DEFENCE FOR CHILDREN INTERNATIONAL (DCI) - Belgium | Practical Guide 5.1. Deprivation of liberty procedures A. PROCEDURE OF DEPRIVATION OF LIBERTY AND ALTERNATIVE TO DETENTION Is there evidences that the decision to deprive a child of liberty has been taken as measure of last resort, for the shortest period of time and in the best interest of the child? ASK: Director CHECK: ʺʺ Individual file (administrative part), see whether the official decision has been taken by the competent authority (judicial, administrative or other public authority); see how it is motivated and how the use of deprivation of liberty rather than alternative measures has been explained; see the duration of the deprivation of liberty and if the decision allows a periodic revision ʺʺ Alternative measures, see whether the national law provides for alternatives to deprivation of liberty; see other options existing in practice as alternatives to deprivation of liberty; see which one(s) have already been used in the specific case of the child concerned Specific group: Foreign nationals children CHECK: ʺʺ Uncertainty about the minority of an irregular migrant child, see whether the child is treated as if s/he is a minor until the contrary is proven i.e. if s/he is deprived of his/her liberty in the interim ʺʺ Detention of children, including unaccompanied and separated children 7, see whether it is justified in relation with the best interest of the child ʺʺ Immediate release, see whether all efforts have been made for the placement of unaccompanied and separated children in a more appropriate facility 7  “Unaccompanied children” (also called unaccompanied minors) are children who have been separated from both parents and other relatives and who are not being cared for by an adult who, by law or custom, is responsible for doing so. “Separated children” are children who have been separated from both parents, or from their previous legal or customary primary carer, but not necessarily from other relatives. These may, therefore, include children accompanied by other adult family members. / CPT/Inf (2009)27, IV, 97, page 82. 94

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