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Alternatives to Detention for Migrant Children - Module I: Care of Migrant Children

Date of creation
Name of project
CADRE Project (Children’s Alternatives to Detention protecting their Rights in Europe)
Author(s)
CADRE Project
EU or national law
EU law
Practice area
EU lawAdministrative mattersFundamental rightsHuman rightsImmigration and asylum lawRights of the childCriminal law
Type of self-learning material
Self-learning material
Target group
LawyersJudgesOther
Languages
English
Links to language versions
English

Description

Main learning objectives:

The first module provides participants with an overview of international and EU legal frameworks for alternatives to the detention of migrant children. The module defines the concept of a child and its scope and explores guiding principles on children’s rights, including the best interests principle, the right of the child to participate and to be heard, the right of the child to be free from discrimination, and the positive obligation on the state to provide care and protection to the child. Participants further learn about age assessment and its legal framework, the right to liberty for children and the rights and safeguards surrounding the detention of children, as well as the procedural rights of migrant children and their right to family life. Lastly, the module explores alternatives to detention for migrant children, following the best interests of the child principle. This project is funded by the European Union’s Justice Programme.

 

Target audience:

Professionals who work with migrant children including lawyers, judges and other justice professionals.

 

Table of contents:

  1. Introduction
  1. Definition of a Child
  2. Guiding Principles on Children’s Rights
    1. The Best Interests Principle
    2. The Right of the Child to Participate and To Be Heard
    3. Non-Discrimination
    4. The Positive Obligation to Provide Care and Protection
  3. Age Assessment
  4. The Right to Liberty
  5. Detention
  6. Procedural Rights of Migrant Children
  7. The Right to Family life
  1. Alternatives to Detention