A/75/183 asylum-seeking children. 42 In the United Kingdom of Great Britain and Northern Ireland, according to the Immigration Act 2016, unaccompanied childr en should not be detained except in very exceptional circumstances. 43 Similarly, in Guatemala, Decree No. 44 provides that as a general rule, unaccompanied and separated migrant children and adolescents shall not be detained and establishes that authoritie s shall prioritize open reception solutions to protect the rights of the child and family. 44 Ukrainian legislation provides that refugees and other individuals seeking international protection have the right to reside with relatives in a hotel, rented premises or temporary accommodation centres for refugees. 45 Under the Law on Foreigners and International Protection adopted by Turkey, detention is prohibited for unaccompanied minors seeking international protection and other vulnerable individuals. 46 Countries refraining from placing children in immigration detention in practice even though a prohibition is not enshrined in their domestic laws 44. A number of countries refrain from placing children in immigration detention in practice even though a prohibition is not enshrined in their domestic laws. In Cyprus, while legislation only prohibits the detention of a minor who has applied for asylum, in practice, children and families are not detained. 47 In Denmark, the Aliens Act implicitly allows minors to be administratively detained, as there is no distinction between adults and minors in the wording of the law; however, children and their families are generally accommodated in special parts of open asylum centres. Hence, since 2016, the detention of unaccompanied and separated children has as a rule not been applied in Denmark. 48 In Germany, “immigration detention”, including of children, does not occur, with the exception of individuals who are taken into custody and are awaiting deportation under special circumstances, which is allowed under domestic law. However, most federal states of Germany – which are responsible for implementing the respective legislation – completely refrain from placing unaccompanied minors, pregnant women, families or single pare nts with minor or school-age children into deportation custody. 49 Malta does not pursue a detention policy of children, irrespective of whether they are accompanied or otherwise. All care methods available to children are therefore community-based reception solutions. 50 Similarly, while Spanish law only prohibits the detention of unaccompanied minors, in practice, migrant families with children are never detained, and non-custodial measures are often provided for their appropriate reception and care. 51 Italy and Portugal also have policies not to detain children for immigration related purposes. 52 __________________ 42 43 44 45 46 47 48 49 50 51 52 20-09734 Submissions by the Platform for International Cooperation on Und ocumented Migrants (PICUM) and by Cyprus. United Kingdom, Immigration Act 2016. Available at www.legislation.gov.uk/ukpga/2016/19/ pdfs/ukpga_20160019_en.pdf. Guatemala, Decreto No. 44, Código de Migración, 2016. Available at www.acnur.org/fileadmin/ Documentos/BDL/2017/10978.pdf. Submission by the Ukrainian Parliament Commissioner f or Human Rights. Turkey, Law on Foreigners and International Protection, Law No. 6458 of 2013. Available at https://www.refworld.org/docid/5a1d828f4.html. Submission by Cyprus. Submission by Denmark. Submission by Germany. Submission by Malta. Spain, Ley Orgánica 4/2000, 2000; submission by Accem and Fundación Cepaim, Spain. Submission by PICUM. 11/23

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