16 detention had on them.65 Thanks to these collective it is possible to detain children who are with their efforts, in April 2019 the Belgian Council of State families, as well as unaccompanied children in port temporarily suspended the Royal Decree that or airport transit zones.71 In 2019, on the occasion of provided for the detention of families,66 and later the 30th anniversary of the Convention on the Rights annulled some of its provisions.67 In light of this of the Child, UNICEF launched the ‘VousAvezLaClé’72 decision, families with children cannot be detained (You have the key) campaign to put an end to child in ‘closed centres’, but they can be held in ‘return detention. In the same year, several NGOs, including houses’, where they are subject to restrictions of their La Cimade73 and Anafé,74 submitted a petition to the freedom of movement, and considered to be detained French Parliament on this issue. In addition, between from a legal perspective. Civil society campaigns 2020 and 2022 the European Court of Human and joint litigation influenced the political parties, as Rights found in several cases concerning child Belgium included the aim to end child immigration detention75 that France was in violation of Article 3 detention in its 2020 government coalition agree- on the prohibition of ill-treatment and Article 5 on ment. At the time of writing, a legislative proposal the right to liberty. Following these developments, the that would definitively confirm the prohibition of child French Government suggested limiting the possibility detention in ‘closed centres” is under discussion in the to place families with children in detention in its 2022 Belgian Parliament.70 proposal to reform the immigration and asylum law.76 68 69 The proposal prohibits the detention of children In France, the pre-removal detention of unaccom- younger than 16 years old in detention centres on panied children within the territory is prohibited, the French territory. However, as NGOs pointed out,77 because the law prohibits their deportation. However, the restriction remains permissible in transit zones, in 65 PICUM, 2019, Fighting against the detention of migrant children in Belgium. 66 Council of State, Decision No 244.190, 4 April 2019. 67 Council of State, Decision No 251051 of 24th of June 2021. 68 Plateforme Mineurs en Exil, 2021, Les maisons de retour en Beglique : Une alternative à la détention à part entière, efficace et respectueuse des droits de l’enfant?. 69 Le Soir, 9 March 2023, Accord migratoire: pour Nicole de Moor, «un statu quo n’était plus supportable». 70 Chambre des représentants de Belgique, 29 Septembre 2023, ‘Projet de loi modifiant la loi du 15 décembre 1980 sur l’accès au territoire, le séjour, l’établissement et l’éloignement des étrangers et la loi du 12 janvier 2007 sur l’accueil des demandeurs d’asile et de certaines autres catégories d’étrangers sur la politique de retour proactive.’ 71 Transit zones are those part of territories situated in ports or airports between the arrival/landing point and the customs controls. In France, informal detention in these areas has a particularly long history. Already in 1998, the European Court of Human Rights (ECtHR) states that maintaining migrants in the Paris airport transit zone would amount to a deprivation of liberty. According to UNICEF, 3.135 children were placed in detention because of their parents’ undocumented status in 2021. According to ANAFÉ, Hundreds of unaccompanied minors were held in port/airport transit zones. 72 For more information on the campaign see here. 73 La Cimade is a network of organisations aimed at supporting migrants, campaigning at the political level and raising awareness on migration issues. 74 ANAFÉ (Association nationale d’assistance aux frontières pour les étrangers) support migrants and asylum seekers at French border through advocacy action and legal support. 75 ECtHR, 25.6.2020, Moustahi c. France, app. n° 9 347/14; ECtHR, 22.7.2021, M.D. et A. c. France, app. n°57035/1822. In the Moustahi case, the Court found a violation of both Articles 3 and 5 because of the placement of two unaccompanied children in the Mayotte detention centres together with adults. In M.D. et A.D., the detention of an asylum seeking mother with her infant child was deemed contrary to Articles 3 and 5 of the Convention. 76 ANAFÉ, Projet de loi immigration: l’UNICEF France et 20 associations appellent le Gouvernement et les parlementaires à interdire définitivement l’enfermement administratif des enfants, 1 February 2023 [accessed on 23 October 2023]. 77 Idem.