Introduction
Since 2016, various EU Member States have been
attempting to speed up asylum processing and to make
returns more effective. Such efforts are likely to prompt
an increase in the use of detention, including to prevent absconding – possibly also affecting children. This
report takes a closer look at detention of third-country
national children for migration management or asylum
purposes – referred to as ‘immigration detention’.
The report covers unaccompanied children – children
who are not accompanied by their parents or a primary
caregiver – and children who are detained together with
their parents. A child is any person under the age of
18 years. The report does not address detention for
criminal offences.
Detention and deprivation of liberty are used as
synonyms throughout the report. They describe any
form of confinement of a person within a particular
place. They encompass all forms of deprivation of liberty
of non-EU nationals on immigration-related grounds,
regardless of what these measures are termed under
national law. This includes, for example, the French
retention or the “restriction of liberty” in hotspots on
the Greek islands under Article 14 (2) of Law 4375/2016.
The report presents the European and international
legal framework on immigration detention of children.
It gives an overview of such detention in the EU, highlighting practices of unlawful and arbitrary detention.
The report also presents opinions and promising practices to assist those involved in the implementation
of asylum and immigration policies, with the ultimate
aim of ensuring that immigration detention of children
ends completely or is truly only applied in exceptional
circumstances.
This report is structured in eight chapters. After
introducing the right to liberty and security, it examines
five sets of fundamental rights safeguards to prevent
unlawful and arbitrary detention. It ends with a chapter
on oversight. Figure 1 illustrates the report’s structure.
The report builds on previous FRA work on Separated,
asylum-seeking children in European Union Member
States (2010), Detention of third-country nationals in
return procedures (2010), the Handbook on Guardianship for children deprived of parental care (2014) and
its comparative report (2015).
Figure 1: Overview of the report’s structure
Right of the child to protection and care (Chapter 1)
Right to liberty and security (Chapter 2)
Fundamental rights
safeguards
Clear legal basis in
national law
(Chapter 3)
Based on allowed
grounds
(Chapter 4)
Necessary and
proportionate
(Chapter 5)
Respects procedural
safeguards
(Chapter 6)
Conditions are
humane and dignified
(Chapter 7)
Oversight mechanisms (Chapter 8)
Source: FRA, 2017
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