4
Executive Summary
This briefing presents noteworthy practices at the
and organisations in Belgium, Italy and the United
national and European Union (EU) level related to
Kingdom, among others.
safeguarding the rights of people in immigration
detention and ultimately ending detention for
The second chapter focuses on immigration detention
migration purposes, by focusing on a wide range of
of children, a practice which is never in the child’s
actors spanning from civil society to national gov-
best interests and should always be forbidden.1
ernments. It focuses on three advocacy objectives:
While EU law still allows for immigration detention
of children, there have been developments at the
1. raising the visibility of detention and its harms,
political and legislative levels in Germany, Belgium,
2. ending the detention of children in the context
France and Greece aiming at restricting the situations
of migration, and
in which children could be detained for immigration
3. implementing community-based solutions that
purposes. The cases of Ireland, Italy and Spain are
can ultimately prevent and contribute to ending
also explored, as these states do not generally detain
detention.
children (whether they are unaccompanied or with
their families). Overall, to comply with international
The first chapter of the briefing explores civil society
standards and to put an end to child detention in the
efforts aimed at unveiling what happens in immi-
migration context, further efforts are needed at both
gration detention centres as well as the harmful
the EU and national levels.
impact of immigration detention itself. Ensuring
that people in detention speak to the outside world
The final chapter focuses on community-based
and giving NGOs access to detention centres have
solutions to prevent or end immigration detention.
been identified as the most important tools in this
This section focuses in particular on the advantages
regard. It is also contended that further research, as
of providing support through case management,
well as litigation and advocacy, related to the right
which is a structured social work approach which
to communicate is needed. NGOs in the Netherlands
empowers individuals to work towards case reso-
and the UK have set up hotline systems to establish
lution (i.e., any temporary or permanent migration
contact with individuals in detention, most of whom
outcome, such as a visa, regularization scheme,
do not have access to their mobile phones. In Italy,
re-migration or voluntary return). This section
strategic litigation has challenged the state’s denial
explores case studies from Belgium, Bulgaria, Poland,
to grant NGOs access to detention facilities. Both
the UK and Italy, where case management projects
activities – phone communication and civil society
are run by civil society originations, in cooperation
visits - can be seen as part of a wider advocacy
with local (Belgium) or national (Bulgaria, Poland, UK)
strategy advocacy to end immigrant detention, as
governments. Although each national experience is
exemplified by the work of civil society coalitions
unique, the independent evaluation of these projects
1
Comvmittee on the protection of all Migrant Workers and Committee on the Rights of the Child, Joint General ,Comment No. 4 (2017) of the Committee on the
Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State Obligations
Regarding the Human Rights of Children in the Context of International Migration in Countries of Origin, Transit, Destination and Return, CMW/C/GC/4-CRC/C/
GC/23, paras. 10-13; Special Rapporteur on the human rights of migrants, 2020, Ending immigration detention of children and providing adequate care and
reception for them, para. 86.