When, exceptionally, children are held with their parents in a detention centre, the
deprivation of liberty should be for the shortest possible period of time. Mother (or any
other primary carer) and child should be accommodated together in a facility catering for
their specific needs.72
The CPT concurs with the United Nations Committee on the Rights of the Child which
considers that “[i]n application of article 37 of the Convention [on the Rights of the Child]
and the principle of the best interest of the child, unaccompanied or separated children
should not, as a general rule, be detained. Detention cannot be justified solely on the basis
of the child being unaccompanied or separated, or on their migratory or residence status,
or lack thereof”.73 Further, other Council of Europe bodies, such as the Parliamentary
Assembly74 and the Commissioner for Human Rights,75 have stated that unaccompanied
children should not be detained.76
As soon as possible after the presence of an unaccompanied minor becomes known to the
authorities, a professional qualified person should conduct an initial interview, in a
language the child understands. An assessment should be made of the child’s particular
vulnerabilities, including from the standpoints of age, health, psychosocial factors and
other protection needs (including those deriving from violence, trafficking or trauma). 77
Every effort should be made to facilitate their immediate release from a detention facility
and their placement in more appropriate care.78
Any unaccompanied or separated child deprived of their liberty should be provided with
prompt and free access to legal and other appropriate assistance, including the assignment
of a guardian or legal representative79 who keeps them informed of their legal situation
and effectively protects their interests. Review mechanisms should also be introduced to
monitor the ongoing quality of the guardianship.80
Children should only be held in centres designed to cater for their specific needs and
staffed with properly trained men and women.81
In order to limit the risk of exploitation, special arrangements should be made for living
quarters that are suitable for children, for example, by separating them from adults, unless
it is considered in the child’s best interests not to do so. This would, for instance, be the
case when children are in the company of their parents or other close relatives. In that
case, every effort should be made to avoid splitting up the family.82
Children deprived of their liberty should be offered a range of constructive activities (with
particular emphasis on enabling a child to continue his/her education).83
Cyprus: 2013 visit, paragraph 36; Czech Republic: 2014 visit, paragraph 32.
Committee on the Rights of the Child, General Comment no. 6 (2005) on the Treatment of unaccompanied and
separated children outside their country of origin, CRC/GC/2005/6, 1 September 2005, paragraph 61
74 Parliamentary Assembly of the Council of Europe, Resolution 1707 (2010) on detention of asylum seekers and
irregular migrants in Europe, 28 January 2010, paragraph 9.1.9, and Resolution 2020 (2014) on the alternatives to
immigration detention of children, 3 October 2014, paragraph 3
75 Commissioner for Human Rights, Positions on the rights of minor migrants in an irregular situation,
CommDH/PositionPaper(2010)6, 25 June 2010.
76 Finland: 2014 visit, paragraph 29.
77 19th General Report on the CPT’s activities, paragraph 98.
78 Denmark: 2014 visit, paragraph 77.
79 “The former Yugoslav Republic of Macedonia”: 2014 visit, paragraph 122.
80 19th General Report on the CPT’s activities, paragraph 98.
81 Greece: 2015 visit, paragraph 108.
82 19th General Report on the CPT’s activities, paragraph 100.
83 19th General Report on the CPT’s activities, paragraph 99.
72
73
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