On 5-6 June 2025, the International Commission of Jurists (ICJ), Forum for Human Rights, and partners organized a two-day transnational workshop in Prague on the United Nations (UN) Treaty Bodies and the European Committee of Social Rights (ECSR).
Lawyers from Belgium, Bulgaria, the Czech Republic, Greece, Malta, and Poland, along with international experts engaged in an exchange on strategies addressing for using international mechanisms to protect migrant children from detention.
Participants took part in workshop sessions examining individual communications procedure of the UN Committee on the Rights of the Child (CRC), the CRC Committee’s General Comments, Concluding Observations, relevant case law, as well as the collective complaints procedure of the European Committee of Social Rights concerning violations of the European Social Charter.
Current and former experts from the UN CRC and the ECSR discussed in detail with participants the composition, working methods and complaints these bodies.
Lawyers presented compelling examples from past litigation brought before lesser known and underutilised international mechanisms, stressing the significant impact of such work. Participants examined recent case law including ICJ and ECRE v. Greece, which together with other actions contributed to the abolition of detention of children under protective custody in Greece. During discussions on litigation strategies, the lawyers involved shared challenges they faced bringing cases before the CRC Committee and the impact of the E.B. et al. v. Belgium and M.B. v. Spain decisions, among others.
“National lawyers and CSOs have far more instruments at their disposal than they currently use on a regular basis, including individual complaints procedures to UN Treaty Bodies and the collective complaints procedure before the ECSR,” said Karolína Babická, ICJ Senior Legal Adviser. “Special procedures can also provide important avenues for redress and advocacy”, she added.
Discussions allowed participants to identify strategic entry points for litigation, share good practices, and exchange advocacy strategies for achieving ratifications where states have not yet signed or ratified an individual or complaint mechanism. In each country represented at the workshop, specific issues were identified for further litigation and advocacy.
“Mechanisms such as the UN CRC benefit significantly from feedback provided by national lawyers. I encourage you to share your experience regularly with Treaty Bodies and other international mechanisms,” said Mikiko Otani , ICJ Commissioner and Former Chair of the CRC.
© ICJ/Adèle Dachy – All rights reserved – Use subject to prior authorization
The UN and Council of Europe mechanisms play a critical role in ensuring that no child is treated as merely an object of migration policy, but rather as a rights-holder who must never be detained.
© ICJ/Adèle Dachy – All rights reserved – Use subject to prior authorization
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The agenda is available here.
The ratification status of the discussed international legal instruments in six target countries of the project is summarized in this table.
Background
The Protecting Migrant Children against Detention through the EU Charter (RELEASE) project aims to deepen and expand existing work with a strong focus on strategic litigation and alternatives to detention (AtD) for migrant children at risk of being subjected to unlawful detention or whose rights may be violated alternatives to detention. The consortium of partners contributes to fostering a favourable EU environment to protect migrant children from detention in Malta – Aditus Foundation; Belgium – Défense des Enfants International-Belgique; the Czech Republic – Forum for Human Rights; Poland – Helsinki Foundation for Human Rights; Greece – Greek Council for Refugees; and Bulgaria – Foundation for Access to Rights.
This workshop is the second in a series of three transnational exchange workshops. In Luxembourg, the first workshop held in April 2025 focused on litigation venues in front of the CJEU. In October 2025, the third workshop will explore strategic litigation before the ECtHR in Athens.
Contact
For more information, please contact: Karolína Babická, ICJ Senior Legal Adviser: karolina.babicka@icj.org
