European legal and policy framework on immigration detention of children
children detained in Lithuania may participate in outside
events but this usually depends on initiatives by NGOs.
Leisure activities are often considered insufficient.
Promising practice
Access to e-learning and special
language training at school
In the Netherlands, if children aged below 13
years are detained at the Closed Family Facility
(gesloten gezinsvoorziening) Zeist for longer
than two weeks, they attend a primary school
by using e-learning in a special building at
the facility. Children accommodated at family
locations (gezinslocaties) participate in regular
education. In some cases, the primary school is
located on the premises of the family location as
an annex of a regular primary school. In Goes and
Amersfoort, the children attend nearby primary
schools. All schools offer a special programme for
children who have insufficient command of Dutch.
Children who know Dutch well enough follow
the regular curriculum offered at Dutch primary
schools. Children older than 12 years participate in
secondary education outside the family location.
Sources: AZS Papilio (2016), Home, page; Basisschool Villa
Kakelbont (2016), Meerwerf basisschool Villa Kakelbont staat
op het asielzoekerscentrum (AZC); Netherlands, Central
Agency for the Reception of Asylum Seekers (Centraal Orgaan
opvang Asielzoekers) (2016), Amersfoort; Obs de Brink (2016),
Locaties; OBS De verrekijker (2016), Home; Tangent (2015).
Hartelijk welkom op Prinsenbos, 3 November 2015; De
Tweemaster (2016), Taal Expertise Centrum Goes (TEC Goes)
7.4. Healthcare
Being able to access certain basic forms of healthcare
is a core right. It does not depend on a person’s legal
status or whether or not the person is deprived of liberty. However, there is no overall consensus on the
minimum level of entitlement. In emergency situations
denial of treatment would clearly not be compatible
with the right to life and the prohibition of degrading and inhuman treatment set forth in Articles 2 and
3 of the ECHR. Similarly, denying care to children and
of necessary antenatal, delivery and post-natal care
would be difficult to justify in light of Article 24 of the
CRC, Article 12 of the ECESCR and the Convention on
the Elimination of all Forms of Discrimination Against
Women (CEDAW).
In 2011, FRA mapped the standard of healthcare that
EU Member States offered to migrants in an irregular
situation. Most Member States provided only emergency healthcare to migrants in an irregular situation but
82
some also gave primary and secondary healthcare.360
Entitlements were broader for children, particularly if
they were unaccompanied, were formally tolerated or
attended school. Greece, Portugal, Romania and Spain
provided the same healthcare services to migrants in
an irregular situation as to national children in 2011,
according to this mapping.361
EU law regulates access to healthcare for asylum
applicants and persons in return procedures who are
detained. According to Article 11 (1) of the Reception
Conditions Directive, which regulates the detention of
vulnerable persons, the health and mental health of
applicants for international protection must be of primary concern to national authorities and their health
situation must be regularly monitored. More generally, under Article 19 of the directive, Member States
must ensure necessary healthcare, including at least
emergency care and essential treatment of illness and
serious mental disorders, to all applicants. The Return
Directive is more limited in its scope. It requires particular attention to vulnerable persons in detention pending return. Article 16 (3) of the directive requires that
emergency care and essential treatment of illness be
provided to detained persons.
The CPT has emphasised the important contribution
which healthcare services in places of deprivation
of liberty should make to combating ill-treatment of
detained persons, through the methodical recording of
injuries and the provision of information to the relevant
authorities. A comprehensive medical screening of all
newly-arrived detainees enables identifying those at
risk of self-harm, screening for transmissible diseases
and the timely recording of injuries. This is in the interest of both detainees and staff.362 The CPT also underlined the need to put in place procedures and training
to prevent acts of self-harm and suicides.363
360 FRA (2011), Fundamental rights of migrants in an irregular
situation in the European Union, Luxembourg, Publications
Office, Chapter 6.1. See also, FRA (2011), Migrants in an
irregular situation: access to healthcare in 10 European
Union Member States, Luxembourg, Publications Office, as
well as FRA (2015), Cost of exclusion from healthcare – The
case of migrants in an irregular situation, Luxembourg,
Publications Office, which in the introduction refers to the
expansion of healthcare services in Sweden in July 2013.
361 FRA (2011), Fundamental rights of migrants in an irregular
situation in the European Union, Luxembourg, Publications
Office, Chapter 6.2 and Table 8.
362 Council of Europe, CPT (2017), Factsheet on Immigration
Detention, CPT/Inf(2017)3, Strasbourg, p. 7; Council of
Europe ,CPT (2013), Documenting and reporting medical
evidence of ill-treatment, extract from the 23rd General
Report of the CPT, CPT/Inf(2013) 29-part, Strasbourg,
paras. 71-73.
363 Council of Europe, CPT (2013), Documenting and reporting
medical evidence of ill-treatment, extract from the 23rd
General Report of the CPT, CPT/Inf(2013) 29-part, para. 82.
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