Detention of migrants in an irregular situation 2012, para. 40

Paragraphe

Paragraph text: Migrant children are sometimes detained together with their parents when the latter are found to be in an irregular situation, justified on the basis of maintaining family unity. Not only may this violate the principle of the best interests of the child and the right of the child to be detained only as a measure of last resort, but it may also violate their right not be punished for the acts of their parents (art. 2, para. 2). This does not mean that the best interests of the child are served through splitting up the family by detaining the parents and transferring their children to the alternative-care system. The detention of their parents has a detrimental effect on children, and may violate children's right not to be separated from their parents against their will, as well as the right to protection of the family set forward in article 23 of the International Covenant on Civil and Political Rights and article 10 of the International Covenant on Economic, Social and Cultural Rights. A decision to detain migrants who are accompanied by their children should therefore only be taken in very exceptional circumstances. States must carefully evaluate the need for detention in these cases, and rather preserve the family unit by applying alternatives to detention to the entire family.

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