Recommendation Year
Observation Date
Human Rights Committee
§17: The State party should: (a) Reduce the maximum legal period of detention for foreign minors awaiting deportation and, in any event, ensure that detention of children is permitted only as a measure of last resort and for the shortest appropriate period; (b) Take measures to ensure that the detention of foreigners is always reasonable, necessary and proportionate in light of the ir individual circumstances, that detention is resorted to for the shortest appropriate period and only if the existing alternatives to administrative detention have been duly considered and deemed not appropriate; (c) Ensure that the holding of asylum-seekers in reception centres is applied only as a measure of last resort for the shortest appropriate period , after due consideration of less invasive means; (d) Ensure that the physical conditions in all immigration detention and reception centres are in conformity with international standards.
2013
2013
Committee on the Elimination of Racial Discrimination
§ 20: The Committee calls on the State party to include in the next periodic report information [...] on the situation of foreigners in detention centres.
2011
2011
Committee against Torture
§ 17: The Committee recommends that the State party implement alternatives to detention of asylum seekers, including unconditional release, in particular of families with children and asylum seeking adults who are responsible for children; that asylum seekers enjoy freedom of movement in closed reception centres, with adequate reception conditions; that the State party review the duration of restrictions on freedom of movement of asylum seekers in closed reception centres and that it review the regime and material conditions in centres for foreign nationals awaiting deportation in order to ensure that they are in conformity with the principle of non-refoulement set out in article 3 of the Convention and in the 1951 Convention on the Status of Refugees
2012
2012
Committee on the Rights of the Child
§ 64: The Committee reiterates its previous recommendation (CRC/C/15/Add.201) to the State party to avoid any form of detention of asylum-seekers under 18 years of age. The Committee further recommends that the State party consider all possible alternatives, including unconditional release, prior to detention and emphasizes that this should not be limited to unaccompanied or separated minors, but extended to all cases involving children.
2011
2011
Committee on the Elimination of Discrimination Against Women
§ 39: The Committee urges the State party to immediately cease the detention of asylum-seeking, refugee or irregular migrant women and their children and to implement less coercive alternative measures.
2016
2016
Committee against Torture
§21: (a) End the practice of detaining persons in need of international protection, particularly children, and ensure the provision of alternative accommodation for families with children;
(b) Continue its efforts to improve material conditions in reception centres and detention facilities, including with regard to provision of basic necessities, health- care services and educational and recreational opportunities for children;
(c) Provide free legal assistance at all reception and detention centres, and facilitate access to those places by NGOs providing legal assistance;
(d) Develop and implement a standard procedure for the identification and protection of persons in vulnerable situations, including victims of torture and ill-treatment;
(e) Review the policy of obliging detained foreigners awaiting deportation to pay for their detention, with a view to abolishing it.
2018
2018
Committee on the Elimination of Racial Discrimination
§ 26: The Committee recommends that the State party duly consider alternative s to detention of asylum seekers and use detention as a last resort and for the shortest appropriate period, avoid detention of asylum seekers under 18 years of age, ensure that the conditions of all immigration detention and reception centres are in conformity with international standards, and end the practice of issuing expulsion orders prior to registering asylum applications.
2015
2015
Committee on the Rights of the Child
44. Recalling joint general comments No. 3 and No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 22 and No. 23 of the Committee on the Rights of the Child (2017) on the human rights of children in the context of international migration , the Committee urges the State party to:
[...]
(b) Ensure that, in asylum and immigration matters, all those under 18 years of age are treated as children, receive the requisite special protection and are not detained;
(c) Develop a standard age-determination procedure that is multidisciplinary, scientifically based, respectful of children’ s rights, used only in cases of serious doubt about the claimed age and takes into consideration documentary or other forms of evidence available and ensure access to effective appeal mechanisms;
(d) Harmonize legislation to prohibit the placing of children in immigration detention, which is never in their best interests, and ensure non-custodial solutions, including foster care, and prioritize the immediate transfer of asylum-seeking children and their families out of detention centres;
[...]
2021
2021
Human Rights Committee
29. The State party should:
(a) Ensure that detention is applied as a measure of last resort only and is justified as reasonable, necessary and proportionate in the light of the individual’ s circumstances;
(b) Ensure effective implementation of alternatives to detention in practice;
(c) Move to end the detention of all children, including detention of children with their families;
(d) Revise relevant regulations to ensure that the benefit of the doubt in age assessment cases is afforded to young persons, in accordance with international standards.
2019
2019
Committee on the Elimination of Racial Discrimination
22. Emphasizing that the detention of asylum seekers should be a measure of last resort and applied for as short a time as possible, the Committee recommends that the State party end the practice of detaining asylum seekers with their children, including persons who are subject to transfer under the Dublin III Regulation, and develop alternative non-custodial types of accommodation for asylum seekers, particularly for families with children.
2019
2019