The Council of Europe Parliamentary Assembly establishes that child protection rather than immigration control should be the driving concern in how countries deal with unaccompanied children. Unaccompanied children should never be detained. The detention of children on the basis of their or their parents’ immigration status is contrary to the best interests of the child and constitutes a child rights violation as defined in the United Nations Convention on the Rights of the Child.
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The UN Special Rapporteur highlights that immigration detention practices across the globe, whether de jure or de facto, put children at risk of cruel, inhuman or degrading treatment or punishment.
“The ECtHR case Rahimi v Greece concerns the violation of articles 3, 5 § 1 (f), 5 § 4 and 13 ECHR, in a case of a migrant child from Afghanistan, and was decided by the Court on 05 April 2011.”