A/HRC/29/36 Human Rights has challenged such practices. In 2012, the court ruled on Hirsi Jamaa and Others v. Italy, and held that Italy had violated articles 3, 4 and 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms by returning Somali and Eritrean migrants travelling by sea back to Libya. The argumentation of the Government of Italy cited the bilateral readmission agreement in place between Italy and Libya. However, the ruling, which was in favour of the applicants and awarded compensation, reflects that bilateral agreements cannot be used to justify practices that are incompatible with human rights. In 2014, in Sharifi and Others v. Italy and Greece, the European Court of Human Rights ruled on the treatment of irregular migrants who had entered Italy from Greece and then had been deported back to Greece, with the fear of subsequent deportation to their respective countries of origin. The Court ruled that both countries had violated articles 3 and 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms and that Italy had violated article 4 of Protocol No. 4 to the Convention. 40. In 2014, the European Commission launched a pilot project introducing a mechanism in Pakistan and Ukraine to monitor whether the human rights of returnees are respected. The project is implemented by the International Organization for Migration with UNHCR and local partners. The Special Rapporteur urges the European Union to ensure its effective implementation and to analyse and publish the results of this implementation. Furthermore, starting now, no one should be returned to any country under the Global Approach to Migration and Mobility without oversight by an effective post-return human rights monitoring mechanism. Continuing use of detention as a tool of border control 41. After making often extremely long, dangerous and arduous journeys to the European Union, many irregular migrants and asylum seekers are subjected to immigration detention. Detention is also commonly used by many States when migrants are waiting to be returned, either because of an unsuccessful protection claim or because they have been identified through the Eurodac database as having entered the European Union in another country. 42. Some instances of immigration detention in European Union member States are in contravention of international human rights law because such detention is defined in domestic law as not reasonable, necessary or proportionate, and because it is not decided on a case-by-case basis. Additionally, there are a number of human rights concerns relating to the impact of detention. Many migrants perceive their treatment as harsh and punitive, despite irregular migration not being in any way a criminal act. Prolonged detention without a clear basis has been shown to have a devastating effect on migrants’ and asylum seekers’ mental health, for example by contributing to post-traumatic stress disorder, anxiety and depression. This is frequently compounded by unacceptable detention conditions, such as unsanitary toilet and shower facilities and unhygienic kitchens. Plus, there is a lack of access to health care, as well as to physical and recreational activities. 43. Long periods of immigration detention can also lead to sustained barriers to migrants claiming their economic and social rights, even after having been released. UNHCR research suggests that detention disempowers migrants who are often keen to work. A sustained absence from the labour market and the emotional and mental toll of detention can lead to migrants becoming unnecessarily dependent on State-provided support. 44. Of particular concern is the inclusion of children among detainees. Children are usually afforded additional protections by member States and, according to many national policies, are not supposed to be detained. However, if the age of the child is unknown, which is common among those without documents or coming from countries that do not have robust birth registration systems, they can be detained or kept in reception centres until their age can be verified. This can take weeks or months. In some instances, while in 9