7 Humane and dignified conditions in detention This section examines the conditions in closed facilities where children, either with their families or unaccompanied, are held for the purpose of removal or as asylum seekers. The facility must ensure dignified detention conditions. Corresponding standards have been developed at the EU, Council of Europe and international levels. Even if detention in the migration context is on valid grounds prescribed by law and fulfils the formal criteria of legality, the conditions of detention themselves may breach EU law, the ECHR or other international human rights norms. This chapter analyses such detention condition requirements. This is the final set of safeguards described in this report against unlawful and arbitrary detention (Figure 16). This chapter deals with the type of facility used, examines child-specific training and analyses two specific aspects, namely access to education and healthcare. Both EU law and the ECHR require that conditions of deprivation of liberty must be humane and dignified, and that families should not be separated. Figure 16: Five conditions deprivation of liberty must meet to not be unlawful and arbitrary Fundamental rights safeguards Clear legal basis in national law Based on allowed grounds Necessary and proportionate Respects procedural safeguards CONDITIONS ARE HUMANE AND DIGNIFIED Source: FRA, 2017 69

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