This database entry is part of a case-law database: EU: Standards and Case-law on (alternatives to) detention of migrant children.

H.A. and Others v. Hungary, ECtHR, Application No. 39498/18, Judgment of 19 June 2025

This case concerned an Iraqi family with four children, one of whom being severely disabled, who were confined in the Tompa transit zone in Hungary while seeking asylum. They complained before the Court of violations of the European Convention on Human Rights, alleging : a) that their confinement in inadequate conditions, particularly given the children’s vulnerability, amounted to inhuman treatment; b) that their placement in the transit zone for almost four months constituted de facto deprivation of liberty; c) that the procedure violated their right to private life; and d) that they had no effective remedy. The Court found that: a) the conditions of detention for a family with young and disabled children breached Article 3; and b) the applicants’ confinement amounted to unlawful detention contrary to Article 5(1,4). The Court awarded just satisfaction. 

Read the full decision here. 

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