As it stands, the detention of minors is permitted by the Return Directive and remains a plausible option both according to the European Commission’s proposal to recast it, and the Council of the EU’s position on the matter.

According to the author of this discussion paper, although the Directive mandates Member States to explore all plausible alternatives and to use child immigration detention only as a measure of last resort, evidence suggests that detention is prolific and alternatives underused. Various prominent international and non-governmental organisations have advocated for the use of case management and community-based care alternatives.    

With negotiations on the recast ongoing, this discussion paper recommends implementing alternatives to detention as a clear substitute. The author concludes inter alia that case management and community-based alternatives can offer a child the chance to work through the return process in a non-custodial setting and with the necessary support, while still allowing the state a necessary degree of control.

Please read the full paper above.