European legal and policy framework on immigration detention of children
3.1.2. Immigration detention of
unaccompanied children under
national law
Half of the EU Member States do not allow
unaccompanied children to be detained for asylum and/
or return purposes. Whereas some national laws ban
their detention in both situations, others disallow it only
in one, making it possible in the other. The significant
number of EU Member States that prohibit immigration
detention of unaccompanied children indicate that it is
possible to implement sustainable asylum and return
procedures without depriving unaccompanied children
of their liberty. Such a ban on child detention is effective in preventing arbitrary detention of unaccompanied
children. As such detention is only very exceptionally
allowed under EU law, it is also a pragmatic way to avoid
detailed assessments of whether or not deprivation of
liberty is necessary and proportionate in each individual
case (see Chapter 5).
A significant number of EU Member States do not
provide the possibility of detaining unaccompanied children for asylum purposes, whereas in other countries it
may be possible in certain, although often exceptional,
cases. Fourteen Member States do not allow detention
of unaccompanied children under one or more of the
grounds set out in Article 8 (3) of the Reception Conditions Directive and Article 28 of the Dublin Regulation (Figure 5). In three Member States the prohibition
on detaining unaccompanied asylum-seeking children
appears to be based on general provisions that envisage
Figure 5: Detention of unaccompanied children in asylum procedures
Forbidden by law
Allowed by law
Source: FRA, 2017 (based on sources listed in Annex 1)
36
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents