The detention of children in asylum procedures in Europe: Regulatory framework and alternatives

• Main Authors: Irena Drdúlová, Václav Stehlík
• Format: Article
• Language: English
• Published: Comenius University in Bratislava, Faculty of Law 2018-12-01
• Series: Bratislava Law Review
• Subjects: detention of children; alternatives to detention; best interest of a child; asylum procedure; Reception Directive; Return Directive
• Online Access: https://blr.flaw.uniba.sk/index.php/BLR/article/view/108

The article focuses on the regulation of the detention of children in asylum procedures in Europe with a special focus on EU law. It clarifies the framework of both international and European regulation, relevant case-law of the European Court of Human Rights and EU Court of Justice as well as soft law instruments adopted in this area. The article discusses grounds for detention, the requirements of necessity and proportionality, procedural safeguards as well as the dignity and human conditions in detention. A special attention is paid to the alternatives to detention, including detention of unaccompanied or separated children or families with children. It adds examples of the good practice.