European legal and policy framework on immigration detention of children FRA opinion 6 To ensure children’s right to be heard, which is a  general principle of EU  law, EU  Member States should develop and use child-friendly information and materials, and train officers and other relevant staff to conduct procedures in a  child-appropriate manner and facilitate children’s involvement. In light of Article  24 of the Charter (rights of the child), EU  Member States should appoint a guardian as soon as an unaccompanied child is identified and before they decide on deprivation of liberty. Ensuring humane and dignified detention conditions Every detention facility at which children are held as asylum seekers or for the purpose of removal must ensure humane and dignified detention conditions. Strict legal standards have been developed at EU, Council of Europe and international levels. Even if detention in the migration context is based on valid grounds prescribed by law and fulfils the formal criteria of legality, the conditions of detention may result in breaches of EU law and render deprivation of liberty arbitrary. FRA opinion 7 Asylum-seeking children and children in return procedures must not be deprived of liberty if available facilities do not guarantee minimum standards for the child’s well-being. To achieve this, EU Member States must create child-friendly spaces and take effective measures to prevent holding facilities from being like prisons. This affects infrastructure (such as removing barbed wire or bars on windows), the use of force (e.g. avoiding systematic handcuffing of children or their parents during transport), reducing the number of uniformed and armed staff, and adopting flexible house rules (e.g. free access to the yard). To guarantee the right to education set out in Article 14 of the Charter, EU Member States must provide children with access to education. Where detention lasts longer than a  very short period, education must be provided. Children should have access to a formal education system, taught by qualified teachers through programmes integrated in the country’s education system. Priority should be given to providing education outside of detention facilities. 10 EU  Member States should take proactive measures to guarantee detained children the right to healthcare enshrined in Article 35 of the Charter. To that end, they should ensure regular visits by paediatricians from outside the facilities, provide effective interpretation services and ensure accessibility of medicines. Medical consultations and medical information must be confidential and child-appropriate. Using effective oversight mechanisms Persons deprived of liberty are confined to locations that are not subject to public scrutiny, so are at a higher risk of facing human rights violations. Therefore, effective oversight mechanisms are necessary to prevent abuse and essential to ensure accountability for potential human rights violations. These oversight systems include international, EU (Schengen evaluations under Regulation (EU) No. 1053/2013) and national mechanisms, such as independent monitoring bodies or child protection authorities. In addition, effective complaints procedures represent a basic safeguard against ill-treatment in detention. FRA opinion 8 When designing approaches to immigration detention of children, EU��Member State authorities should make full use of the advice and engage the participation of ombuds institutions and National Human Rights Institutions, especially those with child-specific mandates. Child protection authorities in EU Member States should devote primary attention to children deprived of liberty for immigration purposes. Responsible authorities should consult child protection agencies, at least when assessing whether or not to detain a  child together with their parents. Child protection authorities should also regularly visit children held in immigration detention. The European Commission could consider undertaking unannounced Schengen evaluation visits if there is evidence of arbitrary use of child detention pending removal in a given EU Member State. EU  Member States should ensure that each detention or other holding facility offers childaccessible ways to submit complaints, for example through a complaint box, and that they inform children in a child-friendly manner about their right to lodge a  complaint. Responsible authorities should follow up on each individual complaint.