Alternatives to detention for asylum seekers and people in return procedures (FRA)

This paper by the European Union Agency for Fundamental Rights seeks to provide guidance to policy makers and practitioners on the use of measures for asylum seekers and people in return procedures that do not unnecessarily deprive them of their right to liberty.

For asylum and return procedures to be implemented effectively, people need to be at the disposal of the authorities so that any measure requiring their presence can be taken without delay. To achieve this, EU Member States may decide to hold people in closed facilities.
They may also use non-custodial measures, or “alternatives to detention” to monitor and/or limit the movement of third-country nationals. These alternatives usually provide less intrusive conditions for the migrants and may also be more cost effective.

This FRA paper discusses a number of alternatives to detention. It presents various instruments and research material, together with the general human rights and EU legal framework. The first section covers the international framework that safeguards the right to liberty, while those that follow focus specifically on alternatives to detention.

For further information, please visit FRA's website.

Publication Date:
Wed 16 Dec 2015
Main theme: