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).
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Languages Archives: Spanish
Communications No. 55/2018 E.B on behalf of E.H. et al. v. Belgium, 24 March 2022
On 20/12/2022 in
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 to detention, including the option of allowing the families to remain in their own homes while they pursued appeals and other judicial remedies, was an element of the finding that Belgium had not taken the children’s best interests as a primary consideration.
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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
On 07/09/2022 in
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 related procedural safeguards. It establishes a legal obligation for Member States to take due account of the best interests of the child (Article 5) and to use immigration detention of children and families only as a measure of last resort and for the shortest appropriate period of time (Articles 15 and 17).
Source: official link
UNHCR, Refugee Children: Guidelines on Protection and Care
On 07/09/2022 in
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 shortest appropriate period of time. The same principle applies to alternative accommodation in which children are held under prison-like conditions. Families must be kept together at all times.
Source: official link
UN Human Rights Committee (CCPR), C. v. Australia, Communication 900/1999, Views of 13 November 2002
On 07/09/2022 in
In this decision the UN Human Rights Committee found a violation of article 9.1 ICCPR on the basis that the State, in light of the author’s particular circumstances, did not consider less invasive means than detention to achieve compliance with the State Party’s immigration policies.
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Report of the Special Rapporteur on the Human Rights of Migrants: ending immigration detention of children and providing adequate care and reception for them
On 07/09/2022 in
This report of the Special Rapporteur on the Human Rights of Migrants, Felipe González Morales, was submitted in accordance with General Assembly resolution 74/148 and Human Rights Council resolution 43/6. It advocates for a human rights-based approach to end child migration detention. In particular, it urges States to integrate unaccompanied migrant children into national child protection and welfare systems without any discrimination, irrespective of the child’s migration status.
Source: official link