European legal and policy framework on immigration detention of children Conclusion For detention to be lawful, it is essential under EU law, the ECHR and international law that national law provides for the possibility to detain non-nationals for immigration or asylum purposes. In the absence of a clear domestic legal basis, no detention whatsoever can be deemed lawful. Several EU Member States manage their asylum and return policies without resorting to deprivation of liberty. FRA welcomes the fact that the laws of several EU Member States currently prohibit the detention of unaccompanied children, and others, although formally permitting it, rarely use it in practice, if at all. FRA opinion 3 The European Commission should disseminate information about and promote EU  Member States’ positive experiences with managing their asylum and return policies without resorting to child detention or resorting to it in very exceptional cases only. The forthcoming 2017 European Forum on the Rights of the Child could be an ideal venue for taking the first step regarding this. 40