This case concerns 2 unaccompanied minor migrants interned in an overcrowded reception centre for adult migrants for 4 months. This constitutes a violation of Articles 3, 8 and 13 of the ECHR.
Source: click here.
Key Words Archives: Accommodation centers
Muskhadzhiyeva and Others v. Belgium, Application No. 41442/07, Judgment of 19 January 2010
On 10/03/2023 in
This case concerns the detention of a mother and her four children (aged 7 months, three and a half years, five and seven years at the time of the events) for more than a month in a closed transit centre whose infrastructure was unsuitable for the reception of children. The Court found that this constitutes a violation of Article 3 for all the applicants and a violation of Article 5 para. 1 in respect of the four child applicants, while no violation of Article 5 para. 4 was found for any of the applicants.
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J.B. and Others v. Malta, Application no. 1766/23 (Decision on interim measures)
On 31/01/2023 in
Decision on interim measures ordering Malta to release child applicants to an accommodation with reception conditions that would be compatible with Article 3 of the Convention, having regard to their status as unaccompanied minors.
Source: PDF with the link
Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals
On 07/09/2022 in
The “Return Directive”, with implementation deadline of 24 December 2010, sets up a common set of rules for the return of non-EU nationals who do not or who no longer fulfil the conditions for entry, stay or residence within the territory of any EU country, and the related procedural safeguards. It establishes a legal obligation for Member States to take due account of the best interests of the child (Article 5) and to use immigration detention of children and families only as a measure of last resort and for the shortest appropriate period of time (Articles 15 and 17).
Source: official link
UNHCR, Refugee Children: Guidelines on Protection and Care
On 07/09/2022 in
The UNHCR Guidelines aim to define the principles and practical measures for the protection and assistance of refugee children. UNHCR argues that because detention can be very harmful to refugee children, it must be used only as a measure of last resort and for the shortest appropriate period of time. The same principle applies to alternative accommodation in which children are held under prison-like conditions. Families must be kept together at all times.
Source: official link
Report of the Special Rapporteur on the Human Rights of Migrants: ending immigration detention of children and providing adequate care and reception for them
On 07/09/2022 in
This report of the Special Rapporteur on the Human Rights of Migrants, Felipe González Morales, was submitted in accordance with General Assembly resolution 74/148 and Human Rights Council resolution 43/6. It advocates for a human rights-based approach to end child migration detention. In particular, it urges States to integrate unaccompanied migrant children into national child protection and welfare systems without any discrimination, irrespective of the child’s migration status.
Source: official link