Opinions
whereas others allow it only in very exceptional
circumstances. This is a good practice that should be
maintained and followed by other states, also in light
of the provision at Article 4.3 of the Return Directive
which allows adopting or maintaining more favourable
provisions. It is namely difficult to imagine a case in
which the detention of a separated or unaccompanied
child simply for securing his or her removal would
comply with the requirements of the Convention of the
Rights of the Child (CRC).
Under no circumstances should separated children be
deprived of their liberty if it is not possible to ensure that
they are kept in appropriate facilities where separate
accommodation from adults can be guaranteed.
Where legislation exceptionally allows for the
deprivation of liberty of a separated child, domestic
law should require appointing immediately a legal
representative at no cost, unless the child already has
one, in addition to an independent guardian.
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