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Alternatives to Detention for Migrant Children - Module II: Practical Example of Care of Migrant Children

Date of creation
Name of project
CADRE Project (Children’s Alternatives to Detention protecting their Rights in Europe)
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
Link
Alternatives to Detention for Migrant Children - Module II: Practical Example o…

Description

Main learning objectives:

The second training module explores alternatives to detention for migrant children, looking at the legal framework and practical examples of such alternatives to detention. In doing so, the module sets out the principles guiding the assessment of an alternative to detention for a child before exploring the alternatives to detention that comply with children’s human rights. For children, those alternatives to detention may involve case management or placement of children in mainstream child protection system or family-based care. Other alternatives existing for adults will also be discussed in this module. This module, therefore, allows participants to gain a better insight into alternatives to detention, their use in the context of migrant children, and to explore good practices on their implementation. 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. Alternatives to Detention – General Remarks
  1. Definition
  2. Principles guiding the assessment on an alternative to detention for a child
    1. The best interests of the child principle
    2. Minimum intervention principle
    3. Regular review
  1. Alternatives to Detention that comply with Children’s Human Rights

Key factors – essential for effectiveness of alternatives to detention

  1. Case management (community assessment & placement (CAP) model)

Examples of good practices

  1. Placement of children in mainstream child protection system, family-based care

Examples of good practices

  1. Other alternatives to detention used for adults
    1. Residential Facilities
    2. Regular Reporting
    3. Supervision
    4. Bail, bond, guarantor or surety
    5. Assigned Residence and Return houses