of the CCAC and limited, for 22 hours a day, from accessing the remainder of
the facilities. Without a written order, there is no clear legal basis for this
detention or grounds for their detention. For accompanied children, they
experience detention to the same extent and alongside their parents. Their
automatic detention without individual assessment or the consideration of
alternative measures is disproportionate to the aims of authorities. Moreover,
there is growing consensus that the detention of children for reasons related
to their or their parent’s asylum claim fundamentally conflicts with the best
interest of the child.[116] Where there should be a higher threshold for
detention of children to be considered proportionate: children in the CCAC are
arbitrarily detained.
The situation for children in the CCAC additionally amounts to a breach of
Article 3 ECHR prohibition on torture or inhuman and degrading treatment or
punishment. To prevent a breach of Article 3, the reception conditions for
children seeking asylum must ensure that they do not create a situation "of
stress and anxiety, with particularly traumatic consequences".[117] Children as a
group with "special reception needs" are not able to benefit from the rights and
guarantees of the reception conditions framework in this de facto detention.
Instead of quick and effective recognition in order to ensure access to "a
standard of living adequate for the minor’s physical, mental, spiritual, moral
and social development",[118] children are socially isolated and prevented
from accessing medical and legal assistance, and education. The further
enclosure of children in the "safe-zone" or alongside their parents in the CCAC
may have long-lasting effects on their physical and mental health.
[116] Majcher and Gionco for PICUM. 2022. Immigration Detention and De Facto Detention: What
does the law Say? Available here.
[117] Tarakhel v Switzerland (GC) [2014] ECHR (Application No. 29217/12), para 119.
[118] Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 on laying
down standards for the reception of applicants for international protection (recast). Article 23.
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