Oversight mechanisms
Effective complaints procedures are a basic safeguard
against ill-treatment in detention but complaint mechanisms are useless if the persons concerned do not know
about them.
FRA opinion 8
When designing approaches to immigration
detention of children, EU Member State authorities
should make full use of the advice and engage
the participation of ombuds institutions and
National Human Rights Institutions, especially
those with child-specific mandates.
Child protection authorities in EU Member States
should devote primary attention to children
deprived of liberty for immigration purposes.
Responsible authorities should consult child
protection agencies, at least when assessing
whether or not to detain a child together with
their parents. Child protection authorities should
also regularly visit children held in immigration
detention.
The European Commission could consider
undertaking unannounced Schengen evaluation
visits if there is evidence of arbitrary use of child
detention pending removal in a given EU Member
State.
EU Member States should ensure that each
detention or other holding facility offers childaccessible ways to submit complaints, for
example through a complaint box, and that they
inform children in a child-friendly manner about
their right to lodge a complaint. Responsible
authorities should follow up on each individual
complaint.
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