Immigration detention of children remains a major fundamental rights challenge in the EU. A person’s right to liberty and security is a fundamental right, as enshrined in Article 6 of the EU Charter of Fundamental Rights (the Charter), Article 5 of the European Convention on Human Rights (ECHR) and in several UN treaty instruments. Any restriction of this right must respect the requirements established by international, European and domestic law, which are particularly strict for children.

This report outlines the main fundamental rights safeguards provided for in EU and human rights law to prevent unlawful and arbitrary detention. It also describes practical examples from the Member States, drawing on promising practices wherever possible.