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Alternatives to Detention for Migrant Children - Module III: Appropriate Procedures to Guarantee Access to Effective Remedies for Migrant Children in Detention and when Subject to Alternatives to Detention

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 III: Appropriate Proced…

Description

Main learning objectives:

The third module on alternatives to detention for migrant children allows participants to learn about the appropriate procedures guaranteeing access to effective remedies for migrant children in detention and migrant children subject to alternatives to detention. The module first introduces participants to the inherently detrimental effects of detention, which are particularly relevant in the context of children. Participants are then introduced to the legal framework on children’s right to liberty, their right to be heard and the accompanying safeguards ensuring that this right to be heard can be effectively implemented. The module lastly elaborates on alternatives to detention schemes that protect the rights of children. The module offers a comprehensive approach to the rights of children in detention or subject to alternatives to detention and the procedures ensuring access to these rights and remedies.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
  2. The inherently detrimental effects of detention
  3. The right to liberty
  4. The right to be heard
  1. Legal principles
  2. Enabling children to be heard through a cooperative approach
  3. Individual approach
  4. Legal Guardians and Legal Representatives
    1. Legal guardian
    2. Legal representatives, legal assistance and legal aid
  5. Hearing children in a formal setting
    1. General remarks
    2. The setting of a hearing
    3. The preparedness of the staff present
    4. The language and atmosphere of the hearing
    5. Information provided outside of a formal setting
  1. Alternatives to detention schemes that protect these rights