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Social & Legal Studies 34(3)
Introduction
Curfews are measures that restrict individuals to their homes during specified times,
usually in the evening and night. They have a long history and are a traditional
method of imposing social control (see, e.g. Collins and Kearns, 2001; Freitas, 1996;
Hazen and Brank, 2018; Jordan, 1993; Smith, 2012), as they ‘seek to mould the behaviour of targeted individuals’ (Johnsen et al., 2018). Throughout history, as Freitas notes,
in addition to being used as an emergency measure, for example during wartime or pandemics, ‘curfews have been enacted when powerful factions of society perceive the imminent loss of control over less powerful citizens. Each time the members of a group lacking
any substantial power and rights become the scapegoats’ (Freitas, 1996: 219). Similarly,
Jordan observes that the ‘curfew could be viewed as an explicit attempt to impose some
form of social control over the group that is least likely to succeed’ (Jordan, 1993).
Curfews form part of a trend in liberal democracies to increasingly exclude people
from public space, in order to deal with (future) crime, anti-social behaviour and political
protest (Beckett and Herbert, 2009; Moeckli, 2016; Sylvestre et al., 2020). A specific
characteristic of curfews is that they usually prohibit the mere presence of certain categories of people in any part of public space, independent of their behaviour and on a permanent basis (Moeckli, 2016: 102–114).
In the US for example, prior to the abolition of slavery in 1865, curfews prohibited
enslaved persons from being on the streets after a certain time, and as from the
mid-1890s, more and more cities enacted juvenile curfews, prohibiting children from
being on the streets after a certain time. These latter curfews were imposed as a means
to protect and control unsupervised and neglected juveniles, and, during the 20th
century, to combat juvenile (gang) crimes (Freitas, 1996; Hazen and Brank, 2018).
Also in Europe, juvenile curfews have become increasingly common (Moeckli, 2016:
87). For example, Iceland has juvenile curfews to reduce teen drinking (VOA News
Learning English, 2019), and in France juvenile curfews may be adopted by prefectures
or municipalities if the public place present a risk to the health, safety, education and
mental development of a young person during night time (Federal Association of
Child and Youth Protection, 2012). Curfews are also used to target other categories of
people. For example, curfews for persons who were not vaccinated for COVID-19,
enacted in some German districts in 2021 (Mercopress, 2021), and curfews enacted in
towns that are mainly Kurdish by the Turkish authorities (VOA News, 2016).
This article deals with another prominent current example: the curfew imposed on
asylum seekers who are contained in reception centres for asylum seekers on Greek
islands. As the EU entirely finances these centres, they serve as a blueprint for the
future of the reception of asylum seekers in the EU. This is in line with the newly
adopted recast of the Reception Conditions Directive (Directive (EU) 2024/1346),
which introduces ‘more targeted restrictions to the applicants’ freedom of movement
and strict consequences when such restrictions are not complied with’ (European
Commission, 2016), and with the new Asylum Procedures Regulation (Regulation
(EU) 2024/1348) with its broader reliance on border procedures and containment of
asylum seekers at the border (Wessels, 2023). Critical scrutiny of the measures in
these centres is, therefore, important.