World Congress on Juvenile Justice Congrès Mondial sur la Justice Juvénile Congreso Mundial de Justicia Juvenil
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1 World Congress on Juvenile Justice Congrès Mondial sur la Justice Juvénile Congreso Mundial de Justicia Juvenil
2 Workshop 5 Wednesday 28th January 2015 Juvenile Justice in relation to migrant children Input 1 Ignacio Packer Ending child immigration detention : full stop!! -
3 Why do children leave their home comunities? Migrants Individuals without documentation Children Without parents/relatives support
4 Why do states detain children? To deter movement across international borders Violation of international law Children should not be criminalized or subject to punitive measures because of their or their parents migration status. The detention of a child because of their or their parents migration status constitutes a child rights violation and always contravenes the principle of the best interests of the child. In this light, cease States should the detention expeditiously of and children completely on cease the the detention of children on the basis of their immigration status. States should expeditiously and completely basis of their immigration status. Committee on the Rights of the Child
5 Why not «illegal»? Discriminatory Against HR values Oppressive Outdated
6 Why not illegal? Legally incorrect Misleading Inaccurate Inaccurate to describe people arriving at border Ignores int. legal obligations Violates principles of due process
7 Why not illegal? Dehumanising Criminalising Harmful Undermines social cohesion Prevents fair debate Threatens solidarity and costs lives
8 Why not illegal? Against HR values Inaccurate Harmful UNDOCUMENTED IRREGULAR WORDS MATTER Platform for International Cooperation on Undocumented Migrants
9 What are the international trends? Growing international momentum to end or limit child immigration detention and develop Alternatives To Detention: 1. Detention is expensive, doesn t deter 2. Impact of detention on children 3. Alternatives to detention are cheaper, more effective and humane
10 What are the alternatives to child immigration detention? With family members/guardians In non-custodial context Community-based Fulfil best interests of the child While their immigration status is being resolved
11 A campaign to end child immigration detention
12
13 Key messages 1. Never detain alternatives 2. End (child) immigration detention Post Public debate based on evidence and good practice. Consistent with the best interests of migrant children 4. Words matter
14 World Congress on Juvenile Justice Congrès Mondial sur la Justice Juvénile Congreso Mundial de Justicia Juvenil
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