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Key Words Archives: Deprivation of liberty

Minasian and others v. the Republic of Moldova, Application no. 26879/17

In this case the European Court of Human Rights has examined the detention of children without a legal basis when they accompany their mother in detention, the inability of children to challenge the lawfulness of their detention, the domestic courts’ failure to examine whether the children’s detention was a measure of last resort and whether detention centres areappropriate for housing families with children under Article 5 § 1, 4 of the European Convention of Human Rights.

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Communications No. 55/2018 E.B on behalf of E.H. et al. v. Belgium, 24 March 2022

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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