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.
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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
On 26/01/2022 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.
UN Human Rights Committee (CCPR), C. v. Australia, Communication 900/1999, Views of 13 November 2002
On 26/01/2022 in
In this decision the UN Human Rights Committee found a violation of article 9.1 ICCPR on the basis that the State, in light of the author’s particular circumstances, did not consider less invasive means than detention to achieve compliance with the State Party’s immigration policies.
Council of Europe Parliamentary Assembly Resolution 1707 (2010): Detention of asylum seekers and irregular migrants in Europe
On 21/10/2021 in
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.