European legal and policy framework on immigration detention of children
Conclusion
The right of children to protection and care and the
principle of the best interests of the child are the starting points when examining deprivation of liberty of
children. As noted by the European Commission in its
2017 Communication on the protection of children in
migration, 48 in some instances, children have been
accommodated in closed facilities due to a shortage of
suitable alternative reception facilities. Prompt identification of children is needed to trigger the special
protection to which children are entitled.
FRA opinion 1
To promote children’s right to protection and
care, the EU and its Member States should
develop credible and effective systems that
would make it unnecessary to detain children for
asylum or return purposes, regardless of whether
they are in the EU alone or with their families.
This could include building on, for example, case
management, alternative housing, counselling
and coaching.
EU Member States should use age assessments
only where there are grounds for serious doubt
about an individual’s age. Age assessment
procedures should take into account children’s
rights. Independent experts, familiar with the
respective child’s cultural background and fully
respecting the child’s dignity, should undertake in
a gender-appropriate manner age assessments.
Recognising that age assessments cannot be
precise, in cases of doubt, authorities should treat
the person as a child. They should also permit
appeals against age assessment decisions. The
forthcoming European Asylum Support Office
(EASO) guidance should provide further advice
to EU Member States on how to apply these
considerations in practice.
48 European Commission, The protection of children in
migration, COM/2017/0211 final, 12 April 2014, point 4.
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