English Archives | Page 6 of 24 | International Commission of Jurists

Minasian and others v. the Republic of Moldova, Application no. 26879/17

Jan 31, 2023

In this case the European Court of Human Rights has examined the detention of children without a legal basis when they accompany their mother in detention, the inability of children to challenge the lawfulness of their detention, the domestic courts’ failure to...

Communications No. 55/2018 E.B on behalf of E.H. et al. v. Belgium, 24 March 2022

Dec 20, 2022

The CRC Committee found that the children’s detention in closed family detention centres violated the prohibition on ill-treatment (art. 37 CRC), read alone and in conjunction with the best-interests principle (art. 3 CRC). Belgium’s failure to consider alternatives...

A.M. v. The Principal Immigration Officer, 5 November 2021

Dec 20, 2022

The applicant was a Bangladeshi national who was rejected from his asylum application and served with a removal order before he was referred for an age assessment procedure by the competent authorities and assessed as an adult following a bone test despite providing...

Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals

Sep 7, 2022

The “Return Directive”, with implementation deadline of 24 December 2010, sets up a common set of rules for the return of non-EU nationals who do not or who no longer fulfil the conditions for entry, stay or residence within the territory of any EU country, and the...

UNHCR, Refugee Children: Guidelines on Protection and Care

Sep 7, 2022

The UNHCR Guidelines aim to define the principles and practical measures for the protection and assistance of refugee children. UNHCR argues that because detention can be very harmful to refugee children, it must be used only as a measure of last resort and for the...