Detention of families with children

Every day around the world millions of children are affected by the immigration detention. 

Immigration detention can seriously damage mental heatlth and development of children.

In many countries families with children live in the community while their immigration status is resolved. 

# endchilddetention

In Slovakia unacommpanied children and children separated from their parents receive the same treatment and care as Slovak children without care of their families.

This is, however, not the case when children arrive to Slovakia with their parents. If there is legal resons for detention of the parent, usually all family members including children, follow the fate of the parent.

In 2015 319 children and from January until September 2016 136 children have been placed in detention together with their families. In detention families are awaiting the execution of their return to the home country or country which they transferred on their route or they wait for result of asylum procedure. 

Detention should serve as measure ensuring their presence on the territory of the Slovak Republic before their situation is resolved, but should be only used as last resort, if other less restrictive measures (alternatives to detention) cannot ensure this purpose.

The Global Campaign to End Detention of Children

• wants to draw attention to the many detrimental effects that immigration detention has on children
• encourages States to cease immigration detention of children consistent with obligations according to Convention on the Rights of the Child
• promotes that States adopt alternatives to detention that fulfill the best interest of the child and allow children to remain with theri family members and/or guardians in non/custodial, communitz/based context while their immigration status is being resolved
• coordinated international, regional and national efforts with the goal of raising awareness of the issue of child immigration detention

CAMPAIGN POSITION
The Global Campaign believes that all refugee, asylum-seeker and irregular migrant children should be:

1.  Free
Children should under no circumstances be detained. Liberty is a fundamental human rights

2. Treated as children
Children are, first and foremost, children and should be treated in full accordance with international law regarding child rights

3. Looked after
The best interest of the child must be the primary consideration in any action that a State might take in relation to a child

4. In the community
States should transpose into their respective legislation and practice an end to the detention of children for migration reasons and seek to develop appropriate community placement models

5. With their parents
Consistent with the principles of family unity, the parents or primary care-givers should not be detained, but should be allowed to live in the community setting with their children, while having their status assessed. Unaccompanied or separated children should be appointed an independent guardian.

Human Rights League identifies itself with goals and position of the campaign and officially supports Global Campaign to End Detention of Children.

You can support Global Campaign to End Immigration Detention of Children by signing petition on the following link: http://endchilddetention.org/petition/

Human Rights League joins the efforts of the Global campaign by its own campaign to end detention of families with children

"CHILDREN DO NOT BELONG TO PRISON"

WHO ARE THESE FAMILIES?

Often these families are seeking asylum, seeking family reunification or fleeing from violence and poverty. Increasingly more women and children are migrating seeking safety and security. These families have taken an enormous risk when they leave their homes, at risk of exploitation and trafficking. 

Most families detained in Slovakia in 2015 and 2016 were from Syria, Afghanistan, Iraq and Kosovo.

WHY ARE FAMILIES WITH CHILDREN DETAINED?
Children are detained for the same reason as adults are detained, simply stated, they do not have the documentation allowing them to cross international borders. Children are also being detained on the premise that it is not in the best interest of the child to be separated from his or her family.

In Slovakia families with children may be detained only if it is inevitable and for the shortest time possible, since children are understood vulnerable persons. The words "inevitable" and "shortest possible time" associate with the higher standard of proof in cases of families with children. In practice, the reasoning of the detention decisions hardly differentiate between standards of inevitability and necessity, and in general all persons can be detained only for the necessary time, which is never distinguised from shortest possible time. 

The reasons for detention are preparation and execution of return to country of origin, country of transfer or another third country, in deportation, readmission or Dublin procedure, or establishment of the main elements of asylum application or as prevention of absconding if asylum application is considered abusive with mere purpose to avoid imminent danger of expulsion.

WHERE ARE FAMILIES WITH CHILDREN DETAINED?
In Slovakia families with children are detained in the centre for police detention of foreigners in Secovce, where conditions in the centre are adjusted in order to ensure family unity and specific rights of children. Children should be allowed access to education from third month of their staz, although educational activities take place from the beggining. Free time areas are adjusted to staz of children and specific activities for children are organised. Still, most standards of the detention apply to children in the same manner as to adults, such as access to fresh air and exercise - only twice a day for one hour, access to visits - once in three weeks, lack of access to communication channels, etc. In 2015 for short time families with children were also placed to Medvedov detention centre, which is not adjusted for the stay of families with children. Regime in both detention centres is prison/like, with barbed wires, fences, bars on window and mostly uniformed police personnel.

Also in 2015 several families with children were sent to asylum centre in Opatovska Nova Ves, due to full capacity of both detention centres. Regime and conditions in the asylum centre are very different from detention centres and families can ask for permission to leave the centre. This served as an example of alternative to detention, although all families absconded from the centre. Human Rights League believes if they were given clear information of their status, enumeration of rights and obligations and provided with services of social workers, lawyers and psychologists, some of them may have stayed in the centre.

HOW MANY CHILDREN ARE BEING DETAINED?
In 2015 319 children and from January until September 2016 136 children have been placed in detention together with their families. In detention families are awaiting the execution of their return to the home country or country which they transferred on their route or they wait for result of asylum procedure. 

WHAT IMPACT DOES DETENTION HAVE ON A CHILD?
Regardless of the conditions in which children are held, a number of studies have shown that detention has a profound and negative impact on child health and development.

Even very short periods of detention can undermine child psychological and physical well-being and compromise their cognitive development.

Children held in detention are at risk of suffering depression and anxiety, and frequently exhibit symptoms consistent with post-traumatic stress disorder (PTSD) such as insomnia, nightmares and bedwetting. Feelings of hopelessness and frustration can manifest as acts of violence against themselves or others.

Reports on the effects of immigration detention on children have found higher rates of suicide, suicide attempts and self-harm, mental disorder and developmental problems, including severe attachment disorder. They also found “marked differences between adults and children in the distress associated with various incidents.”

WHAT IMPACT DOES DETENTION HAVE ON THIER FAMILIES?
Children are detained due to their parents’ migration status and/or because it is believed that it is in the best interests of the child to keep children with their parents in immigration detention. This is in conflict with a child’s right to liberty, and may also contravene a child’s individual right to seek asylum.

However, the best interests of the child are also not served when parents or guardians are detained and their children transferred to an alternative care system. The separation of children from their parents or guardians for such reasons is in conflict with the rights of the child and erodes the functioning of families. As a result, children often lose the support and protection of their parents, or are forced to take on roles beyond their level of maturity.

For this reason, the Committee for Rights of Child has clarified that migrant families with children should be accommodated as a family in non-custodial, community-based contexts while their immigration status is being resolved.