Trafficking of children without family references and third country nationals fleeing Ukraine

aspects for their protection in Spain under a child-centred approach

Abstract

This paper looks at the responses of Spain to the arrival of unaccompanied migrant minors fleeing the conflict in Ukraine with a focus on the situation of Third Country Nationals. There are studies suggest that some characteristics of this childhood may intersect and make them more vulnerable to trafficking of human beings in its multiple aspects. The paper will focus on Spain as the receiving country and tackle the subject of trafficking of these unaccompanied minors in two steps: Firstly, the author will study the concept of vulnerability and how it might be linked to trafficking and intensified in war times. Secondly, it will analyse whether the recently activated Temporary Protection is an effective tool to protect these unaccompanied children on the move with respect to other tools such as the asylum laws. Finally, specific measures will be proposed for the implementation of a specific protective framework in Spain to ensure that children are always considered as such rather than foreigners. The paper will pursue an interdisciplinary perspective, integrating approaches from sociology and legal studies with a human rights and child approach to the interpretation of the law.