Oversight mechanisms
These bodies have drawn attention to many different
issues, ranging from access to education for children
in detention395 to access to fresh air.396 In Lithuania, the
Ombudsmen noted that in the section dedicated to
unaccompanied children, the few available information stands only offered information in Lithuanian.397
In Poland, the Commissioner for Human Rights recently
expressed its worry about the fact that the Guarded
Centre for Foreigners in Kętrzyn did not have a permanently employed paediatrician, considering that the
centre is mostly for families with children and unaccompanied children.398 In France, the General Controller of
Places of Deprivation of Liberty conducted an on-site
assessment of the facilities in which an Albanian family,
a mother and her two young children, were held. It
noted that the treatment of the mother and children
was satisfactory – but recommended, for example, placing young children in car seats during transfers due
to safety reasons.399 Finally, in the Czech Republic, the
Public Defender of Rights recommended the termination of permanent surveillance of the living quarters by
the security agency in the Detention Centre for Foreigners Bělá-Jezová.400
In addition to the National Preventive Mechanisms
under OPCAT, other independent human rights bodies
can also oversee children in immigration detention. In
Cyprus, for example, the Commissioner for the Rights
of the Child documented the systematic detention of
395 Poland, Commissioner for Human Rights (Rzecznik Praw
Obywatelskich) (2013), Realizacja prawa małoletnich
cudzoziemców do edukacji, Warsaw, Office of the
Commissioner for Human Rights, pp. 45.
396 Šelih, I., and Kalčina, L. (eds) Report of the Human
Rights Ombudsman of the Republic of Slovenia on the
Implementation of Duties and Powers of the National
Preventive Mechanism for the year 2014 (Poročilo Varuha
človekovih pravic Republike Slovenije o izvajanju nalog in
pooblastil Državnega preventivnega mehanizma za leto
2014) Lubljana, The Human Rights Ombudsman of the
Republic of Slovenia, p. 133.
397 The Seimas Ombudsmen’s Office of the Republic of
Lithuania (2016) 2014-2015 Report on National Prevention
of Torture, Vilnius, The Seimas Ombudsmen’s Office of the
Republic of Lithuania, p. 32.
398 Poland, National Preventive Mechanism (2016) Report
of the National Preventive Mechanism on the visit to the
Guarded Centre for Foreigners in Kętrzyn (Raport Krajowego
Mechanizmu Prewencji Tortur z wizytacji Strzeżonego
Ośrodka dla Cudzoziemców w Kętrzynie) Warsaw, National
Preventive Mechanism, 30 January 2017, p. 12.
399 France, Hazan, Adeline (Contrôleure générale des lieux
de privation de liberté) (2015), Report of the investigation
on the placement of families in administrative detention
centres (Rapport d’ enquête sur les placements de familles
en centre de rétention administrative), Contrôleur Général
des Lieux de Privation de Liberté, July 2015, p.7.
See also: Contrôleur Général des Lieux de Privation de
Liberté (2016), Annual report 2015. , p. 95.
400 Czech Republic, Public Defender of Rights, Report on Visit to
the Detention of Foreigners Bělá-Jezová, 22 December 2016,
p. 9.
unaccompanied children before 2014. The report helped
change policy and reduce instances of child detention.401
Finally, civil society organisations, charities and volunteers working in detention facilities also play an
important role in ensuring some scrutiny of detention
conditions, often alleviating the suffering of the most
vulnerable.
8.2. Child protection
authorities
The principle of the best interests of the child requires
Member States to take proactive measures, ensuring that
legislation, policies and practices at all levels of government give it primary consideration (Section 1.3). In
addition, it requires Member States to carefully assess
the impact of detention on the right to respect for
family life before depriving a child or their parents of
liberty. The assessment must consider the short- and
long-term impacts on the child, including possible detrimental effects. Assessing this requires child protection expertise.
Although staff in direct contact with children should have
specialised training and skills (Section 6.2), in practice,
child protection capacity in migration detention facilities
is limited, research shows. Only a few Member States
have social workers in the detention facilities (usually those that host families), for example Belgium, the
Czech Republic, Denmark, Hungary and the Netherlands.
• In the Belgian detention centre La Caricole, each
family has a reference person who is a social
worker.402
• The social workers in detention facilities in the
Czech Republic work directly for the Refugee Facilities Administration of the Ministry of the Interior and
are responsible for, inter alia, identifying victims of
human trafficking.403
• In Hungary, social workers call in the child protection
authority if they observe child abuse, serious neglect
or any other serious threats to the child or serious
danger.404
401 Cyprus, Commissioner for the Rights of the Child (2014),
Position of the Commissioner for the Rights of the Child
Leda Koursoumba regarding the first instance handling of
unaccompanied minor- Findings from the investigation of
complaints, from NGO consultations and from interviews
with unaccompanied minors, File No. G.E.P. 11.11.44.01,
November 2014.
402 Belgium, Jesuit Refugee Service.
403 Czech Republic, Communication with the Methodology
Department of the Refugees Facilities Administration of
the Ministry of the Interior (Oddělení metodiky, Správa
uprchlických zařízení MV).
404 Hungary, Ministry of the Interior (2013) ‘Ministry of the
Interior Decree 29/2013 (VI 28) on Rules Implementing
Asylum Detention and Asylum Bail’, Section 19.
91
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents