Detention and people in situations of vulnerability With regards to the transfer of foreign prisoners, the handbook outlines the ideal standards in a dedicated subchapter. For clarity’s sake, ‘transfer’ is defined as completely different to ‘deportation’ – the former “aiming to assist with the social reintegration of offenders and reduce the harmful effects of imprisonment”, whereas the latter is “experienced as a  punitive measure undertaken in addition to the prison sentence and most often against the will of the prisoner concerned”. Source: UNODC (2009), Handbook on prisoners with special needs 5.1. Children More than 1 million children are involved in criminal proceedings throughout the EU each year, with some facing pre- and post-trial detention.185 It should be remembered that Member States set their own rules for the minimum age of criminal responsibility (MACR), including the minimum age for being tried in juvenile systems, the minimum age for being tried in adult systems, and the minimum age for incarceration. Some states set their MACR as low as ten years of age, while some are as high as 18. The age of liability even varies within states, depending on the severity of the crime or the individual child’s capacity to understand the crimes committed.186 The CRC specifies that a child is any person below the age of eighteen, unless under law applicable to the child, majority is attained earlier. This definition is underscored by the Council of Europe Guidelines on child-friendly justice, which makes the cut-off line of eighteen absolute. In addition to measures to protect the best interests of the child, the guidelines recommend means of ensuring child-friendly justice before and during judicial proceedings.187 Importantly, the guidelines state that “[a]ny form of deprivation of liberty of children should be a measure of last resort and FRA ACTIVITY Report on child-friendly justice In 2010 alone, thousands of children across 11 EU Member States took part in criminal and civil judicial proceedings, affected by parental divorce or as victims or witnesses to crime. Such proceedings can be stressful for anyone, prompting FRA to investigate whether children’s rights are respected in these proceedings. FRA’s report on child-friendly justice, published in 2015, focuses on the child’s rights to be heard, to information, to protection, to privacy and to non-discrimination. The research involved 570 interviews and focus groups with professionals working with children before, during, and after criminal proceedings. It found that, although all EU Member States have committed themselves to ensuring that children’s best interests are the primary consideration in any action that affects them, their rights to be heard, to be informed, to be protected and to non-discrimination are not always fulfilled in practice. The EU is promoting the Council of Europe’s 2010 Guidelines on child-friendly justice since adoption of the EU Agenda for the Rights of the Child on 15 February 2011. These guidelines aim to help EU Member States improve the protection of children in their judicial systems and enhance their meaningful participation, thereby improving the workings of justice. Source: FRA (2015), Child-friendly justice – Perspectives and experiences of professionals on children’s participation in civil and criminal judicial proceedings in 10 EU Member States, Luxembourg, Publications Office Upcoming report on detention of migrant children Migrant children should not be subjected to detention, nor should they be separated from their family members. Nevertheless, separated and/or unaccompanied children are detained to prevent unauthorised entry or to arrange their transfer in various EU Member States. Alternatives to detention should always be considered, especially when evaluating whether children will be detained with their parents. Children require a thorough assessment that considers all relevant circumstances, including their wishes. An upcoming FRA report will map laws and practices in all 28 EU Member States regarding migration detention of both unaccompanied children and children with families/guardians, for the purpose of collecting information on migration detention of children who are deprived of liberty under EU law regarding asylum or return. The report will address, among others: the deprivation of liberty of children not admitted at official border-crossing points; short-term arrest of children apprehended for irregular entry or stay; detention of children with parents/ guardians; detention conditions focusing on specialised detention facilities for families/unaccompanied children; compulsory education and healthcare; identification of child victims of trafficking and children in need of international protection; remedies and complaint mechanisms; and finally, the monitoring of the child’s well-being by child protection authorities. The report will be published in 2017. For more information, see FRA’s website 185 Kilkelly, U. et al. (2016). 186 European Commission (2015a), p. 7 187 Council of Europe, Committee of Ministers (2010), Articles II a), III b) and IV. 73