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26. Immigration detention, even in the most amenable conditions and for a short
duration, can have a profound and negative impact on children and may constitute a
form of cruel, inhuman or degrading treatment of migrant children ( A/HRC/28/68,
para. 80). 14 Scientific literature demonstrates that detention, even for short periods,
has a detrimental and long-lasting effect on a child’s development and their physical
and mental well-being, and might aggravate previous trauma. 15 Detention harms
children regardless of its condition, and this damage can occur even if the detention
is of relatively short duration. 16 For children fleeing human rights abuses or
persecution, detention is often part of a continuum of violence in their lives. Lengthy
migration procedures lead to prolonged immigration detention. Research indicates
that children who are detained for extended periods are more likely to experience fear,
isolation, psychological deterioration, disempowerment and depression. 17 The longer
they are detained, the more likely they are to be exposed to traumatic events.
27. Moreover, detention of migrant children often occurs in appalling physical and
grossly inadequate conditions, without proper oversight or regulation. Overcrowding,
restriction of movement within the facility, insufficient access to food, water and
sanitation, medical care and other essential services, and lack of recreation and
educational activities are among the most common issues. There are also reports of
abuses by State officials, private guards or fellow detainees, including torture and illtreatment, systematic extortion, sexual abuse and even enslavement. Detention
conditions may also have a gendered impact: for instance, girls may receive fewer
services than boys and older boys may be more likely to be separated from mothers
than girls. 18
28. Migrant children in detention facilities are unlikely to receive any formal
education or vocational training, which hinders the enjoyment of their rights to
education and to development. Opportunities for educational activities and alternative
learning programmes are very limited owing to the nature of detention.
29. Migrant children’s health concerns are often exacerbated by inadequate medical
services and treatment while in detention. Exposure to the unsanitary and
overcrowded conditions of detention increases their risk of infections. These risks are
more acute in the wake of the current COVID-19 pandemic. Deficient responses to
the pandemic violate the inherent dignity of those in immigration detention and create
conditions that constitute ill-treatment. 19 Furthermore, the abuse and neglect children
are exposed to in detention can instigate or compound mental disorders and
developmental problems. 20
30. Detention can have profound implications for migrant families. When families
are detained together, it can undermine the capacity of parents to care for their
children by rendering them unable to function in their roles as primary caregivers. In
some countries, migrant children are separated from their family members against
their will. Separated children experience a wide range of psychological disturbances,
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See also European Court of Human Rights case law, inter alia, A.B. and Others v. France,
No. 11593/12, 12 July 2016; and European Court of Human Rights, “Factsheet – Accompanied
migrant minors in detention”, May 2020, available at www.echr.coe.int/Documents/FS_
Accompanied_migrant_minors_detention_ENG.pdf.
Submission by the Stanford Human Rights in Trauma Mental Health Program.
Julie M. Linton and others, “Policy statement: detention of immigrant children”, Pediatrics,
vol. 139, No. 4 (April 2017).
Submission by the Stanford Human Rights in Trauma Mental Health Program.
Manfred Nowak, The United Nations Global Study on Children Deprived of Liberty (November
2019). Available at https://omnibook.com/view/e0623280-5656-42f8-9edf-5872f8f08562/page/1.
Submission by the Global Justice Clinic, NYU School of Law.
Submission by the Stanford Human Rights in Trauma Mental Health Program.
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