Directive 2008/115 and Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection must be interpreted as meaning that the obligation imposed on a third-country national to remain permanently in a transit zone the perimeter of which is restricted and closed, within which that national’s movements are limited and monitored, and which they cannot legally leave voluntarily, in any direction whatsoever, appears to be a deprivation of liberty, characterised by ‘detention’ within the meaning of those directives.
Key Words Archives: Assigned residence
The European Court found that whilst mutual enjoyment by parent and child of each other’s company constitutes a fundamental element of family life, it cannot be inferred from this that the sole fact that the family unit is maintained necessarily guarantees respect for the right to a family life, particularly where the family is detained.
The Steering Committee for Human Rights in this analysis, adopted on 7 December 2017, provided an overview of the applicable international human rights standards in the field of alternatives to detention in the context of migration.
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.
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.