6. Detention of children Figure 7: Pre-removal detention of separated children (excluding entry points), EU27 Detention is allowed Detention is not allowed Detention is allowed but never occurred in practice Source: FRA, September 2010 of children only when these are accompanied by their parents or legal representative.343 In some cases, 343 Belgium, Act of 12 January 2007, Loi sur l’accueil des demandeurs d’asile et de certaines autres catégories d’étrangers, 12 January 2007, Moniteur belge (31.12.2002), available online at: http://www.ejustice.just.fgov.be/ loi/loi.htm, which organises the reception of unaccompanied minors. In France, unaccompanied minors who are inside the country can never be required to leave the territory (CESEDA at Article 511.4) and thus cannot be detained in administrative holding centres. See, moreover, Slovenia, Aliens Act, Article 60.1, Slovakia, Article 62 (7) Aliens Act and Spain, Articles 35 and 62.4 of the Law No. 4/2000. In Portugal, Article 31.6 of Law 23/2007 includes a duty to grant to unaccompanied minors all material support and necessary assistance to fulfil their basic needs of food, hygiene, accommodation and medical assistance. It is understood that this provision is used as a basis for the policy not to detain separated children. In addition, the refugee law excludes the detention of unaccompanied minors seeking asylum seekers in the (Law 20/2006 of 23 June on reception conditions at Article 19.1 and Article 78.1 of Law 23.2007). unaccompanied children may only be detained in the waiting zones at entry points (primarily airports), but not in the administrative holding centres for persons pending removal.344 It should be recalled that safeguards against arbitrary detention also apply to children held at entry points who are also entitled to enjoy the rights set forth in the Convention on the Rights of the Child.345 As illustrated in Figure 7, if one excludes deprivation of liberty at entry points – which this FRA research has not systematically analysed – pre-removal detention of separated children is in principle possible in two thirds of the European Union countries.346 In at least two of 344 This is for example the case in France, see L221-5 CESEDA. 345 See CRC General Comment No. 6, paragraph 12. 346 Bulgaria, Law on Foreigners, Article 44(9); Czech Republic, FORA, 59