Right to family life Archives | Page 8 of 10 | International Commission of Jurists

Council of Europe Parliamentary Assembly Resolution 2020 (2014): The alternatives to immigration detention of children

Oct 21, 2021

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...

CJEU, M.A. v Belgium, Case no. C-112/20, 11 March 2021

Oct 21, 2021

This decision concerns a request for a preliminary ruling on the interpretation of article 5 of Directive 2008/115/EC of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (the Return...

Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) and No. 22 (2017) of the Committee on the Rights of the Child (CRC) on the general principles regarding the human rights of children in the context of international migration

Oct 21, 2021

The Joint General Comment of the CMW and CRC addresses the human rights of all children, independently of their or their parents’ status, in the context of international migration. Fundamental principles like non-discrimination, the best interests of the child...

Decision n° 166/2013 of 19 December 2013, Constitutional Court (Belgium)

Oct 21, 2021

Decision of the Constitutional Court on the action for annulment brought by a coalition of associations on the legality of article 74/9 of the law of 15 December 1980. The Court confirmed the legality of this article and clarified its scope, finding that the detention...