Introduction
Table 2:
Longest period of detention of children detained on the reference dates, as reported by 14 EU Member States
EU Member
State
31 December 2015
31 March 2016
15 November 2016
1 December 2016
BE
UAC:15 days,a
AC: 3a days
A few hoursb
n.a.
n.a.
BG
AC: 27 days
AC: 5 days
n.a.
n.a.
CZ
0
AC: 34 days
n.a.
n.a.
FI
AC: 57 days
0
0
0
HU
AC: 8 days
n.a.
AC: 18 days
AC: 10 days
HR
AC: 3 days
16 days
n.a.
n.a.
LV
UAC: 195 days,
AC: 178 days
UAC: 109 days
AC: 224 daysd
AC: 241 daysd
LT
AC: 112 days,c
0
n.a.
n.a.
LU
AC: 2 days
0
n.a.
n.a.
NL
0
UAC: 10 days,
AC: 3 days
AC 14 days
AC 30 days
PL
UAC: 151 days,
AC: 151 days
AC: 82 days
AC: 23 days
AC: 38 days
SE
0
0
AC: 14 days
n.a.
SI
0
0
UAC: 1 day
UAC: 4 days
SK
AC: 56 days
n.a.
AC: 15 days
AC: 30 days
Notes: AC = accompanied child.
UAC = unaccompanied child.
n.a. = not available.
a
Cumulative figures that refer to the period between 1 January 2015 and 31 December 2015.
b
Refers to the period from 1 March 2016 to 31 March 2016.
c
Refers to the period 1 January 2015 to 31 December 2015.
d
Subsequently found by the State Border Guard to be an adult.
Source: FRA (based on information provided by EU Member States) and EMN ad hoc query, 2017
Ø The data collected are not comprehensive and
not directly comparable among EU Member
States, but they show that detention of
children – alone, and particularly together
with their families – is relatively common.
This indicates that deprivation of liberty is
not necessarily used as a measure of a last
resort. At the same time, the data also show
that, in most cases, detention does not go
beyond 15 days, although in specific cases
deprivation of liberty can become protracted.
Whether or not a child will be placed in
immigration detention and how long he or
she will stay there depend on several factors,
including the EU Member State, whether the
child is travelling alone or with parents, the
child’s age, the type of procedures the child is
involved in and considerations of public order
or national security.
Health, development
and well-being effects of
detention on children
Detention has a negative impact on children, no matter
the context in which it takes place, research has shown.
Deprivation of liberty can also have an irreversible
impact on the child’s well-being and development,
protected under Article 6 of the United Nations (UN)
Convention on the Rights of the Child (CRC). Such impact
further exacerbates existing consequences of forced
migration on children and may affect Article 4 prohibition of torture and inhuman or degrading treatment or
punishment), Article 24 (rights of the child) and Article 35 (health care) of the Charter. This section provides
an overview of some of the findings of research done
on children in administrative detention.
15
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