Switzerland puts children and young people behind bars, even though this is highly dangerous for their psyche. Minors end up in so-called administrative detention when the federal government wants to enforce immigration laws. In doing so, Switzerland is 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 call for alternative solutions.
Several million children around the world are in administrative detention because they or their parents are being subjected to the enforcement of migration regulations. Studies show that children have also been detained in the EU. In 2016, 14 EU countries administratively detained around 180 minors from the migration sector.
There are no precise figures in Switzerland. However, based on data from 2015 to 2017, it can be estimated that 83 children were in administrative detention and 35 children were detained for a short time. Healthcare professionals say that 85% of these children and parents in administrative detention suffer irreversible health consequences.
In the interests of the child
International provisions and rulings such as those of the UN Committee on the Rights of the Child stipulate that countries must avoid administrative detention of minors and seek alternatives. The canton of Geneva is therefore calling for a state initiative to ban the administrative detention of minors in Switzerland. terre des hommes schweiz supports this initiative with a position paper.
Stays in prison are harmful to children in the long term. 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 are to be treated first and foremost as children who are protected by the Convention on the Rights of the Child. States have a duty to grant children this protection 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 perspective and comply with international law, they are also more cost-effective and efficient in enforcing migration law objectives. They motivate those affected to cooperate with the authorities instead of fostering mistrust and fear.
In any case, the Confederation and the cantons must collect reliable data on the administrative detention of children and alternative pilot projects.
terre des hommes schweiz demands internationally and in Switzerland:
- Administrative detention for children in the area of migration (accompanied or unaccompanied) must be abolished. It is never in the best interests of the child.
- We demand more and more precise data on the administrative detention of minors. This is the only way to analyze the situation and take measures to remedy it.
- Alternatives to the administrative detention of minors must be defined and implemented.
- In the interests of the child, parents of underage children must not be detained on the basis of migration law provisions and families separated as a result. We call for alternative measuresto the detention of prevent the detention of children.
