A/74/136
many States, caregivers need to make a specific request and obtain, either separately
or jointly, authorization by judicial, social and/or prison authorities to allow the child
to live in prison with them. Some States also explicitly refer to further indi cators such
as: breastfeeding needs; lack of alternative child -care solutions; suitability of prison
accommodation for the child’s development; health of the child; protection of the
child’s safety; full parental responsibility and ability to exercise pare nthood; length
of the sentence; and the caregiver-child relationship before entering the prison.
53. The study research shows that there is a general lack of adequate prison
facilities, such as those with specific mother-child units or other special
accommodation for prenatal, perinatal and postnatal care and treatment.
54. If and when the time comes for separation of child and caregiver owing to age
limits imposed on co-habitation in prison, this requires careful preparation, well in
advance of the child’s departure, and the possibility for continued contact.
Questionnaire responses show that such policies are not always in place or
implemented in practice. In addition, the child’s best interests are not consistently
considered, and a review of the alternative care options is not always undertaken.
55. In some States, support to both caregiver and child, including psychological
counselling and enrolment in social programmes, is provided in cooperation with
social welfare institutions, educators, child protection authorities and
non-governmental organizations, and often depends on the resources available.
C.
Migration-related detention
56. Research for the study recognizes that migration-related detention of children
cannot be considered as a measure of last resort and is never in the best interests of
the child and, therefore, should always be prohibited. This applies to unaccompanied
and separated children, as well as to children with their families. Detaining children
to “keep families together” or for their “protection”, where alternative care is lacking,
can never be a justification.
57. Nevertheless, the data collected by the study indicate that, around the world, at
least 330,000 children are detained for migration-related purposes per year. At least
77 States are known to still detain children for such reasons, while at least 21 States
do not, or claim not to do so.
58. The practice of those States which refrain from placing children in migration
detention illustrates that legitimate State interests of regulating migration can be met
through policy responses applying non-custodial solutions. These include: open and
child-friendly accommodation within child protection systems that are disconnected
from migration policies and authorities; periodic reporting; foster families; and other
arrangements which prioritize the best interests of the child.
59. States that do detain children on the basis of their migration status offer multiple
justifications and employ a range of legal systems and physical locations for doing
so, including prisons, closed reception centres, offshore locations, transit shelters and
institutional settings. However, immigration detention of children and families is
often decided under a procedure that does not respect basic procedural rights, and the
conditions of detention are often appalling.
60. Regardless of the conditions of detention, the available evidence shows that
immigration detention is harmful to a child’s physical and mental health and exposes
the child to the risk of sexual abuse and exploitation. Reports have found that it both
aggravates existing health conditions and causes new ones to arise, including anxiety,
depression, suicidal ideation and post-traumatic stress disorder.
12/23
19-11838
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