This discussion paper stands against the immigration detention of minors, even used as a measure of last resort, and calls for implementing meaningful alternatives to detention during return procedures. It also recommends mandating the collection of data on this matter.

In the context of migration, detention is permitted and regulated by a strict European legislative framework. Recognising the severity of the measure against the right to liberty and in order to enhance the safeguards for vulnerable persons, Member States rely increasingly on alternatives to detention. Alternatives to detention are often considered to be less resource-intensive, less intrusive for the individual, and more effective at reducing pressure on national detention systems, but their implementation comes with a series of challenges.

This focused study examines the use of detention and alternatives to detention in the context of immigration policies in Belgium.

UNHCR issues the Guidelines on the Applicable Criteria and Standards relating to the detention of Asylum-Seekers and Alternatives to Detention pursuant to its mandate.

Publication of the UNHCR: Legal and Protection Policy Research Series

On 15 December, EMN Belgium and the EMN Return Expert Group will host a half-day webinar on Alternatives to Detention. The online event focuses on the current legal framework on alternatives to detention, the implementation of these alternatives in practice and the identification of emerging good practices and pilot projects.

On 16 September 2020, the Interior Committee of the Belgian House of Representatives held a parliamentary hearing on a legislative proposal concerning the prohibition of detention of minors. EMN Belgium contributed to the hearing by presenting the laws, policies and practices in other EU Member States.

In its ruling n° 166/2013 taken today 19 December 2013, the Constitutional Court rejected the appeal introduced with regard to the detention of families with children.