In a letter to the Parliament of Iceland’s Judicial Affairs and Education Committee published , the Council of Europe Commissioner for Human Rights Michael O’Flaherty encourages Committee members to amend the bill establishing a departure centre for foreign nationals to exclude provision for the detention of children based on their migration status or that of their parents.
While the bill limits detention of children with their families to nine days and frames it as a measure of last resort, it does not require authorities to show, in each individual case, that no alternative measure is possible.
Citing the case-law of the European Court of Human Rights and the position of the UN Committee on the Rights of the Child, the Commissioner calls for amendments to the bill to ensure that if certain measures need to be taken in the interest of migration proceedings, these are non-custodial, ensuring that primary consideration is given to the best interests of the child.
