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Key Words Archives: Right to health and health care

Council of Europe Parliamentary Assembly: A study of immigration detention practices and the use of alternatives to immigration detention of children

This study from the Council of Europe Parliamentary Assembly (PACE) provides an overview of issues relating to immigration detention practices, and promotes the use of alternatives to immigration detention of children (ATDs). The study argues that the main idea behind ATDs is identifying options which provide state authorities with a degree of control over asylum seekers while allowing for a basic freedom of movement. ATDs need to be regulated in order to avoid the arbitrary imposition of restrictions on liberty or freedom of movement and, even when alternatives apply, access to legal aid should be given to migrants, especially to children.

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Khan v. France, ECtHR, Application No. 12267/16, Judgment of 28 February 2019

In its judgment the ECtHR reiterated the finding that States Parties have a positive obligation to protect and take care of unaccompanied migrant children under Article 3 ECHR and Article 20 CRC. In cases concerning foreign minors, whether accompanied or unaccompanied, the child’s situation of extreme vulnerability is the decisive factor and it takes precedence over considerations relating to their status as an irregular migrant.

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Sh. D. and others v. Greece, Austria, Croatia, Hungary, North Macedonia, Serbia and Slovenia, ECtHR, Application No. 14165/16, Judgment of 13 September 2019

In its judgment the ECtHR reiterated the finding that States Parties to the Convention on the Rights of the Child have a positive obligation to protect and take care of unaccompanied migrant children under Article 3 ECHR and Article 20 CRC. The decision also challenged the lawfulness of the detention of migrant children on the basis of the best interests of the child principle.

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