The Council of Europe Parliamentary Assembly notes that although the legislation of most member States provides for the introduction of alternatives to detention, the majority of countries are not applying them in practice. The Assembly calls for an end to the detention of migrant children.
Key Words Archives: Right to education
The recast “Reception Conditions Directive” is a recast of a previous Directive (Council Directive 2003/9/EC of 27 January 2003), with implementation deadline of 21 July 2015. The Directive covers also detention of asylum seekers (artt. 8-10) and of vulnerable persons and minors (art. 11).
The Committee considers that the elements to be taken into account when assessing and determining the child’s best interests, as relevant to the situation in question, are: the child’s views; the child’s identity; the preservation of the family environment and maintaining relations; care, protection and safety of the child; situation of vulnerability; the child’s rights to health and to education.
The Council of Europe Convention on Action against Trafficking in Human Beings (Council of Europe Treaty Series – No. 197) was adopted by the Committee of Ministers on 3 May 2005 and entered into force on 1 February 2008. It has been ratified by all the member States of the Council of Europe with the exception of the Russian Federation.
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.