The asylum authorities had detained an unaccompanied asylum seeking child on the ground that it was in the interest of his own safety as he had taken part in fights with other asylum seekers at the reception centre. However, the court repealed the detention order highlighting that detention should be a measure of last resort. The court noted that the child had not been heard during the administrative procedure and neither his legal representative, nor a social worker had taken part in the procedure.
Key Words Archives: Deprivation of liberty
Case No. 4420/2011 before the Sofia City Administrative Court, Ruling No. 2263 of 25 May 2011
On 18/01/2022 in
The Court ordered unconditional release from detention of an accompanied migrant child. The case was initiated using the remedy of defence against factual unlawful action (detention). The court accepted the complaint that the permissible period of the minor’s detention (3 months) had passed and therefore the child’s detention lacked any legal basis.
UN Committee on the Rights of the Child (CRC), General comment No. 24 (2019) on children’s rights in the child justice system
On 21/10/2021 in
“This General comment replaces General comment No. 10 (2007) on children’s rights in juvenile justice. The scope of the comment is focused on children alleged as, accused of or recognized as having infringed criminal law.
Council of Europe Parliamentary Assembly Resolution 2020 (2014): The alternatives to immigration detention of children
On 21/10/2021 in
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.
Kanagaratnam and Others v. Belgium, ECtHR, Application no. 15297/09, Judgment of 13 December 2011
On 21/10/2021 in
ECtHR decision on the detention of a mother with her three children in a closed center for four months. The family had been refouled after applying for asylum at the border at Brussels Zaventem airport. The European Court of Human Rights condemned Belgium on the basis of articles 3 and 5 § 1 of the Convention.
Decision n° 166/2013 of 19 December 2013, Constitutional Court (Belgium)
On 21/10/2021 in
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 did not violate the child’s fundamental rights, including the right to family life and to protection from all forms of inhuman or degrading treatment.