8
Oversight mechanisms
Persons deprived of liberty are confined to locations
outside public scrutiny, so they are at higher risk of
human rights violations than other people. Effective
oversight systems are, therefore, necessary to prevent
abuse and essential to ensure accountability for human
rights violations. This chapter describes the preventive
role of monitoring bodies and explains the role of child
protection authorities and Schengen evaluations. Monitoring or oversight bodies often act only after someone
complains. This chapter ends by illustrating the importance of complaint mechanisms for children deprived
of liberty.
8.1. Independent monitoring
bodies
The protection of fundamental rights would be
incomplete without a mechanism to prevent violations
from occurring. Therefore, mechanisms to ensure preventive action are essential, in particular when it comes
to the detention of vulnerable persons, such as children.
One of the most common and widespread methods of
preventing violations is preventive monitoring. This
happens at both the international and European levels.
Secondary EU law also recognises the important role
of monitoring bodies. UNHCR and entities working on
its behalf must have the opportunity to communicate
with and visit detained applicants, according to Article 10 (3) of the Reception Conditions Directive. Relevant
and competent national, international and non-governmental organisations and bodies must have the opportunity to visit detention facilities under Article 16 (4) of
the Return Directive.
The UN has several mechanisms for monitoring
detention facilities. The Working Group on Arbitrary
Detention conducts country-level field missions. Since
January 2015 it has visited only one immigration detention facility in the EU, in Malta.383
383 UN, OHCHR (2017), Country visits-Working Group on
Arbitrary Detention.
Tools and guidance: Practical guide to monitoring child detention places
Defence for Children International has published a practical guide to monitoring
places where children are deprived of liberty. The guide applies to all types of
deprivation of liberty. It takes into account the practical experience of a number
of national and international bodies, and draws on the experience of experts
working in the field. It aims to assist and strengthen the capability of monitoring
bodies to effectively carry out a visit to facilities where children are detained.
The guide was released on 15 February 2016 and is available through the Defence
for Children’s website.
It complements the 2014 guidance by the Association for the Prevention of
Torture, the International Detention Coalition and UNHRC “Monitoring Immigration
Detention, Practical Guide”, which is specific to immigration detention.
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