the Presidency, Justice and Relations with the Courts, Félix Bolaños, has attended the second Justice and Home Affairs (JHA) Council of the Hungarian Presidency and the first after the appointment of the new European Commission.

The Minister of the Presidency, Justice and Relations with the Courts, Félix Bolaños, attends the JHA CouncilThe Minister of the Presidency, Justice and Relations with the Courts, Félix Bolaños, attends the second Justice and Home Affairs (JHA) Council of the Hungarian Presidency and the first after the appointment of the new European Commission.

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Spain rejects criminalising humanitarian assistance to migrants

At the Justice session, they discussed various legislative initiatives, including two proposals for directives: one on the smuggling of migrants and the other on the sexual abuse of minors.

Rejection of the criminalisation of humanitarian assistance
The ministers of justice of the European Union have debated a proposal for a directive establishing minimum standards to prevent the smuggling of migrants.

In recent months, Spain has been at the forefront of the rejection of the criminalisation of humanitarian aid and, therefore, the need to include a clause in the articles of this directive to exclude humanitarian assistance to migrants from any sanction. Consequently, during the debate that took place this morning, the minister defended the demand for this guarantee, which affects, above all, direct family members and humanitarian organisations that are dedicated to rescuing and assisting migrants.

In any case, the Spanish Administration will maintain its full support for these organisations while intensifying the fight against criminal organisations dedicated to human trafficking, thus defending a migration approach based on human rights and border security.

Another central element of the meeting revolved around a proposal for a directive on combating the sexual abuse and sexual exploitation of children and child sexual abuse material.

Spain rejected the general thrust of the directive because the definition of consent in the directive should be broader and more ambitious, in line with more advanced legislation, including that of Spain.

The minister acknowledged the changes made in recent months at the request of Spain, among other countries. These include, for example, that consent be defined in the positive and not in the negative, or that crimes in the digital sphere, in which our country has also been a pioneer, be contemplated. However, these advances have not been sufficient for Spain to support the text in its current state.

The fight against drug trafficking and organised crime
Finally, concerning non-legislative initiatives, the JHA dealt with the fight against drug trafficking and organised crime, and against impunity in the context of Russia’s war of aggression against Ukraine, among other issues.