• The Spanish Stolen Baby Crisis: Why Stolen Baby Plaintiffs Have Been Unsuccessful in Spanish Courts and What Remedies Remain

    Author(s):
    Haley Wehner
    Date:
    2023
    Group(s):
    Michigan State International Law Review
    Subject(s):
    Law
    Item Type:
    Article
    Permanent URL:
    http://dx.doi.org/10.17613/a0sk-xf63
    Abstract:
    Estimates show that starting in the Franco Era and persisting well into the twentieth century, as many as 300,000 babies were illegally stolen from their parents in Spain. What started as a tactic to erase communist tendencies from the population of Spain progressed into a moneymaking business that lasted well after the country transitioned to democracy. As stories of stolen babies made their way into the media in 2011, thousands upon thousands of victims came to light. Unfortunately, none of the victims affected by Spain’s stolen baby phenomenon have received a favorable verdict in a Spanish court, and no offender has been charged for their crimes. The theft of babies in Spain is not a crime of the past; rather, its effects persist today. This note begins with the history and scope of the stolen baby phenomenon. Next, this note examines the challenges stolen baby plaintiffs face, specifically the statute of limitations for the crimes, legislative standstill, and Spain’s unwillingness to investigate their claims. Lastly, this note ends with an analysis of stolen baby plaintiff’s potential claims in international law as a crime of enforced disappearances.
    Metadata:
    Published as:
    Journal article    
    Status:
    Published
    Last Updated:
    5 months ago
    License:
    All Rights Reserved
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