Lord Michael German (United Kingdom, ALDE), the General Rapporteur on asylum and migration of the Parliamentary Assembly of the Council of Europe, has raised the alarm over the position adopted at the end of March by the European Parliament, which would allow for the detention of migrant children.
"Detaining children is never in their best interests. Even short periods of detention may expose children to harm," he said. "The Parliamentary Assembly of the Council of Europe has been clear that immigration detention should never be applied to children, whether on their own or with their families."
Lord German warned that the European Parliament's latest position on the proposed EU returns regulation may not reflect the safeguards required under the European Convention on Human Rights and the UN Convention on the rights of the child.
Appeals process remains vital
He also expressed concern over proposals to remove the automatic suspension of removal orders while an appeal is pending.
"Allowing people to make their case before a court is an essential element of the rule of law and does not compromise public safety. In the context of return procedures, it ensures that we are not sending anyone to a place where they may then face torture or inhuman treatment. Expelling a person before their appeal has been decided could expose them to serious and irreversible harm."
Recognising that returning migrants who do not have the right to remain is necessary for a well-functioning migration system, Lord German underlined that return procedures should not be carried out at the expense of fundamental human rights.
"I urge EU co-legislators to abandon proposals to detain migrant children and to remove the right to a suspensive appeal. Upholding core safeguards such as these is not just a legal matter but a question of moral leadership and shared humanity."
The Council of Europe's relations with the European Union
