told us they had never even been given paper and a pen, except for the day of our
visit, when they were tasked to make drawings. Furthermore, many are illiterate and
no interpreters are employed in the center.191
Legal Standards Governing the Detention of Children
The Convention on the Rights of the Child limits the administration and duration of
detention for children. Their detention must be lawful, for the shortest appropriate
time, and may be used only as a measure of last resort.192 The Convention stipulates
that the best interests of the child shall be a primary consideration in all actions
taken by authorities, which includes the administration of detention.193 The
Committee on the Rights of the Child, the body that oversees the Convention’s
implementation, has specified that “[unaccompanied] children should not, as a
general rule, be detained,” and that “detention cannot be justified solely […] on their
migratory or residence status, or lack thereof.”194
The Convention on the Rights of the Child as well as the International Covenant on
Civil and Political Rights oblige states parties to separate adults from children in
detention.195 The European Court of Human Rights held in Mubilanzila Mayeka and
Kaniki Mitunga v. Belgium that the prolonged detention of an unaccompanied child
jointly with adults amounted to inhuman or degrading treatment.196
Besides the obligation to separate children from adults in detention, a number of
procedural safeguards apply to children who are detained. The Convention on the
Rights of the Child mandates states parties to provide detained children “the right to
191
Children detained at the center also do not receive any education.
192
CRC, art. 37(b).
193
CRC, art. 3(1),(2).
194
UN Committee on the Rights of the Child, General Comment No.6, para 61.
195
CRC, art. 37 (c), ICCPR, art. 10(b). The CRC only allows the joint detention of children and adults if it is in the child’s best
interests. Ibid.
196
“The Court notes that the second applicant was detained in a closed centre intended for illegal immigrants in the same
conditions as adults; these conditions were consequently not adapted to the position of extreme vulnerability in which she
found herself as a result of her position as an unaccompanied foreign minor,” Mubilanzila Mayeka and Kaniki Mitunga v.
Belgium, (Application no. 13178/03), Judgment of 12 October 2006, available at www.echr.coe.int, para. 103.
Left to Survive
62
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