Asylum-seekers and irregular migrants are facing increased detention across the European Union. It has been used to enforce return decisions, carry out Dublin transfers or as part of reception procedures for individual seeking international protection. It is therefore envisaged for several categories of individuals with diverse background, status and conditions of vulnerability. The upcoming Discussion Brief emphasises that:
- We need a better understanding of the existing EU legislative framework regarding immigration detention, the proposals put forward to recast the CEAS and the stakeholders’ perspectives and concerns;
- It is necessary to have an overview of current national practices which may violate the fundamental rights of migrants and EU law;
- A comprehensive assessment is needed on adverse consequences of migration detention, from the point of view of migrants’ health, vulnerability, psychological wellbeing and social sphere, as well as a consideration of the resort to less coercive alternative measures.
Key issues and controversies further highlighted in our earlier Discussion Brief include:
- The existing and possible new grounds for detention;
- The interpretation and implementation of the “risk of absconding”, along with the proposed 16 objective criteria to determine it (see ECRE’s comments on the 16 criteria);
- The length of detention;
- The possible limitation of the suspensive effect of legal remedies;
- The resort to alternative measures as a gateway to detention;
- The current lack of ban on child detention;
- The adverse impacts on health, psychological wellbeing and social relations of migrants.
This online consultation aims to discuss with national stakeholders, practitioners, policy actors and researchers the following three topics:
Topic 1: Needs for assessment of the use of detention
- Are there measures or systems put in place at the national level to monitor the situation of migrant detention?
- How can we better assess the use of detention across the EU considering the current legislative framework and the new proposals such as Return Directive Recast and Reception Condition Directive Recast? Please also fill out a quick scoring survey on different options.
- Which instruments are needed for regular access to data on migrant detention at the national level? Are national statistics on detention useful instruments in this respect?
Topic 2: Policy actions to ensure that needs are addressed.
- Are there alternative measures to detention provided at national level for migrants?
- Which are the most important measures that should receive more EU support?
- How do you assess whether the practice of migrant detention used at the national level is in line with EU legislation?
Topic 3: The role of the EU and other actors
- Do different stakeholders (governmental and non-governmental) have the right to monitor and assess the conditions inside migrant detention facilities?
- Which actors (the EU national or local actors) could help establishing compulsory mechanisms to provide data on immigrant detention, monitor migrants’ conditions in the detention facilities and sanction non-compliant practices?
- What role could the EU play in fostering good practices and increase the resort to alternative measures?
We invite you all to share your views, experiences and examples on the use of and alternatives to detention in your country of work/residence.
To join the discussion, please first log in to the platform in the top right corner.
When you leave a message, please note in the subject line the topic you are responding to in order to ensure a more interactive dialogue between commentators. Ex: “Topic 3: school boards play more important role than…”
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