Statement
in the framework of the European appeal
against detention and forced removal of minors
The principle is that minors shall never be detained or removed by force.
There should be a presumption of minority for a foreign national who declares himself a minor until this has been reverses by a judicial body.
Unaccompanied minors
- in the case of their arrival on the territory
Unaccompanied minors should be admitted into the country and never be detained.
Unaccompanied minors shall be immediately placed in the care of child-welfare authorities or shall be able to join members of their family already in the destination country.
- in the case of persons irregularly staying on the territory of a Member
States
The notion of irregular stay shall not be relevant for minors, therefore minors shall not be subject to a removal order or to a detention measure.
If
the return in the State of origin is in the best interest of the child,
it shall never take place in the framework of a forced return procedure.
Ideally, the minor should explicitly agree with returning.
In any case, the judicial authority in charge of child protection shall
give a final agreement, after checking that this return corresponds to
the best interest of the Child.
Minors with
Families
Families shall never be detained, alternatives to detention for families should be the absolute rule.
Voluntary return should be the priority.
This position applies to asylum seekers in the framework of a readmission in a European State following the 343/2003 Council Regulation (18/02/03), “Dublin II”.