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Key Words Archives: Family-based care

Case No. 18192/2011 before the Sofia District Court, Judgment of 05 April 2012

With this judgment an unaccompanied asylum-seeking child was placed in a family-type accommodation center for children and young people aged 7 to 18 years in preparation for reintegration into a family environment. The court took into consideration that the child lacked shelter, financial support, relatives or any other close people who can support the child, as well as the fact that the child’s return to Afghanistan imposed a risk to his life, because there were no relatives or adults able to provide him with adequate care.

https://legalacts.justice.bg/Search/Details?actId=ZqqVTCvgj0s%3D

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Case No. 745/2016 before District Court of Ihtiman, Judgment No. 15 of 01 February 2017

In the case of an unaccompanied child registered as an asylum seeker, the court stated that the Bulgarian legislation is applicable to all children residing in the country and in this sense, since the child was at risk, appropriate protection measures under the Law on Child Protection should be taken. The court took into consideration that currently there is no other option to protect the child and that there is real danger for his life and health because of the absence of parental care and supervision. Therefore, in respect of his right to proper physical, emotional and intellectual development, the court placed the child into the mainstream child protection services.

https://legalacts.justice.bg/Search/GetActContentByActId?actId=eJtUI8BrLi8%3D

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Steering Committee for Human Rights (CDDH), Practical Guidance on Alternatives to Immigration Detention: Fostering Effective Results

This Practical Guidance was adopted by the Steering Committee for Human Rights of the Council of Europe at its 91st meeting (18-21 June 2019). Its main focus is on the practical aspects of applying alternatives to detention, considering also the fact that in this field a ‘one size fits all’ approach is not possible. The Guidance covers the legal framework of the alternatives to detention system, the types of alternatives and the ways to make them effective.

https://www.coe.int/fr/web/human-rights-intergovernmental-cooperation/-/alternatives-to-immigration-detention-fostering-effective-results

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Steering Committee for Human Rights (CDDH), Legal and practical aspects of effective alternatives to detention in the context of migration

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.

https://rm.coe.int/legal-and-practical-aspects-of-effective-alternatives-to-detention-in-/16808f699f

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Report of the Special Rapporteur on the Human Rights of Migrants: ending immigration detention of children and providing adequate care and reception for them

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.

https://edoc.coe.int/en/migration/7533-a-study-of-immigration-detention-practices-and-the-use-of-alternatives-to-immigration-detention-of-children.html

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