14 Under the European legal framework, immigration European Parliament has called for the end of child detention of children remains possible. The extensive immigration detention in four different resolutions,47 case law of the European Court of Human Rights European Union law merely provides that detention (ECtHR) has established that child detention is not of children should be applied as a measure of last prohibited, but states must prove that their detention resort and when alternatives are not available,48 is necessary and proportionate. In practice, the Court specifying that undocumented minors shall be usually finds a violation of the right to liberty and of detained only in exceptional circumstance, thus in the right not to be subject to ill-treatment in cases practice permitting it. concerning children. 46 Despite the fact that the Detention of children: developments at the national level According to the 2022 IOM, UNHCR and UNICEF a role in maintaining this status quo.51 In general, Recommendation,49 27 countries in Europe still resort detention (even of adults) in Ireland is exceptional to child detention in the immigration context. In 2019, and does not generally occur during the asylum the EU Fundamental Rights Agency documented procedure.52 that the detention of children has been on the rise since 2015 and that, according to available data, in In some countries, the prohibition of child detention 2016, detention of unaccompanied children pending has been achieved through civil society and par- return was allowed in 19 EU Member States. In this liamentary lobbying. In Italy, the so-called ‘Zampa respect, Ireland appears to be one of the very few EU Law’, the first text entirely devoted to the protection countries in which detention of both unaccompanied of unaccompanied children, was adopted in 2017.53 and accompanied children does not routinely take The law reaffirms the principle of the best interests place. The lack of dedicated facilities has played of the child and prohibits the expulsion and 50 46 Ex multis, ECtHR, 12.10.2006, Mubilanzila Mayeka and Kaniki Mitunga v. Belgium, app n° 13178/03; ECtHR, 15.4.2011, Rahimi v Greece, app n° 8687/08; ECtHR, 19.1.2012, Popov v France, app n° 39472/07. 47 European Parliament, European Parliament resolution of 3 May 2018 on the protection of children in migration; European Parliament resolution of 18 July 2019 on the situation at the USA-Mexico border Report on the implementation of the Return Directive, 2 December 2020; European Parliament resolution of 11 March 2021 on children’s rights in view of the EU Strategy on the rights of the child. 48 Article 16 of the Return Directive (2008/115/EC); Article 10 of the Reception Condition Directive (2013/33/EU). 49 IOM, UNICEF and UNHCR, 2022, Safety and dignity for refugee and migrant children: Recommendations for alternatives to detention and appropriate care arrangements in Europe. 50 Fundamental Rights Agency, 2019, Children in migration, p. 16. 51 As of 2022, a dedicated immigration detention facility has been established at Dublin airport, but it has very limited capacity as it holds maximum 4 people for up to 24 hours. Irish Penal Reform Trust, Immigration detention facilities at Dublin Airport Garda Station [accessed 23 October 2023]. 52 Although immigration detention is not a routine occurrence in Ireland, it is important to note that where it does occur, it is criticised by commentators on the grounds that mainstream prisons and police station are used. Interview with Catherine Cosgrave, Immigrant Council of Ireland, Ireland, on 20 December 2022. See also Global Detention Project, Ireland [accessed 23 October 2023]. 53 E. Rozzi, 2017, The New Italian Law on Unaccompanied Minors: a model for the EU?.