Assessing necessity and proportionality 5.1. Last resort and alternatives to detention The first requirement when assessing necessity and proportionality is that deprivation of liberty is resorted to only when no other, less intrusive measures are suitable. European and international law specifically establish that the detention of children in the migration context needs to be a  last resort. As a  result, EU Member States have a positive obligation to first explore and implement less coercive measures. Essentially, this requires a three-step process, which is illustrated in Figure 10. 1. EU Member States should implement measures that fully respect the rights of the child to protection and care, such as unrestricted placement in a reception or other open arrangement, with the necessary support to guarantee the child’s well-being. 2. If restrictions to fundamental rights – usually the right to liberty – are necessary, alternatives to detention, such as reporting requirements or designated residence possibly combined with tailored case management, should be applied, giving priority to alternatives that are most effective. 3. Only if the purpose cannot be achieved by imposing alternative measures should deprivation of liberty be considered. The absence of alternatives to detention in national legislation or policy cannot be used as an excuse for resorting to detention in the individual case (see Chapter 1). Alternatives to detention include a  wide array of measures. Most of them restrict freedom of movement.165 Minimum rules for the administration of juvenile justice166 and non-custodial measures167 have been developed in the context of the UN to promote the creation of adequate juvenile justice systems. The rules are largely also relevant to immigration detention. Figure 10: Logical steps to assess if detention is a last resort No restrictions necessary Restriction of fundamental rights is effective Deprivation of liberty as a last resort Source: FRA, 2017 165 For more information see FRA (2010), Detention of third country nationals in return procedures, Luxembourg, Publications Office. EMN (2014), The use of detention and alternatives to detention in the context of immigration policies. 166 UN, General Assembly, Resolution 40/33, UN Standard Rules for the Administration of Juvenile Justice (The Beijing Rules), 29 November 1985, A/RES/40/33. 167 UN, General Assembly, Resolution 45/110, UN Minimum Rules for Non-custodial Measures (The Tokyo Rules), 14 December 1990, A/RES/45/110. 49