Switzerland puts children and young people behind bars, even though it is highly dangerous for their psyche. Minors end up in so-called administrative detention if the Confederation wants to enforce legal provisions on foreigners. Switzerland is thus violating the Convention on the Rights of the Child. The canton of Geneva wants to ban administrative detention for children with an initiative. We support this initiative and demand alternative solutions.
Worldwide several million children in administrative detention, because migration law provisions are to be enforced against them or their parents Studies show that children have also been detained in the EU. In 2016, 14 EU countries have administratively detained about 180 minors from the migration sector.
Switzerland lacks precise figures. However, based on data from 2015 to 2017, it can be estimated that 83 children were in administrative detention and 35 children were held in detention for a short period. Health professionals say that 85 percent of these children and parents who are in administrative detention suffer irreversible health consequences.
In the interest of the child
International regulations and rulings such as those of the UN Committee on the Rights of the Child stipulate that countries must avoid administrative detention for minors and seek alternatives. The canton of Geneva has therefore launched a professional initiative to ban administrative detention for minors in Switzerland. terre des hommes schweiz supports this initiative with a Position Paper.
Stays in a prison are lastingly harmful to children. All the more so as the children and families concerned are already vulnerable and in difficult life situations. Switzerland must therefore replace administrative detention for minors with non-custodial measures.
Minors should be treated primarily as children protected by the Convention on the Rights of the Child. States have a duty to grant this protection to children regardless of their migration status or that of their parents.
More efficient and ethically correct
Alternative non-custodial measures are not only necessary from an ethical point of view and in accordance with international law, they are also more cost-effective and efficient in the enforcement of migration law objectives. They motivate those affected to cooperate with the authorities instead of feeding mistrust and fear.
In any case, the Confederation and cantons must collect reliable data on administrative detention of children and alternative pilot projects.
terre des hommes schweiz demands internationally and in Switzerland:
- Administrative detention for migrant children (accompanied or unaccompanied) must be abolished. It is never in the overriding interest of the child.
- We demand more and more precise data on the administrative detention of minors. This is the only way to analyse the problem and take measures to remedy it.
- Alternatives to administrative detention of minors must be defined and implemented.
- In the interest of the child, parents of underage children must not be imprisoned on the basis of migration law provisions and families must not be separated as a result. We demand alternative measuresin order to the imprisonment of ...to prevent children.
