European Parliament

2019–2024

Committee on Petitions

7 December 2022

MISSION REPORT
following the fact-finding visit to Spain from 11 to 13 April 2022 on cases of
child sexual abuse in the Balearic Islands, reported in Petitions 1313/2020,
1489/2020 and 0122/2021

Committee on Petitions

Members of the mission:

Peter Jahr (EPP) (Leader of the mission)
Manuel Pizarro (S&D)
Ramona Strugariu (Renew Europe)
Rosa D’Amato (Greens/EFA)
Kosma Złotowski (ECR)

Ex officio members:
Rosa Estaràs Ferragut (EPP)
Alicia Homs Ginel (S&D)
Maite Pagazaurtundúa (Renew Europe)
Jorge Buxadé Villalba (ECR)

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 Introduction

Spain grants special protection to children’s rights through important legal instruments, such
as the Spanish Constitution, the United Nations Convention on the Rights of the Child
(UNCRC), the Council of Europe Convention on the Protection of Children against Sexual
Exploitation and Sexual Abuse, and Directive 2011/93/EU of the European Parliament and of
the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of
children and child pornography.

The Constitution states that the public authorities must guarantee comprehensive protection
for children, who are equal before the law regardless of their parentage. Parents must provide
assistance of all kinds for their children while they are minors and in other cases established
by law. Children also enjoy protection under international conventions reflecting their rights
(Article 39 of the Spanish Constitution). Of all the rights recognised by the Convention, it is
worth highlighting those that the Committee on the Rights of the Child has identified as four
guiding principles. These are: the principle of non-discrimination (Article 2), the principle of
the best interests of the child (Article 3.1), the right to life, survival and development
(Article 6), and respect for the views of a child in all matters affecting that child (Article 12).

The primary EU legal instrument is Directive 2011/93/EU of 13 December 2011 on

combating the sexual abuse and sexual exploitation of children and child pornography. The
directive criminalises various forms of child sexual abuse and exploitation, harmonises these
offences across the EU and establishes minimum penalties. Furthermore, Article 25 of the
Directive – which covers removing and blocking access to websites – contributes to
preventing child sexual abuse and exploitation online. Adopted one year later, the Victims’
Rights Directive (Directive 2012/29/EU) complements the existing framework by adopting a
child-sensitive approach and requiring that the best interests of the child be given primary
consideration. In July 2020, the European Commission adopted the EU Strategy for a more
effective fight against child sexual abuse, which sets out eight initiatives aimed at fully
implementing and developing the EU legal framework, identifying remaining gaps,
strengthening the law enforcement response, improving prevention, engaging industry and
supporting international multi-stakeholder cooperation. The strategy also envisages the
creation of a European centre to prevent and combat child sexual abuse.

Finally, there are legislative acts such as Organic Law 1/1996 of 15 January 1996 on the legal
protection of minors, partially amending the Civil Code and the Civil Procedure Law
(Organic Law on the Legal Protection of Minors), and Organic Law 8/2015 of 22 July 2015,
amending the system for the protection of children and adolescents, which also safeguard the
rights of children. The former is the main legislative framework for the rights of minors,
guaranteeing them uniform protection throughout Spanish territory. This has been used as
reference for subsequent legislation enacted by the autonomous communities, in line with
their devolved powers in this area.

The autonomous law regulating the protection of minors in the Balearic Islands is Law 9/2019
of 19 February 2019 on the care and rights of children and adolescents in the Balearic Islands.

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In the Islands, public institutions responsible for the protection and guardianship of minors
have been subject to the exclusive jurisdiction of the autonomous community since the
introduction of Organic Law 9/1992 of 23 December 1992, which transferred a
comprehensive series of powers to the autonomous communities. Guardianship is a concept
whereby an adult, an institution or the public administration assumes legal guardianship of a
minor. This status must be established by court order in certain cases. According to
Article 199 of the Spanish Civil Code, the following are subject to guardianship:
unemancipated minors in situations of neglect and unemancipated minors not subject to
parental authority. According to Law 9/2019 of 19 February 2019 on the care and rights of
children and adolescents in the Balearic Islands, the purpose of residential care is ‘to offer
comprehensive care in a residential environment for children and adolescents whose material,
emotional and educational needs cannot be met, at least temporarily, in their own families’.
As at 29 May 2020, there were 201 minors in residential care provided by the Mallorcan
Institute of Social Affairs (IMAS), 140 of whom were aged between 14 and 17 years. These
minors were living in 38 centres either owned by the IMAS or funded through subsidies,
managed by the Island Council of Mallorca, which provide residential care for children and
adolescents subject to protection measures.

The problem addressed in the petitions that gave rise to this fact-finding visit came to light in
December 2019 when a 13-year-old girl in care was sexually assaulted in Palma de Mallorca.
The incident was reported by the minor and confirmed in hospital by a forensic doctor. The
abusers were arrested shortly afterwards, including a minor who allegedly served as a go-
between for the six abusers. It was the third time that the girl had suffered similar abuse, with
the two previous incidents being reported in 2019. The press (Diario de Mallorca) published
reports that a group of minors under the guardianship of the Mallorcan Institute of Social
Affairs (IMAS) – which has 359 minors under its guardianship – were being prostituted on
the streets of Palma, in some cases receiving drugs as payment. The victims were all between
13 and 17 years of age and under the guardianship of the Balearic government because they
had been victims of abuse, assault or sexual violence or had simply been abandoned by their
parents. There were fifteen girls and one boy who were living free in flats provided by the
public administration but had total freedom to come and go. On 16 January 2020, the Public
Prosecutor’s Office in Palma decided to open an investigation into these incidents. In October
2020, the Senior Prosecutor for the Balearic Islands reported that these were ‘serious isolated
cases’ and that ‘there was no orchestrated network, although there were isolated cases’. The
cases were investigated and several arrests were made.

Petitions and petitioners

The following petitions served as the basis for this fact-finding visit and the delegation met
with the petitioners on its first day, Monday 11 April 2022, in Mallorca:

 Petition No 1313/2020 by Jose Luis Sánchez Saliquet (Spanish) on sexual abuse of

minors

 Petition No 1489/2020 by Margalida Vicens Alzamora (Spanish), on behalf of Nuevas

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 Generaciones de las Islas Baleares, on the alleged abuse of minors in the child
guardianship system in Mallorca

 Petition No 0122/2021 by Carmen Cordón (Spanish) on child abuse. Ms Cordón

declined the invitation from the European Parliament’s Committee on Petitions to
participate in the meetings during the fact-finding visit to the Balearic Islands in
Mallorca.

Summary account of meetings

Monday 11 April 2022 – Meeting with the petitioners:

 Margalida Vicens Alzamora, Petition No 1489/2020

The petition submitted by Margalida Vicens Alzamora from Nuevas Generaciones de las Islas
Baleares reports abuse of minors in the child guardianship system in Mallorca. The petitioner
claims there is a serious problem with child guardianship by the public authorities on the
island of Mallorca, as attempts have been made to draw children into a child prostitution
network. Both the State and the public authorities in the autonomous community have proved
incapable of protecting children in their care. The petitioner calls for the lack of action by the
authorities to be investigated, for a new strategy to be adopted to provide more effective child
protection, and for existing measures to be reformed in line with EU law. She mentions
operation ‘Bakana’, states that in the ‘house of horrors’ prostitution was encouraged, minors
were recruited using various gifts, it was a centre for drug dealing and there were minors with
illegal status. She believes that the institutions have failed, that the administration’s response
to the problem was silence and inaction and that there has been a lack of transparency.

 José Luis Sánchez Saliquet, Petition No 1313/2020

The petitioner José Luis Sánchez Saliquet alleges that there is a situation of sexual abuse of
various minors protected by the social services of the Balearic Islands. The police
investigation has uncovered prostitution and sexual assaults on several children in care. The
petitioner alleges that despite the magnitude of the events, the Mallorcan Institute of Social
Affairs (IMAS) has taken no action and has tried to conceal the facts without taking the
mandatory steps to investigate, report and clarify the problem. He claims that there was a case
of sexual assault of a disabled girl resident in the Padre Morey Centre in Ibiza, as well as
other cases of young Nigerian refugees also resident in that centre and forced into
prostitution. The petitioner explains that, despite complaints from social workers, the Ibiza
Island Council has concealed the facts and refused to investigate them.

During the question phase, comments were made by the following official Members of the
Delegation:

Peter Jahr asked why the investigation of the cases was so slow, as the authorities should
speed up that process in order to rehabilitate the negative reputation that cases of sexual
exploitation of children give to the region.

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Manuel Pizarro asked what action was taken by the police.
Ramona Strugariu asked for the Political Committee set up to investigate the cases to be
independent.
Rosa D’Amato stressed that the cases date back to 2018 and that there have been criminal
convictions and prosecutors have stated that there is no child prostitution ring. These are
serious cases but the allegations do not tally with the police findings.
Kosma Złotowski stated that the Public Prosecutor’s Office and the police have taken up the
cases, but the IMAS has not changed the way it operates.
Comments were also made by the Members accompanying the Delegation:
Rosa Estarás stressed that an independent commission of inquiry was necessary instead of a
Committee of Experts and a Political Committee. She complained of a lack of coordination
and prevention.
Alicia Homs highlighted the fact that while the Balearic Islands had more cases of sexual
abuse of minors, it was because they investigated more, because they took action, as most of
the complaints come from the IMAS.
Maite Pagazaurtundúa stressed that the authorities failed both before and after the cases
came to light, but the important thing was to draw lessons and establish good practices in
order to move forward in preventing future cases.
Jorge Buxadé wondered whether there had been resignations of the managers of the
institutions responsible for the care of the minors, and stated that there had been ‘lack of
vigilance’.

The petitioners responded that the protocols are not applied, that the police investigate when
there are complaints but that the institutions pass the buck from one to the other. They
complained that a commission of inquiry was not set up and that a report from the Committee
of Experts was drafted but that its recommendations are not being implemented in any case.
They complained about a lack of transparency. They claimed that if there are more cases in
the Balearic Islands, it is because of a lack of coordination and political will to tackle them.

Meeting with the parents of the victims:

 Rosa Moscoso

This is the mother of a victim. She explained that her daughter was sent to an adolescent care
centre because of her difficult financial situation. The problem is that the girls who live there
recruit minors for prostitution, her daughter went into a downward spiral of absconding and
ended up in the ‘house of horrors’ in Calle Manacor in Palma de Mallorca, a centre for
trafficking of minors and drug addiction. She received help from the police, who she thanked
for their efforts. Her daughter’s case was closed by the Public Prosecutor’s Office. She
accused the IMAS of lack of professionalism, inaction and lack of resources, and said that the
teams change all the time and cases are not followed up. She accused them of not
communicating with biological families and of destroying them.

 Ana Carmona

This is the mother of a girl who was abused and mistreated by her foster family and by the
children living in the care centre. She complained that her daughter's abuse had been hidden
from her, as she was told of the abuse by a worker at the children’s centre and not officially.
The case is being investigated and her daughter is currently undergoing psychological

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 therapy.

During the question phase, comments were made by the following Members accompanying
the Delegation:
Rosa Estarás stressed that what has happened is the responsibility of the IMAS as it has
guardianship and custody of the children and has left them unprotected. Teams should not
change constantly as they are the point of reference for the children and educators should have
a certain degree of stability. She said there was a need to work with biological families.
Maite Pagazaurtundúa stressed that the authorities must put the emphasis on prevention. She
stated that there has been malpractice and that responsibilities have not been clarified.

Meeting with journalists:

 Javier Peris, Diario de Mallorca

This journalist was recognised by the Journalists’ Association of the Balearic Islands for
his investigation into the case of sexual exploitation of children in foster care.
He explained that the phenomenon of child sexual exploitation has existed for decades,
but that in December 2019, a 13-year-old girl ran away from a care centre and was raped
by five minors in an abandoned house. This was when the scandal hit the press. But the
fact that underage girls were prostituting themselves was well known and nothing was
done. They prostituted themselves in exchange for gifts, not money. The technical staff in
the centres reported it, drafted internal reports, but the IMAS managers did not take
effective steps, which generated enormous frustration among those working in the centres.
More staff and resources were needed in the centres used to accommodate minors under
guardianship, and there was absenteeism and a lack of supervision of the flats where
minors under guardianship were living. The phenomenon of minors grooming other
minors is not exclusive to the Balearic Islands. Minors seek the attention they do not
receive in centres. In 2020, 34 people were arrested and since then the IMAS has been
actively cooperating in reporting runaways, which are the biggest risk factor.

 Julio Bastida, Última Hora

Julio believes that we should not be looking to lay blame but rather to find solutions, but
he thinks that there has been a complicit silence and inaction on the part of the authorities
responsible in dealing with runaways, begging and prostitution of minors. He believes that
the authorities need to commit to providing solutions and not concealing the problem.

 Mayte Amorós, ABC en Baleares

Mayte alleges that the IMAS was aware of the situation but did not address it, and that the
monitors who raised the alarm were dismissed and did not return to work in the centres.
There was a lack of supervision of the minors in the flats, and the role of the IMAS could
be significantly improved.

During the question phase, comments were made by the following official Members of the
Delegation:

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Manuel Pizarro asked who made the complaints to the police or the prosecutors, whether it
was the IMAS.
Ramona Strugariu asked how long the problem has existed, whether they believe there is a
will to address it and whether the problem is vulnerable minors recruiting other minors.
Kosma Złotowski stated that the IMAS is the institution that should protect minors from their
broken families and it did not really do its job because criminal organisations took advantage
of its inaction. The IMAS does not work.
Comments were also made by the Members accompanying the Delegation:
Rosa Estarás stressed that the problem came to light thanks to the work of the journalists, but
that there was a complicit silence. She wondered whether these are isolated cases or whether
there is a network.

The journalists replied that of the 300 girls under IMAS care, the problem affects one third, or
about 100. They said that there is no organised plot, but rather a generalised behaviour among
the children, who are the victims because the abusers, the men, are the ones responsible. The
institutions have not protected them adequately, and there has been a lack of care. The
children are lacking in affection and role models. The administration outsources the
guardianship service and insufficient emphasis is placed on the recruitment of monitors. More
resources are needed, in terms of both money and personnel. But the funds for children’s
centres are being cut and their management cannot be audited, as there is no transparency.
In terms of complaints, the IMAS has made them and the police have investigated them, but
they have little help. At the political level, the foster care service needs funding and that does
not win votes. Politicians have tried to cover up the problem with a complicit silence.

Meeting with the Government of the Balearic Islands:

 Francina Armengol – President of the Government of the Autonomous Community

 Fina Santiago – Minister for Social Affairs (Government of the Autonomous
Community)

The President explained the work being carried out by the Government of the Balearic Islands
with regard to minors, who are the most vulnerable people in society. She explained the
structure of powers of the Autonomous Community of the Balearic Islands, which in 1998
transferred powers to protect minors to the Island Councils. These Councils are the
institutions of self-government on each island and are exclusively responsible for the entire
process of child protection, guardianship and custody, as well as for the protection measures
required in the case of a declaration of abandonment and for adoption of minors. The
Government of the Balearic Islands is only responsible for coordination, training and
statistics, so it is the four Island Councils, one for each island, that deal directly with cases of
minors under guardianship. So it was at the Mallorca Island Council that a Committee of
Experts and a Political Committee were set up to analyse cases of abuse and make proposals
for improvement.

She provided an assurance that her Government is fully committed to combating the sexual
exploitation of children, and that strong, ground-breaking measures have been implemented to
combat this scourge, which is not exclusive to the Balearic Islands. Since 2015 they had been
alerted by technical staff that changes were happening because of the existence of the internet,
with minors being used as recruiters of other minors, who were thus victims twice over.
The Government set up a working group with the Island Councils and national law

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 enforcement agencies, working along two separate lines:
 implementing professional protocols: in 2018, a specific protocol for cases of child
sexual exploitation was created, which was a ground-breaking initiative in Spain, and
the government guidance was changed, with the National Police now required to
consider adolescents running away from juvenile facilities as a priority.
 the emphasis was placed on training, improving the skills of the individuals involved
in detecting cases of abuse, and updating the knowledge of 2,700 professionals.
Thanks to this process, the Balearic Islands is the autonomous community with the
second highest number of cases detected nationally, despite being the 12th largest in
terms of population. The President welcomed the fact that this network has detected
and reported more cases of child abuse than any other autonomous community due to
the involvement of all its members, with the result that 37 people have been arrested in
the last three years through the cooperation and warnings of the IMAS and the
Mallorca Island Council.
 statistical monitoring of cases is carried out and the Spanish Government has been
asked to permit a unified child abuse register (RUMI) that differentiates between
sexual abuse and sexual exploitation of children so that the severity of the problem can
be compared and understood at national level.

The President, Francina Armengol, drew attention to two other aspects: the approval in 2019
of the autonomous community’s plan to combat trafficking of women and girls for sexual
exploitation and to provide care for women involved in prostitution, and the guidelines for
action in cases of sexual exploitation of children and adolescents, both of which are detection
and assessment tools for professionals that she hopes will be of great use.

The Minister for Social Affairs within the Government of the Autonomous Community, Fina
Santiago, stated that the problem must be seen and detected with the support of professionals,
and that awareness must be increased among minors as well as society as a whole. She
explained that the Balearic Government has been working intensively on this issue since 2015
and detailed the actions taken between 2007 and 2011 to combat the problem of sexual abuse
of minors: a first generic interdisciplinary protocol for cases of abuse was created in 2009, a
child sexual abuse treatment unit for minors protected by their families was founded in 2010
and the Atura programme for child offenders was designed in 2008. But it is from 2015–2019
that the problem of the sexual exploitation of minors has developed through social networks
and the figure of the groomer, and a series of measures is therefore being implemented:
 a coordination group to detect and protect victims and prosecute exploiters has been
set up;
 the unified child abuse register (RUMI) has been strengthened;
 in 2017, a specific, complementary protocol to the 2010 protocol for detecting victims
of sexual abuse and exploitation was developed, with an emphasis on the training of
professionals;
 a ground-breaking advertising campaign aimed at adolescents was launched.

Thus, the Balearic Government has seen the problem, coordinated the entities involved,
trained the professionals involved, carried out awareness-raising campaigns on the issue and
supported the victims.

The Balearic Islands comply with European legislation on child abuse and sexual exploitation

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of children. Ms Santiago stated that if it seems that the Balearic Islands is the Spanish
territory that suffers the most from this problem, it is because it is the only territory where the
true scale of the problem can be seen. The Government of the Balearic Islands is fully
involved in providing all available resources in the area of coordination and training so that
the Island Councils can prevent this problem and assist child victims in the best possible way.
Ms Santiago concluded by asking the European Commission for an exclusive directive to
prevent sexual exploitation separate from abuse, as she considers it a clearly distinct problem.
She called for sexual exploitation of children in care to be considered an aggravating
circumstance, and suggested that statistical criteria be unified at European level to
differentiate sexual exploitation from child abuse. She called for law enforcement agencies to
prioritise the search for runaway minors given their significant vulnerability and for specific
awareness-raising campaigns against sexual exploitation within the EU framework.

During the question phase, comments were made by the following official Members of the
Delegation:

Peter Jahr underlined the fact that there has been no proper commission of inquiry into cases
of sexual exploitation of children in care. He called for greater transparency and stressed the
fact that the families of the children were not properly informed.
Manuel Pizarro highlighted the Balearic Government’s coordination, training and statistical
work in tackling the problem and asked about current programmes for young people.
Ramona Strugariu stressed that the protocols are all very well on paper, but the problem is
their implementation and stressed that the IMAS did not act appropriately.
Rosa D’Amato stressed the achievements of the new supervisory protocols and called for a
new directive and more coordination between administrations.
Kosma Złotowski wondered how it was possible for these cases to explode in 2019 if the
authorities have been aware of the problem since 2015 and have been working on it. This
demonstrates a lack of effectiveness of the programmes and a need to change the approach to
children.

Comments were also made by the Members accompanying the Delegation:

Rosa Estarás stressed that there was no commission of inquiry in the Balearic Parliament,
that prevention was failing, that there was a lack of resources, that the services were poorly
coordinated, that the teaching staff should be more stable and that there was a complicit
silence.
Alicia Homs highlighted the need to exercise transparency and to visualise the problem.
Maite Pagazaurtundúa emphasised that the guardianship of minors is the responsibility of
the public authorities, that there is no figure providing emotional stability for minors and that
there has not been proper communication from the authorities.
Jorge Buxadé explained that if the European Parliament has had to travel to the Balearic
Islands it is because of the administration’s ineffectiveness in investigating the cases of
abused minors and asked the President what she has done to ensure that minors in the centres
under the administration’s care do not prostitute themselves.

The President of the Balearic Islands and the Minister from her Government responded to the
questions raised by Members by saying that this is a problem that exists all over the world and
that they have fought against this scourge since it was brought to the attention of the Public
Prosecutor’s Office in 2016. To tackle the problem, it must be made visible and public

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 awareness must be increased. They recalled that the powers to protect minors fall within the
remit of the Mallorca Island Council. They explained that if more cases are currently being
detected in the Balearic Islands, it is because the training given to educators allows these
cases to be seen and reported to the Public Prosecutor’s Office and as more complaints are
made, the abusers can be jailed. They pointed out that their Government had succeeded in
getting specific chapters on child sexual exploitation included in Organic Law 8/2021 of 4
June 2021 on comprehensive protection from violence for children and adolescents. They
believe that information campaigns such as the one carried out in the Párate (Stop)
programme are important. They stressed that, in their view, there was an investigation into the
cases of abuse, through the committees set up by the Mallorca Island Council: the Political
Committee and the Committee of Experts. Finally, they wondered about the model society
wants for children’s centres, to ensure they are better protected, whether these centres should
be closed or open.

Tuesday 12 April 2022

Meeting with the Mallorca Island Council

 Catalina Cladera – President of the Council

The President explained the work carried out by the Mallorca Island Council, the institution
over which she presides, in relation to cases of sexual exploitation of minors under the
guardianship of the Mallorcan Institute of Social Affairs (IMAS). She explained that there
have been no cases of sexual exploitation in the IMAS centres, and nor have any of their staff
been involved in such cases, as they have occurred outside those centres.
The President provided a brief summary of the actions carried out by the Council since 2019,
when she became involved in running that body, to tackle this serious social problem.
 Cases were reported to the Public Prosecutor’s Office and national law enforcement
agencies when there was evidence (37 reports between 2018 and 2019), and there was
significant coordination among all the institutions involved. She noted that the Public
Prosecutor’s Office for the Balearic Islands had closed its investigation into the cases
after finding that there was no organised network.
 To examine cases of sexual exploitation of minors under guardianship, a Political
Committee was set up within the IMAS Governing Board involving representatives
from all political groups, including those from opposition parties, except PP and VOX,
which refused to be part of it. After four months of analysis and interviews with IMAS
technical and political officials, the committee unanimously concluded that there was
no political responsibility and no responsibility on the part of the technical staff.
 A Committee of Experts on child exploitation was set up, which established a new
roadmap that is enabling significant progress to be made in fighting this social
scourge. This roadmap has made it possible to redefine the guidelines for what to do
when a child or adolescent does not return to a centre at the established time, protocols
have been updated and new ones have been created, more than 500 hours of training
has been given to technical staff, specialised care services have been created through
new centres such as one for minors who are victims of commercial sexual exploitation
of children (CSEC), one for minors who are victims of addiction and one for
unaccompanied foreign minors, and finally, work is being done with greater
coordination among all the institutions involved and national law enforcement

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 agencies.

The President stressed that the involvement of the IMAS has led to several police operations
which, since July 2019, have led to the arrest of 37 suspected child exploiters based on
complaints from that institution. She explained that these police operations are the
culmination of police investigations initiated by complaints made by the IMAS in 2018 and
2019. She stressed that the Balearic Islands is the only autonomous community in Spain to
have an action protocol on child sexual exploitation, although she said there is always room
for improvement.

She concluded by explaining that efforts should be concentrated on pursuing the real culprits,
the abusers. The institutions tasked with looking after minors must protect them as they are
the victims and report the slightest signs of sexual abuse, the Public Prosecutor’s Office must
investigate, the police must arrest the abusers and the justice system must send them to prison.

 Javier de Juan (Minister for the Department of the Presidency of the Mallorca
Island Council)
 Sofía Alonso (Minister for Social Rights and Chair of the Mallorcan Institute of
Social Affairs (IMAS))
 María Luisa Martí (Director of Residential Care, IMAS)

These representatives explained the actions of the Mallorcan Institute of Social Affairs
(IMAS), the agency within the Mallorca Island Council responsible for the guardianship of
minors subject to legal protection measures within the scope of the residential care centres
(owned by the IMAS or funded through subsidies) within the Mallorca protection system:

 On 13 January 2020, the Mallorca Island Council’s Mallorcan Institute of Social

Affairs (IMAS) publicly reported 16 cases of commercial sexual exploitation of
children and adolescents (CSECA) in 2017, 2018 and 2019 involving children and
adolescents under the legal protection of that institution. All of these cases occurred
outside the environment of the child protection centres.
 On 13 February 2020 the Plenary Session of the Mallorca Island Council approved
two resolutions:
1. The creation of a Committee of Experts to evaluate the actions carried out by the
child protection service of the Mallorcan Institute of Social Affairs in relation to cases
of sexual abuse and exploitation.
2. Analysis within a Political Committee of the decisions taken over time with regard
to these cases by the Governing Board of the Mallorcan Institute of Social Affairs.

1. Committee of Experts

 Noemí Pereda, Professor of Victimology at the Faculty of Psychology and Director

of the Research Group on Child and Adolescent Victimisation (GReVIA) at the
University of Barcelona (coordinator of the Committee of Experts)

The Committee of Experts was created on 27 February 2020 by agreement of the Executive
Council of the Mallorca Island Council (BOIB of 7 March 2020).
The objectives of this committee were as follows:

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 a) Evaluate the effectiveness of the protocols and procedures in relation to cases of
sexual abuse and exploitation of minors subject to a legal protection measure within
the scope of the residential care centres (owned by the IMAS or funded through
subsidies) within the Mallorca protection system.

b) Make proposals for improvements that will make it possible to combat the sexual
abuse and exploitation of any minor subject to a residential care protection measure
more effectively.

c) Evaluate the actions carried out by the child protection service of the Mallorcan
Institute of Social Affairs in relation to cases of abuse.

d) Issue a report analysing the situation and proposals for improvement within a
maximum period of three months following the creation of the committee.

This Committee of Experts issued a final report of conclusions on 29 September 2020. The
full report and associated annexes are public and can be consulted on the IMAS website:
https://www.imasmallorca.net/sites/default/files/01%20Informe_0.pdf

The report made proposals for improvement by means of an action plan, which included the
following points:
- Creation of a specialised centre for high-risk youth or victims.
- Development of an intensive initial training plan for all new professionals.
- Development of an ongoing training plan for all professionals working with children and
adolescents cared for by the IMAS.
- Creation of specific guides for groups of professionals on how to deal with cases of
sexual exploitation.
- Development of a tool for early detection.
- Roll-out of a social awareness-raising campaign in the media.

In line with the recommendations identified as a priority in the report, the IMAS has already
developed the following actions:

1. Specific training actions about commercial sexual exploitation of children and

adolescents aimed both at professionals from the Child and Family Service and at the
educational staff working in residential care services.
2. Mandatory guidelines have been adopted on:
- a ‘Procedure for reporting, communicating, acting and intervening when there are
indicators of suspected or actual evidence of child sexual exploitation’, of 15 July
2020, amended on 1 September 2020.
- a ‘Procedure for action by the staff of (owned and subsidised) residential centres in
cases of unauthorised departures of minors in residential care’, of 21 September 2020.
3. A new residential care service specifically for victims of commercial sexual
exploitation of children and adolescents was created in October 2020.
4. The professional figure of CSECA Case Coordinator has been created to coordinate
measures and actions related to these cases, as of October 2020.
5. The figure of the Victim Support Officer has been created, and will be present in all
residential care facilities. The functions of this individual will be to advise and train

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 the rest of the team, to detect, notify and coordinate cases of risk and to be responsible
for the centre as a safe environment.
6. The period of time between suspicion/communication/referral of the case and
completion of the final report on the credibility of the testimony by the Child Sexual
Abuse and Exploitation Assessment Unit has been reduced to a maximum of three
months.
7. In December 2020, the team of professionals in the Child and Adolescent Commercial
Sexual Abuse and Exploitation Assessment Unit was supplemented by the addition of
two psychology professionals, making a current total of six professionals.
8. A programme has been implemented to provide follow-up of families for therapeutic
foster care with victims of abuse through the recruitment of psychology and social
education professionals.
9. A ‘Mentors’ programme has been introduced, consisting of support by young people
from the APEIB Association (individuals formerly under guardianship in Mallorca),
for minors subject to legal protection measures who have suffered sexual and
commercial exploitation as children or adolescents, as they come of age and become
emancipated.
10. Coordination and cooperation meetings have been held with national law enforcement
agencies:
- the Family and Women Unit (UFAM) from the National Police.
- the Women and Children Team (EMUME) from the Guardia Civil.

The final considerations from the report issued by the Committee of Experts emphasise that
the problem of sexual abuse cannot be successfully tackled if it is understood as a problem
linked to a certain context, in this case residential centres. According to the report, this is a
problem that occurs in all countries, which requires a comprehensive solution involving
multiple agents and requiring the involvement of the population, with social awareness
campaigns and programmes to make citizens responsible for detecting risk contexts in order
to prevent the problem occurring. The involvement of other institutions, such as educational
centres, health centres or basic social services, also plays a very important role in the early
detection of these cases. The prosecution of mafias and sexual exploitation networks is the
responsibility of law enforcement agencies and the judicial system. The report also stresses
the need for professionals to have specialised training and sufficient resources to be able to
intervene successfully in these cases.

2. The Political Committee

• Jaume Tortella – Deputy Chairman of the IMAS and Chairman of the Mallorca
Island Council’s Political Committee on Child Sexual Exploitation (CSE)

The Political Committee on Child Sexual Exploitation (CSE) was approved by the Governing
Board of the IMAS in its extraordinary session held on 30 November 2020, by the political
groups PSIB-PSOE, Mes per Mallorca, Unides Podem, El Pi and Ciudadanos, all the groups
represented in the Mallorca Island Council with the exception of the Partido Popular and
VOX, with the aim of establishing a forum for discussion to analyse the political decisions
taken in relation to detection and intervention in cases of child sexual exploitation on the
island of Mallorca. The Committee presented its report on its final conclusions in early April
2021 and its final conclusion was:

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 ‘It is not possible to establish a connection between the cases, given the diverse range of
environments in which each occurs. In all cases, however, the victims have been young
people with vulnerabilities, whether due to addiction, family neglect, abuse or mistreatment ...
vulnerabilities that are exploited by abusers’.

The Committee considered that the importance of the measured and thoughtful technical work
carried out by the IMAS in implementing measures had been established and stated that there
was no liability on the part of the politicians who were or are in charge of the IMAS, or any
criminal liability, in line with the provisional dismissal of criminal investigation proceedings
No 11/2020, issued by the Public Prosecutor’s Office on 13 October 2020.

During the question phase, comments were made by the following official Members of the
Delegation:

Peter Jahr asked how communication with parents takes place and how children’s data are
protected.
Manuel Pizarro thanked the IMAS for the work done, the new measures and for having
tackled this general problem using a comprehensive approach. He asked how the situation has
changed since 2020 and what the relationship is with the judiciary.
Ramona Strugariu called for more coordination from the Island Council and stated that
adolescents leaving the centres run a high risk of sexual exploitation, that realistic solutions
must be found about what is happening on the ground, about human trafficking, because
children do not engage in these behaviours of their own accord, it is important to know where
the children are going.
Rosa D’Amato asked whether there is a problem of financial resources, stressed that the
problem exists only outside the centres and stated that the Political Committee has not
determined liability and wondered what happened before 2015.
Kosma Złotowski explained that girls who prostitute themselves do so without a sense of
victimhood and asked what has been done to make this happen.
Comments were also made by the Members accompanying the Delegation:
Rosa Estarás asked why there are more cases in the Balearic Islands than in other
autonomous communities. She wondered if it could perhaps be due to school drop-out rates,
tourism, etc. She asked if the protocols are known by those in charge, if there is stability in
the staffing of the centres and how many cases the IMAS has been involved in. She claimed
that there has been a complicit silence and that there should be political liability.
Alicia Homs stated that the good practices and work of the IMAS could be exported to
Europe and to other places with similar problems.
Maite Pagazaurtundúa emphasised that the key is the role of guardianship, preventing school
failure, creating a bond with the child and putting the emphasis on specific prevention.
Jorge Buxadé asked how many cases have occurred in the centres, as the press has reported
cases inside the centres, why disappearances are not reported to the police, how many cases
the IMAS has been involved in and how parents are informed about the cases.

For the IMAS, Javier de Juan stressed that it has no relationship with the parents of the
children as the Justice System is responsible for such contacts and they cannot discuss
individual cases due to the requirements on data protection of minors. They explained that the
guardianship system is an open regime system with a normalised life where the minors,
children of adolescent age, go to school or go to play sports. It is not a closed system. They
try to educate and create a connection to limit the child’s self-exposure to risk. They claim

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that there was no organised network, although high-risk cases have been detected since 2015.
Before 2015, absconding was not considered a priority, but since the creation of the protocols
in 2015, high-risk cases and profiles are detected. School drop-outs represent one of these risk
factors. As for the existence of cases in the centres, he categorically excluded this possibility,
the cases have occurred outside the centres and the exploiters are men who exploit vulnerable
girls from vulnerable backgrounds. The way to detect cases is through the guardianship
environment, educators are the ones who report when they detect that girls are in danger:
unauthorised departures of more than four hours are reported to all authorities and an
assessment of the child’s risk level is made in a monthly report. He explained that they do not
have a budget problem, although there is always room for improvement. The problem is not
residential care or the guardianship of minors, but the abusers.

Meeting with experts on child sexual exploitation:

 Jesus Mullor – Executive Chairman of Proyecto Hombre Baleares

Mr Mullor emphasised that the problem is often drug addiction and that sexual exploitation is
often linked to that addiction, the profile is usually that of a young girl groomed by other girls
who falls into prostitution to get material things. The boyfriends are usually exploiters in
disguise, who take the girls to certain places that are known. The classic route is running
away, disappearance and drug use.
The authorities must carry out re-education activities, work with the families and the children,
make them aware of the situation, there is a therapeutic aspect, the children must be made to
see that they are victims being manipulated. Situations can be reversed. The children come
from broken families, who have lost control over their children, there is a lack of parental
supervision. Many come from single-parent families where the parent feels to blame for the
situation. Running away is the key factor, risky behaviours were previously normalised. The
report from the Committee of Experts indicates a before and an after when assessing risk
behaviour.

The age of sexual consent is 16, but if there is remuneration this is child prostitution. A
distinction must be made between sexual abuse and (commercial) sexual exploitation. In all
cases, the children are victims of violence against children.

There must be resources to tackle this serious problem, professionals must be trained,
protocols must be very clear, because if they are not implemented they are useless.

In terms of informing parents, this is not always easy as parents are often problematic and are
not part of the therapeutic process. Each case is different and needs professional support.
Every arrest is a victory for the system. The solution is foster care, offering the child a family
environment.

Meeting with the Ombudsman for Children of the Balearic Islands (Oficina Balear de la
Infància i l’Adolescència (OBIA))

 Serafin Carballo – Former Director of the Oficina Balear de la Infància i

l’Adolescència until October 2021

Mr Carballo stated that there has been no ombudsman for 27 years and that the office has no

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 powers of enforcement. He explained that Mallorca is a leader in child abuse and
maltreatment statistics.

He noted that in 2017 there was an epidemic of runaways, but numbers have fallen in the last
four years. The IMAS recognised the problem of sexual exploitation of children in 2019 when
it appeared in the press and the fact that it did not agree to a commission of inquiry made the
problem grow politically. There have been files since 2008 and, according to him, the
discussion has not been focused on the best interests of the child. Educators and police
blamed each other. He also argues that we are dealing with a new type of adolescents, an
eroticised adolescence and minors who do not allow themselves to be protected. There is
instability in educational teams and staffing, an overload of bureaucratic work and a lack of
training for professionals. All this leads to an absence of effective supervision of minors by
the IMAS and the Public Prosecutor’s Office, and there is a crisis in the child protection
model. He thinks that there should be greater transparency and mediation in the child
protection system, which is not yet implemented. He believes that there is a need for
compensation for not knowing how or being able to protect these girls.

 Josep Luis Riera – Director of the Oficina Balear de la Infància i l’Adolescència

since October 2021

Mr Riera stated that the situation has improved, that monitoring visits are made to the centres,
in the presence of the directors and the children. The important challenge is the protection of
minors, but in his view it is necessary to rethink the system, to introduce mediation with
families and not remove children from their families, but rather help and inform them. He
believes that if the Justice System does not separate parents from children, parents have the
right to be informed.

Meeting with the Balearic Islands Public Prosecutor’s Office (Juvenile Prosecution
Service)

 Jose Diaz Cappa – Deputy Prosecutor for the Juvenile Section

The Prosecutor stated that we are facing a serious social problem that has existed since 2012
but only attracted media attention in 2019. He argued that children need to be empowered to
know how to say no and avoid risky situations and that relations with parents need to be
improved. What is important is the best interest of the child, and the solution cannot therefore
be merely a criminal one. Emphasis must be placed on preventive aspects. The authorities
cannot focus solely on bringing the case to the attention of the Public Prosecutor’s Office,
they cannot neglect their responsibilities, the basic problem that falls within their remit.
Prevention is very important and children must be given tools, as must their parents, who
must be included within the scope of responsibility. He explained that minors are victims of
temptation and are lured by deception. He believes that we need to work with them to help
them deal with the situation. Relations with the police and the Guardia Civil are good and the
investigation concluded that there is no network or criminal organisation. The Public
Prosecutor’s Office investigates cases with complete independence, visits the centres and
carries out constant monitoring, but does not intend to audit the authorities.

The Prosecutor provided interesting pointers on how to better tackle this social problem and
rethink the protection of minors: avoid runaways, increase technical staff and their training,

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adapt to new generations and new technologies as there is a new generational profile, create a
specific protection system for children in the residential environment, empower families and
children, as the role of parents is to make children more assertive. Specific centres for
children with behavioural problems should be set up and parents should never feel helpless.

Meeting with the national law enforcement agencies in the Balearic Islands

 David López del Val, UFAM, National Police (Chief Investigating Officer from the
Families and Women Unit)
 Antonia Alanzol, EMUME, Guardia Civil (Women and Children Team)

The police and the Guardia Civil explained that the minors do not consider themselves
victims at any time and do not want to be controlled. Runaways from juvenile facilities are
related to the abuse of children in care. Six operations were carried out in 2021 and 30 people
were arrested. According to Europol indicators, those arrested are not part of any network.
They recruit children in risky places and the children are abused by people who use them for
their own gain, but there is no organised network. The Police had already detected cases in
2005. Girls are the main victims. They have more freedom of movement than they should
have and use their bodies to get money, drugs or clothes, outside the law. Since 2016
investigations have led to arrests, the police are doing everything possible to protect the girls
and to arrest the guilty parties and are in contact with the IMAS and the Juvenile Prosecution
Service.

During the question phase, comments were made by the following official Members of the
Delegation:

Peter Jahr asked what can be improved. How can the ‘house of horrors’ be brought to an
end?
Manuel Pizarro asked whether things are getting better or worse. He asked the Prosecutor
whether he enjoys full independence in his activities.
Ramona Strugariu thanked the law enforcement agencies for their work and also asked them
how the situation could be improved.
Kosma Złotowski asked the Prosecutor how prevention among minors could be improved.
Comments were also made by the Members accompanying the Delegation:
Rosa Estarás asked whether cooperation with the IMAS is good, whether they think that the
authorities have failed to act and whether the IMAS has appeared in the various pending
cases.
Alicia Homs asked about coordination with the IMAS.
Maite Pagazaurtundúa asked about the relationship with parents, how cooperation between
institutions could be strengthened and how non-physical damage could be repaired.
Jorge Buxadé asked whether any cases of abuse have been reported in centres and how
parents are informed of cases.

The Prosecutors explained that minors were running away sometimes three times a day, that
with a mobile phone they can offer sex and prostitute themselves using different applications
in places that are hotspots for delinquency, such as squats. Minors do not cooperate with the
police and prostitution is an easy way out for them, even if it is wrong, so we have to give
them tools so that they know how to say no. The groomers are other minors and they
prostitute themselves in order to have what other children have at school: branded clothing,

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 mobile phones, trainers. The protocols can be improved: watch that children do not have new
things, impose definite schedules and say they need to have the photographs of runaway
children in order to recover them (the IMAS does not provide them for data protection
reasons). The relationship with the IMAS is obtuse and could be improved, they do not know
whether it has appeared in the cases. Centres for minors under guardianship reflect a social
problem that also affects society as a whole: parents must supervise their children and above
all must be careful with mobile phones. As for abuse in the centres, if there has been any, it
has been between the minors themselves in the centres, not with third parties. In any case,
they confirmed that the protection of minors is an absolute priority for the police, the Guardia
Civil and the Juvenile Prosecution Service.

Visit to the Nazareth Foundation (Fundació Natzaret) centre (Avenida Joan Miró n 101,
07015 Palma de Mallorca)

Guillem Cladera Coll, the Director of the Fundació Natzaret, welcomed the MEPs who
visited the Foundation in the afternoon. He explained that the origins of the Fundació Natzaret
date back to 1924, when a printing press was set up in Palma de Mallorca to train and employ
young people from economically or socially disadvantaged families in the world of graphic
arts. The initial objectives of the Foundation were: to provide accommodation, a moral and
intellectual education and vocational training for children suffering from situations of social
exclusion and marginalisation. At one point in its history, more than 100 children were being
accommodated. To be able to cope with them, a self-contained operation was created, with the
Foundation having its own school, a paediatrician, a convent that took care of the needs of
kitchen and home, a printing school, etc. In 1988, the Foundation’s articles of association
were redrafted and the building complex was thoroughly renovated to adapt it to new
requirements: more family-like, personalised environments are created, in line with the new
fostering, education and training programmes and methods.

Currently, the Foundation’s corporate purpose is the temporary fostering and comprehensive
education of minors and young people under guardianship, of both sexes, from backgrounds
with considerable family and social difficulties. For this purpose, the Fundació Natzaret has
different fostering programmes adapted according to the age of the children and young
people. ‘We want to give tools and resources to minors so that they can integrate themselves
independently into the social system’. The Foundation has four shelters and flats managed by
the Foundation itself, ‘the minors live in a family environment that allows them to develop
normally’, ‘community life requires that the young people work together to carry out daily
household chores’. It is currently a non-profit foundation that promotes the comprehensive
education of children and young people and works with former foster youth, people with
disabilities and families in need of support, and supports people in need.
According to its articles of association, the Fundació Natzaret bases its activities on:
 providing temporary care and comprehensive education for children and young people
from environments with severe family and social deprivation,
 working to ensure full training for people,
 working for a society with just and democratic structures that enable and promote the
rights and values of the individual in the immediate social context.

It provides temporary accommodation services for children and adolescents. These are
residential care services for minors of both sexes who are subject to protection measures by

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the IMAS within the Mallorca Island Council: it takes care of their education, leisure
activities and relationships with their biological families, and the teams are multidisciplinary,
including psychologists and social educators.
It has emancipation programmes for adolescents (over 18 years old) that support individuals
previously under guardianship in achieving full emancipation.
It provides disability support services that help people with disabilities to improve their
autonomy and social and occupational inclusion. This service is provided in partnership with
the Mallorca Island Council.
Support projects assist minors and former fostered youth in their integration into the world of
work (Educant, Atención Comunitaria, Caixaproinfancia).

The MEPs chatted with the children supported by the Foundation, who asked them questions
and shared their hopes and dreams. The children explained how their days are spent, the
problems they encounter in their daily lives, which are not very different from those of other
children living in an open regime: going to school, playing sports or going out with friends.
They asked not to be stigmatised for the mere fact that they are in the care of a juvenile centre
and were very worried about what their future will be when they turn 18 and have to leave the
centre where they live. That, they say, will be their biggest challenge. The MEPs met a former
foster child who now mentors other children, who told them about his life experience. The
meeting was emotional and touching for everyone.

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 Recommendations and conclusions

Conclusions

The fact-finding visit to the Balearic Islands by the Committee on Petitions showed the
Delegation that the problem of sexual exploitation of children in care in the Balearic Islands is
multifaceted and requires comprehensive action by all competent authorities.

The complexity of the situation requires reinforced cooperation and improved communication
among the various actors, the guardianship institutions, the Mallorcan Institute of Social
Affairs (IMAS), which must work closely and effectively with the Juvenile Prosecution
Service and national law enforcement agencies.

Child victims must be given the greatest possible attention by the authorities who have
guardianship of them, which must at all times protect them from abusers. It has been
emphasised that the most dangerous indicator is runaways from centres, which should alert all
stakeholders immediately. They must work together in parallel and have all the tools at their
disposal to protect children.

The system for protecting minors under guardianship in the Balearic Islands must be
improved through more staff and funds and increased professional training for staff. There is
a need to review the system and create specific protection mechanisms for minors with
behavioural problems and also to assess the opportunity of establishing specific protection
centers (which is provided for in Organic Law 1/1996 of 15 January 1996 on the legal
protection of minors), which have not yet been developed in the Balearic Islands. According
to most experts, the residential system must distinguish between the profiles of minors with
different levels of risk and must be able to refer them to centres appropriate to their specific
needs. In the case of particularly endangered minors, consideration should be given to
changing their social milieu.

The importance of maintaining communication with the children’s parents has been
emphasised as a way of maximising their involvement in the children’s recovery process.

But above all, the emphasis must be placed on prevention, on the fight against academic
failure and drug addiction, and we must give minors tools and social skills that promote their
ability to be assertive in situations of abuse, and we must warn them of the dangers of new
communication technologies.

Regulatory law should be applied and enforced at the so-called known places of prostitution.

Recommendations

The European Parliament, in general, and this Committee on Petitions, in particular, has the
utmost respect for the delimitation of the competences of the Union, which, under the
principle of conferral, means that the Union should act only within the limits of the
competences conferred upon it by the Member States in the Treaties to attain the objectives
set out therein.

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On the basis of this fact-finding visit, the following recommendations are made to the
competent regional, national and European authorities:

1. Rethink the system of protection for minors in care at regional, national and European
level in order to ensure their safety; establish common minimum standards for systems
for the protection of children in residential care and child protection centres; work at the
European level to create protocols that establish guidelines for Member States; collect
data and statistics at Member States' and European level, in order to get a picture of the
problem of child sexual exploitation, as it is a problem with a European dimension;
specifically, collect data on school failure rates, access to post-compulsory education,
risk behaviours etc.;

2. Recognize sexual abuse and sexual exploitation committed against minors under
guardianship as an aggravating circumstance of responsibility, as are recognised minors
with a disability, to strengthen the provisions of Article 9 of Directive 2011/93/EU on
combating the sexual abuse and sexual exploitation of children and child pornography;

3. Highlights that the Commission launched infringement procedures against 23 Member

States for incorrect transposition of Directive 2011/93/EU on combating the sexual
abuse and sexual exploitation of children and child pornography, showing a problem of
compliance with EU law on this issue affecting practically the whole EU; calls on the
competent authorities at all levels to address and solve this shortcoming as a matter of
priority without further delay;

4. There is a need to reconsider judicial intervention in the assessment of and decision on a

declaration of neglect in Spain in accordance with the rule of law;

5. Create specific protection mechanism for minors with behavioural problems; assess the
need and opportunity for creating specific protection centres in the Balearic Islands for
minors with behavioural problems (Articles 25 et seq. of Organic Law 1/1996 of
15 January 1996 on the legal protection of minors); determine the distribution of these
centres according to the profiles of minors with different levels of risk, as envisaged in
Organic Law 1/1996 of 15 January 1996 on the legal protection of minors; particularly
endangered minors should be moved to other centres to change their predetermined
social environment; there is a need to segregate victims of child sexual abuse from
victims of sexual exploitation;

6. Improve coordination among institutions; improve communications and notifications

from the juvenile centres to other institutions involved in child protection, such as the
Public Prosecutor’s Office and the police, so they work in parallel and with the natural
or biological family in particular;

7. Substantially increase resources in the protection system expediting all investigations

of child abuse or exploitation cases, especially in view of the potential risk of political
cover-ups, allowing individualised interventions regarding minors and permanent
prevention and care services; establish a communication mediator to facilitate
communication with parents of minors under guardianship, taking into account the
rights of both parents and children and first and foremost best interest of a child; draw
up a personalised action plan for each minor and improve transparency;

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 8. Adapt the residential system to different protection situations: distinguish between
minors with the possibility of referral or return to their families and minors who, for
various reasons, may be under guardianship until they reach the age of majority;
provide support for adolescents whose status is legal and who are over 18 years of age
who were formerly under guardianship so that they can achieve full emancipation and
overcome their vulnerability, and help them with their education and future
employment; Put in place systematic policy changes concerning adolescents under
guardianship who reach 18 years of age in order to provide them with the support when
starting an independent adult life, as a crucial measure to eliminate their vulnerability to
sexual exploitation, drug addiction or other dangerous phenomena; specifically promote
the academic and professional training of minors, in order to achieve the best possible
employability;

9. Encourage the increase in numbers of foster families for children in order to support
their reintegration into society;

10. Speed up procedures for returning children to their parents or legal guardians in cases
where there has been a proven recovery of the capacity to exercise parental
guardianship; to this end, the guardianship system should allocate material and financial
resources to families, so that parents can take assume parental responsibility as soon as
possible;

11. Create practical protocols or adjust already existing protocols relating to the security of
centres for the protection of minors so they are not theoretical but easy to follow in
practice, respecting fundamental rights of minors and ensuring their safety at the same
time, and adapt them to comply with internal rules and to situations of voluntary
departures from centres, with the aim of dealing with adolescent runaways; it is
necessary to adapt the rules appropriate to the age of children and establish good
practices to prevent future cases of runaways and their consequences;

12. Ensure early application, at the slightest suspicion, of protocols to possible or

hypothetical victims of abuse, irrespective of possible criminal proceedings;

13. Need for prevention and clear action plans and protocols for possible victims of abuse
for the early identification of cases of sexual abuse and exploitation and the avoidance
of political pressure;

14. Strengthen and increase the ratio of educators, technical staff and other professionals in
protection centres; realign the training and selection criteria for these professionals;
ensure the stability of staff in their jobs and encourage educators to be role models for
minors; training must be specific and specialised;

15. Require greater agility and flexibility in the decision-making of guardianship bodies in
order to protect the best interests of the minor; avoid excessive bureaucracy;

16. Consider the creation of the figure of a minor ‘mentor’ as a role model for other minors
in the centres;

17. Support minors in acquiring social skills that promote their ability to be assertive,
especially in situations of abuse, as well as their cooperation in criminal investigations

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 and their general recovery;

18. Prioritise prevention, the fight against domestic violence, academic failure, early
dropping-out of school, drug addiction and alcoholism; provide sex education for
minors, with a specific focus on young girls who are particularly vulnerable, to give
them the knowledge in order to make informed decisions and think critically, and to
empower them against possible abusers; elaborate specific campaigns against sexual
exploitation at EU level; address the issue of the connection between sexual exploitation
and drug addiction;

19. Exclude any kind of ideological indoctrination in the education received by minors;

20. Need to work with the family and support parents in order to achieve their maximum
participation and to ensure their involvement in the recovery process of minors, and in
the solution to prevent legal guardianship from becoming a mere delegation of parents’
responsibilities to the administration; Need for major ongoing investment in order to
establish a wide support network for family members so to prevent risk-taking
behaviour in the future; promote the creation or reinforcement of the role of referent
counsellor or mediator - an external referent, outside the professional care team - who
provides complementary accompaniment to the minors, this would facilitate the creation
of a bond of trust that completes the quality of the care system and would contribute to
minimising psychosocial risks for minors;

21. Suggest that authorities and competent administrations provide the police with all the
relevant mechanisms and tools in order to speed up, as a priority, the search of minors
who have escaped from protection centres due to their high vulnerability;

22. Adapt education and protection systems to the new generational profiles of minors who
have significant potential for communication through ICT, which implies new
mechanisms for information and discussion; promote training for the whole population
on the potential risks existing in ICT; raise awareness between minors to recognize the
difference between a criminal organization and network of people sharing the same
hobbies or motivations, when using ICT networks.; establish all the requisite
mechanisms and put in place appropriate safeguards in order to prevent the use of ICT
networks as recruitment tools for criminal organisations;

23. Ensure objective, sensitive and responsible media coverage of these cases to avoid
stigmatisation of children in care in the society; always refrain from publishing any
personal data about the victims or succumb to political pressure; primary consideration
of children's best interest and safety is a must;

24. Ensure that, in the event of abuse of a child in care, the authorities responsible for the
guardianship of minors appear immediately on behalf of these minors in all cases,
whether against the persons accused of abuse or in cases for possible concealment or
omission, initiate ex officio internal investigations to assess the errors committed as
well as the protocols that have malfunctioned, initiate objective and impartial ex officio
investigations in regional or national courts to determine any responsibility at political
level and ensure that no political authority shall overlook, cover up or underestimate its
responsibilities in cases of abuse of children in care;

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 25. Regulatory law should be applied and enforced, particularly at the so-called known
places of prostitution.

In relation to the petitions, this Committee on Petitions makes the following recommendation:

26. Petitions No 1313/2020, No 1489/2020 and No 0122/2021 should remain open; after the
decision by the committee, the Spanish authorities will be asked for their opinion for all
investigations carried out at local, regional or national level, as well as judicial
enquiries, and; in view of the gravity of the situation, and the fact that the Balearic
Islands is the region with the most children at risk in all of Spain, implementation of the
proposed measures should be closely monitored.

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Annex

DIVERGENT ASSESSMENT

pursuant to Rule 228(3) of the Rules of Procedure

MEP Rosa D’AMATO (GREENS/EFA Group)

Divergent assessment concerning the “Conclusions” included in the Report following the
fact-finding visit to Spain from 11 to 13 April 2022
The fact-finding visit to the Balearic Islands by the Committee on Petitions showed the
Delegation that the problem of sexual exploitation of children in care in the Balearic Islands is
multifaceted and requires comprehensive action by all competent authorities.
Reinforced cooperation and improved communication among the various actors, the
guardianship institutions, the Mallorcan Institute of Social Affairs (IMAS), in closer
cooperation with the Juvenile Prosecution Service and national law enforcement agencies are
effective tools to address the complexity of the situation.
In this sense, it was already tangible and well described the huge amount of work made by the
competent authorities to combat this scourge, which is not exclusive to the Balearic Islands.
From the overall activities performed over the last years, there are clear elements indicating
major improvements in terms of, inter alia, increased number of the supporting staff, training
of professionals and overall organisation within and between the competent authorities in order
to give child victims the greatest possible attention by the authorities, who have guardianship
of them, which must at all times protect them from abusers. It has been emphasised that the
most dangerous indicator is runaways from centres, which should alert all stakeholders
immediately in order for them to work together in parallel and adequately use all the tools at
their disposal to protect children.
More staff, funds, and increased professional training for staff can further improve the system
for protecting minors under guardianship in the Balearic Islands, including by creating specific
protection centres for minors with behavioural problems (which is provided for in Organic Law
1/1996 of 15 January 1996 on the legal protection of minors). According to most experts, the
residential system must distinguish between the profiles of minors with different levels of risk
and must be able to refer them to centres appropriate to their specific needs. In the case of
particularly endangered minors, consideration should be given to changing their social milieu.
The importance of maintaining communication with the children’s parents has been emphasised
as a way of maximising their involvement in the children’s recovery process.
But above all, the emphasis must be placed on prevention, on the fight against academic failure
and drug addiction, and we must give minors tools and social skills that promote their
empowerment and their ability to be assertive in situations of abuse, and we must warn them of
the dangers of new communication technologies.
Institutions at all levels must reinforce gender mainstreaming, educating at all levels in order to
promote the values of feminism and strengthen the fight against any form of gender-based
violence across the EU.
Regulatory law should be applied and enforced throughout the Union to fully protect children
from all forms of sexual exploitation and sexual abuse in line with Article 34 of the United
Nations Convention on the rights of the child.

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 INFORMATION ON ADOPTION IN COMMITTEE RESPONSIBLE

Date adopted 30.11.2022

Result of final vote +: 20

–: 1
0:

Members present for the final vote
Substitutes present for the final vote
Substitutes under Rule 200(2) present
for the final vote
Markus Buchheit, Tamás Deutsch, Francesca Donato, Vlad Gheorghe,
Peter Jahr, Stelios Kympouropoulos, Dolors Montserrat, Ulrike Müller,
Emil Radev, Yana Toom, Loránt Vincze, Michal Wiezik, Tatjana
Ždanoka
Jarosław Duda, Rosa Estaràs Ferragut, Andrey Slabakov, Marie-Pierre
Vedrenne
Pablo Arias Echeverría, Jorge Buxadé Villalba, Hermann Tertsch, Juan
Ignacio Zoido Álvarez

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 FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

20 +
ECR Jorge Buxadé Villalba, Andrey Slabakov, Hermann Tertsch

ID Markus Buchheit

NI Tamás Deutsch, Francesca Donato

PPE Pablo Arias Echeverría, Jarosław Duda, Rosa Estaràs Ferragut, Peter Jahr, Stelios Kympouropoulos, Dolors
Montserrat, Emil Radev, Loránt Vincze, Juan Ignacio Zoido Álvarez

Renew Vlad Gheorghe, Ulrike Müller, Yana Toom, Marie-Pierre Vedrenne, Michal Wiezik

1 -
NI Tatjana Ždanoka

0 0

Key to symbols:
+ : in favour
- : against
0 : abstention

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