FORGOTTEN
Administratively detained irregular migrants and asylum seekers
deprived of his or her liberty shall have the right to prompt
access to legal and other appropriate assistance, as well as
the right to challenge the legality of the deprivation of his or
her liberty before a court or another competent, independent
and impartial authority, and to a prompt decision on any such
action.
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Moreover, according to article 24 of the International
Covenant on Civil and Political Rights «every child shall have,
without any discrimination as to race, colour, sex, language,
religion, national or social origin, property or birth, the right to
such measures of protection as are required by his status as a
minor, on the part of his family, society, and the State», while
article 10 of the same Covenant provides that « all persons
deprived of their liberty shall be treated with humanity and
respect for the inherent dignity of the human person. {…}
Accused juvenile persons shall be separated from adults
and brought as speedily as possible for adjudication. {…}
Juvenile offenders shall be segregated from adults and be
accorded treatment appropriate to their age and legal status».
Finally, in accordance with article 24 of the Charter of
Fundamental Rights of the European Union, « children shall have
the right to such protection and care as is necessary for their wellbeing. […]In all actions relating to children, whether taken by public
authorities or private institutions, the child’s best interests must be a
primary consideration. Every child shall have the right to maintain a
personal relationship and direct contact with both his or her parents
on a regular basis unless that is contrary to his or her interests».
Regarding the legal framework of minor nationals of third
countries that are subjected to return procedures, article 20 of Law
3907/2011 provides that the competent authorities «shall take due
account of: a) the best interests of the child, b) family life {…} and
respect the principle of non-refoulement», while article 32 of the
same law provides that «unaccompanied minors and families shall
only be detained as a measure of last resort and for the shortest
appropriate period of time, only when no other adequate and less
coercive measure can be used for the same purpose».
Finally, according to article 46 of Law 4375/2016 regarding the
detention of asylum seekers the competent authorities {…} « shall
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