Article 6 - Right to liberty and security

European legal and policy framework on immigration detention of children
June
2017

European legal and policy framework on immigration detention of children

Report
Up to one third of migrants arriving in the European Union since the summer of 2015 have been children. The current emphasis on speedier asylum processing and making returns more effective may trigger increased use of immigration detention, possibly also affecting children. The detention of children implicates various fundamental rights and will only be in line with EU law if limited to exceptional cases. This report aims to support practitioners in implementing relevant polices in line with applicable law by outlining available safeguards against unlawful and arbitrary detention and highlighting promising practices.
Child-friendly justice - Perspectives and experiences of children involved in judicial proceedings as victims, witnesses or parties in nine EU Member States
February
2017

Child-friendly justice - Perspectives and experiences of children involved in judicial proceedings as victims, witnesses or parties in nine EU Member States

Report
Around 2.5 million children participate in judicial proceedings across the European Union (EU) every year, affected by parental divorce or as victims of, or witnesses to, crime. Although their effective participation in such proceedings is vital for improving the operation of justice, the treatment of children in justice systems remains a concern. FRA investigated to what extent children’s rights to be heard, to be informed, to be protected, and to non-discrimination are fulfilled in practice.
Criminal detention and alternatives: fundamental rights aspects in EU cross-border transfers
November
2016

Criminal detention and alternatives: fundamental rights aspects in EU cross-border transfers

Report
EU Member States have largely implemented, and started applying, three instruments on transferring prison sentences, probation measures and alternative sanctions, as well as pre-trial supervision measures, to other Member States. This report provides an overview of their first experiences with these measures, highlighting both best practices and shortcomings.
October
2015

Alternatives to detention for asylum seekers and people in return procedures

Paper
For asylum and return (i.e. expulsion) procedures to be implemented effectively, people need to be at the disposal of the authorities so that any measure requiring their presence can be taken without delay. To achieve this, EU Member States may decide to hold people in closed facilities. Less intrusive measures, which are usually referred to as alternatives to detention, reduce the risk that deprivation of liberty is resorted to excessively.
Being Trans in the EU – Comparative analysis of the EU LGBT survey data – Summary
May
2015

Being Trans in the EU – Comparative analysis of the EU LGBT survey data – Summary

Report summary
Trans persons, or those whose gender identity and/or gender expression differs from the sex assigned them at birth, face frequent discrimination, harassment and violence across the European Union (EU) today. This reality triggers fears that persuade many to hide or disguise their true selves. This report examines issues of equal treatment and discrimination on two grounds, namely sexual orientation and gender identity.
Child-friendly justice – Perspectives and experiences of professionals on children’s participation in civil and criminal judicial proceedings in 10 EU Member States
May
2015

Child-friendly justice – Perspectives and experiences of professionals on children’s participation in civil and criminal judicial proceedings in 10 EU Member States

Report
Each year thousands of children take part in criminal and civil judicial proceedings, affected by parental divorce or as victims or witnesses to crime. Such proceedings can be stressful for anyone. The European Union Agency for Fundamental Rights (FRA) investigated whether children’s rights are respected in these proceedings.
Child-friendly justice – perspectives and experiences of professionals – Summary
May
2015

Child-friendly justice – perspectives and experiences of professionals – Summary

Report summary
Making justice systems more child‑friendly improves the protection of children, enhances their meaningful participation and at the same time improves the operation of justice. The findings in this summary can provide Member States with useful tools to identify barriers, gaps or weaknesses in their judicial proceedings, especially in the process of transposing and implementing relevant EU directives. Also available in BG - CS - DA - DE - EL - ES - ET - FI - FR - HR - HU - IT - LV - LT - MT - PL - PT - RO - SK - SK - SV
Being Trans in the EU - Comparative analysis of the EU LGBT survey data
December
2014

Being Trans in the EU - Comparative analysis of the EU LGBT survey data

Report
Trans persons, or those whose gender identity and/or gender expression differs from the sex assigned them at birth, face frequent discrimination, harassment and violence across the European Union (EU) today. This reality triggers fears that persuade many to hide or disguise their true selves. This report examines issues of equal treatment and discrimination on two grounds, namely sexual orientation and gender identity. It analyses data on the experiences of 6,579 trans respondents from the EU Lesbian, gay, bisexual and transgender (LGBT) survey, the largest body of empirical evidence of its kind to date.
Fundamental rights at land borders: findings from selected European Union border crossing points
November
2014

Fundamental rights at land borders: findings from selected European Union border crossing points

Report
Together with two FRA sister reports on the EU’s air and southern sea borders, this report’s findings serve to inform EU and Member State practitioners and policy makers of fundamental rights challenges that can emerge at land borders. Increased awareness should also help to create a shared understanding among border guards of what fundamental obligations mean for their daily work, ultimately enhancing fundamental rights compliance at the EU’s external borders.
Detention of third country nationals in return procedures
November
2010

Detention of third country nationals in return procedures

Report - thematic
The Fundamental Rights Agency (FRA) examined law and practice in the EU 27 on the deprivation of liberty of irregular migrants pending their removal against the applicable international human rights law framework.
November
2010

Detention of third-country nationals in return procedures

Factsheet
The EU Agency for Fundamental Rights examined law and practice in the EU 27 on the deprivation of liberty of irregular migrants pending their removal against the applicable international human rights law framework.