Humane and dignified conditions in detention
Conclusion
Most EU Member States that allow detention of children
in law have specialised facilities, either separately or as
distinct parts of existing holding facilities. One characteristic of detention facilities adapted to host children
is child-friendly spaces. Many facilities, however, are
like prisons. This makes it difficult, if not impossible, to
create an appropriate environment for children.
Some Member States are short of space in specialised
facilities, so they hold children in unsuitable holding
facilities. Conditions are typically inappropriate for children in short-term facilities, such as police cells or holding rooms near the border, where children are held,
either alone or together with their families, until a decision to release or transfer them to appropriate facilities.
Minimum standards are particularly difficult to implement when numbers of arrivals are large and people
are placed in infrastructure not originally intended to
hold migrants. When transfer, release or removal is not
immediate, short-term facilities may become congested
and detention conditions deteriorate further. There is
a shortage of training in child protection and child welfare for staff working in or guarding facilities where
migrants are deprived of liberty.
In practice, many Member States do not plan for
education at first reception or pre-removal facilities, as
the intended duration of stay is short. Recurrent obstacles to the provision of adequate child healthcare are
the lack of specialised doctors, access to medicines,
limited interpretation, lack of confidentiality and lack
of trust if medical staff are seen as closely affiliated to
the immigration authorities.
FRA opinion 7
Asylum-seeking children and children in return
procedures must not be deprived of liberty if
available facilities do not guarantee minimum
standards for the child’s well-being. To achieve
this, EU Member States must create child-friendly
spaces and take effective measures to prevent
holding facilities from being like prisons. This
affects infrastructure (such as removing barbed
wire or bars on windows), the use of force (e.g.
avoiding systematic handcuffing of children
or their parents during transport), reducing
the number of uniformed and armed staff, and
adopting flexible house rules (e.g. free access to
the yard).
To guarantee the right to education set out in
Article 14 of the Charter, EU Member States must
provide children with access to education. Where
detention lasts longer than a very short period,
education must be provided. Children should
have access to a formal education system, taught
by qualified teachers through programmes
integrated in the country’s education system.
Priority should be given to providing education
outside of detention facilities.
EU Member States should take proactive
measures to guarantee detained children the
right to healthcare enshrined in Article 35 of the
Charter. To that end, they should ensure regular
visits by paediatricians from outside the facilities,
provide effective interpretation services and
ensure accessibility of medicines. Medical
consultations and medical information must be
confidential and child-appropriate.
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