“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.
Key Words Archives: Reasonable time
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 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.
The Council of Europe Parliamentary Assembly invites to closely monitor the situation of the detention of asylum seekers and irregular migrants and establishes guiding principles in relation to legally permissible detention and minimum standards for conditions of detention. Furthermore, it encourages member states to examine and use to a much greater extent alternatives to detention.
These Guidelines reflect the current state of international law relating to the detention of asylum-seekers and are intended to guide governments and decision-makers, including judges.