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.
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