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Training Materials on Access to Justice for Migrants - Module II: Access to Justice for Migrants in Detention

Date of creation
Name of project
FAIR PLUS Project (Fostering Access to Immigrants’ Rights – Practical training for Lawyers and JUdgeS)
EU or national law
EU law
Practice area
Administrative mattersCriminal lawEU lawFundamental rightsHuman rightsImmigration and asylum law
Type of self-learning material
Self-learning material
Target group
JudgesLawyersOther
Languages
English
Links to language versions
Link
Training Materials on Access to Justice for Migrants - Module II: Access to Jus…

Description

Main learning objectives:

The second module provides an overview of the guiding principles on access to justice for migrants in detention. The module focuses first on the right to liberty, looking into the distinction between deprivation of liberty and restrictions on freedom of movement, before discussing alternatives to detention, and the legal requirements underlying detention. The module then allows participants to learn about procedural safeguards for detention, including the detainees’ right to be informed of the reasons for detention, to access a lawyer or medical treatment, to get judicial review of the detention order, and to be awarded compensation in the case of unlawful detention. Participants further learn about legal frameworks on the duration of detention, as well as those on detention conditions. This module therefore provides participants with a comprehensive overview of the rights and procedural safeguards protecting access to justice for migrants in detention. This project is funded by the European Union’s Justice Programme.

Table of contents:

  1. The right to liberty in international law
  2. Deprivation of liberty vs. restrictions on freedom of movement
  3. Alternatives to detention
  4. Clear legal basis, arbitrariness, necessity and proportionality
  5. Procedural safeguards in detention
  6. Information on reasons for detention
  7. Other safeguards following detention
  8. Right of access to an assistance of a lawyer
  9. Right to medical examination and medical treatment
  10. Right to inform family members or others of detention
  11. Right of access to UNHCR
  12. Right to consular access
  13. Judicial review of the detention order
  14. Requirements of effective judicial review of detention
  15. Effective judicial review in national security cases
  16. Compensation for unlawful detention
  17. Duration of detention
  18. Detention Conditions
  19. Appropriateness of place of detention
  20. Conditions of detention
    1. Personal space and overcrowding
    2. Access to healthcare
    3. Protection from ill-treatment, including violence in detention
    4. Cumulative effect of poor conditions
    5. Detention of persons with specific vulnerabilities