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Migrant minors in detention: Practical needs and the limits set by the European Convention
Umeå University, Faculty of Social Sciences, Department of Law.
Umeå University, Faculty of Social Sciences, Department of Law.ORCID iD: 0000-0002-4971-7059
Umeå University, Faculty of Social Sciences, Police Education Unit at Umeå University.ORCID iD: 0000-0001-6113-414x
2023 (Swedish)In: Journal of Community Safety and Well-Being, ISSN 2371-4298, Vol. 8, no 4, p. 166-175Article in journal (Refereed) Published
Abstract [en]

State officials report practical needs to put migrant minors in detention, and the European Convention on Human Rights sets legal limits on this practice. This article defines the scope of circumstances under which migrating minors may be detained by analyzing The European Court of Human Rights case law, using judgments in which the detention of migrant minors has been alleged a violation of Articles 3, 5.1, or 8. It also explores states’ needs for detaining such children, using data from 19 interviews with Swedish police officers, and compares these views with the case law. Police interviewees primarily describe two needs to detain children: to make deportations of children smooth and dignified, and to prevent minors from committing crimes. The investigation finds that migrant minor detentions are rarely permissible according to the Convention—especially under Article 3—and that the permissible scope is too small to meet the expressed practical needs. The actors involved in the issue of detaining migrant minors might have different perspectives on the issue, but they must not lose sight of the fact that these children are categorized as some of the most vulnerable in society and that their rights must be protected.

Place, publisher, year, edition, pages
2023. Vol. 8, no 4, p. 166-175
Keywords [en]
children, human rights, law, migration, police
National Category
International Migration and Ethnic Relations Law and Society
Research subject
public law
Identifiers
URN: urn:nbn:se:umu:diva-218362DOI: 10.35502/jcswb.354OAI: oai:DiVA.org:umu-218362DiVA, id: diva2:1821239
Available from: 2023-12-19 Created: 2023-12-19 Last updated: 2023-12-20Bibliographically approved

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Hjertstedt, MattiasNilsson, IsakHansson, Jonas

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CiteExportLink to record
Permanent link

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Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf