7
Humane and dignified
conditions in detention
This section examines the conditions in closed facilities
where children, either with their families or unaccompanied, are held for the purpose of removal or as asylum
seekers. The facility must ensure dignified detention
conditions. Corresponding standards have been developed at the EU, Council of Europe and international
levels. Even if detention in the migration context is on
valid grounds prescribed by law and fulfils the formal
criteria of legality, the conditions of detention themselves may breach EU law, the ECHR or other international human rights norms.
This chapter analyses such detention condition
requirements. This is the final set of safeguards
described in this report against unlawful and arbitrary
detention (Figure 16). This chapter deals with the type
of facility used, examines child-specific training and
analyses two specific aspects, namely access to education and healthcare.
Both EU law and the ECHR require that conditions of
deprivation of liberty must be humane and dignified,
and that families should not be separated.
Figure 16: Five conditions deprivation of liberty must meet to not be unlawful and arbitrary
Fundamental rights
safeguards
Clear legal basis
in national law
Based on
allowed grounds
Necessary and
proportionate
Respects procedural
safeguards
CONDITIONS
ARE HUMANE
AND DIGNIFIED
Source: FRA, 2017
69
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents