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Jurist UN experts request Spain to approve bill on ‘stolen babies’

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Dadparvar

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Nov 11, 2016
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UN experts on Thursday urged the Spanish government to ratify a draft bill on “stolen babies” that has been under parliamentary review since 2020, a move that would protect the rights of victims of alleged baby abductions since July 17, 1936.

The experts described the lack of a legal framework addressing the baby abductions in the report:

Despite the pain and mounting evidence of the harm suffered by mothers and families due to so-called theft of babies in Spain, the lack of a comprehensive legal framework has prevented the State from offering an effective response to the victims of these crimes, which often encompassed enforced disappearance. The proposed law seeks to end that silence by establishing real mechanisms for truth, justice, reparation, and guarantees of non-repetition.
The bill, which was first tabled in 2020, includes important mechanisms such as creating a national register for victims, safeguarding transparency and access to archives alongside public records, providing free DNA testing services, and establishing a special investigation task force. The bill also aims to provide psychological and legal assistance to families, alongside mandating public awareness campaigns and solidifying cooperation between regional administrations and judicial bodies.

Another aspect of the bill focuses on categorizing the wrongful removal of children from their families, enforced disappearance, and the falsification of documents as a crime against humanity. Crimes against humanity are a jus cogens norm, which imposes fundamental principles of international law and is universally applicable, with no derogation permitted.

The abduction of babies in Spain occurred throughout a period of 40 years, from 1936 to 1975, as a tool of political repression under the military dictatorship of General Francisco Franco, whose ideology included a combination of eugenics, anti-communism tactics, and conservative Catholicism. The abduction of children was reportedly carried out to “remove” the Marxist gene from the biology and minds of “red” children, which refers to children born to left-wing parents. As a result, children were renamed, sent to orphanages controlled by Catholic institutions, and dispersed among Francoist families.

A reported 40,00 children were abducted from their families in the first fifteen years of Franco’s regime. Mothers of these children, who were often young, unmarried, supporters of left-wing opponents, and socioeconomically disadvantaged, were allegedly deceived into thinking their children had passed during childhood. Doctors and medical staff reportedly enabled this by falsifying documents that permitted the mother’s name to be left out of a birth certificate.

A long-awaited breakthrough came in 2018 when gynecologist Dr. Eduardo Vela became the first person to stand trial for his involvement in the enforced disappearances of babies. Although the Madrid High Court found him guilty of abducting a child in 1969, the ruling fell short of sentencing him due to the expiry of a 10-year limitation period.

The post UN experts request Spain to approve bill on ‘stolen babies’ appeared first on JURIST - News.

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