WORLD Policy Analysis Center

Are accompanied minor asylum-seekers guaranteed family unity in detention?

‘Accompanied minor asylum-seekers’ are children seeking refugee status or international protection traveling with a parent or legal guardian.

No explicit provisions and detention generally permitted means that no explicit provisions on the importance of keeping families together or separate facilities for families were identified in legislation, and that either legislation permitted detention without any of the limits on circumstances outlined below or that legislation did not explicitly address detention, but did outline prison sentences for illegal entry, overstaying a visa, or other non-work-related migration offenses. Provisions on prison sentences generally did not specify age restrictions; separate legislation may limit the imprisonment of minors in a country, but was not systematically captured, as the focus of this analysis is on immigration detention.

No explicit provisions and limited circumstances for detention means that no explicit provisions on the importance of keeping families together or separate facilities for families were identified in legislation and legislation established at least one of the following limits on minor detention: (1) language that broadly limits use, such as “as a last resort,” “in exceptional cases” or “if cannot be achieved by other means”; (2) language that broadly limits duration of detention, such as “for the shortest time necessary”; (3) language that explicitly limits detention to be used prior to deportation only; (4) language that explicitly prioritizes alternatives to detention, such as electronic tracking or placement in childcare facilities; (5) explicitly limits detention to verifying that the child is a minor or identifying an unaccompanied minor; and/or (6) explicit limits on the duration of detention to less than one week.

Family unity guaranteed or separate accommodation provided for families means that legislation explicitly recognized the importance of keeping families together or separate facilities for families were provided.

Legislation does not permit detention of younger children only means that provisions limiting the detention of minors only apply to younger children, such as those younger than 14 or 16 years old. Details on these circumstances are available on mouseover.

Legislation does not permit detention means that legislation explicitly stated that minors cannot be detained, specified solely the use of alternatives to detention, or restricted freedom of movement to an area or zone, but not a residential center. We considered countries that placed children in childcare centers, reception centers, accommodation centers, asylum centers, or other open facilities as not permitting detention as long as language did not include restrictions on movement to the facility, or compulsory or obligatory stays. In some cases, countries may outline placement in these facilities, but in practice have conditions that resemble detention.

No laws regulating detention means that no explicit references to prohibiting or allowing detention were found in the legislation reviewed.

One country (Thailand) does not explicitly guarantee family unity for both parents, but does allow children who require their mother’s care to stay with their mother.

Countries

Angola - No explicit provisions and detention generally permitted

Argentina - No explicit provisions and detention generally permitted

Bahrain - No explicit provisions and detention generally permitted

Bangladesh - No explicit provisions and detention generally permitted

Belize - No explicit provisions and detention generally permitted

Bhutan - No explicit provisions and detention generally permitted

Bolivia - No explicit provisions and detention generally permitted

Brunei - No explicit provisions and detention generally permitted

Cambodia - No explicit provisions and detention generally permitted

Cameroon - No explicit provisions and detention generally permitted

Chile - No explicit provisions and detention generally permitted

Democratic Republic of the Congo - No explicit provisions and detention generally permitted

Republic of the Congo - No explicit provisions and detention generally permitted

Cote d'Ivoire - No explicit provisions and detention generally permitted

Eritrea - No explicit provisions and detention generally permitted

Gabon - No explicit provisions and detention generally permitted

The Gambia - No explicit provisions and detention generally permitted

Germany - No explicit provisions and detention generally permitted

Ghana - No explicit provisions and detention generally permitted

Honduras - No explicit provisions and detention generally permitted

India - No explicit provisions and detention generally permitted

Indonesia - No explicit provisions and detention generally permitted

Israel - No explicit provisions and detention generally permitted

Japan - No explicit provisions and detention generally permitted

Laos - No explicit provisions and detention generally permitted

Madagascar - No explicit provisions and detention generally permitted

Mali - No explicit provisions and detention generally permitted

Mauritania - No explicit provisions and detention generally permitted

Moldova - No explicit provisions and detention generally permitted

Montenegro - No explicit provisions and detention generally permitted

Morocco - No explicit provisions and detention generally permitted

Myanmar - No explicit provisions and detention generally permitted

Nepal - No explicit provisions and detention generally permitted

New Zealand - No explicit provisions and detention generally permitted

Nicaragua - No explicit provisions and detention generally permitted

Niger - No explicit provisions and detention generally permitted

Nigeria - No explicit provisions and detention generally permitted

Pakistan - No explicit provisions and detention generally permitted

Peru - No explicit provisions and detention generally permitted

The Philippines - No explicit provisions and detention generally permitted

Russian Federation - No explicit provisions and detention generally permitted

Senegal - No explicit provisions and detention generally permitted

Serbia - No explicit provisions and detention generally permitted

Singapore - No explicit provisions and detention generally permitted

Somalia - No explicit provisions and detention generally permitted

Sri Lanka - No explicit provisions and detention generally permitted

Sudan - No explicit provisions and detention generally permitted

Tanzania - No explicit provisions and detention generally permitted

Thailand - No explicit provisions and detention generally permitted

Togo - No explicit provisions and detention generally permitted

Tunisia - No explicit provisions and detention generally permitted

Uganda - No explicit provisions and detention generally permitted

United Arab Emirates - No explicit provisions and detention generally permitted

United States of America - No explicit provisions and detention generally permitted

Uzbekistan - No explicit provisions and detention generally permitted

Algeria - No explicit provisions and limited circumstances for detention

Australia - No explicit provisions and limited circumstances for detention

Bosnia and Herzegovina - No explicit provisions and limited circumstances for detention

Botswana - No explicit provisions and limited circumstances for detention

Brazil - No explicit provisions and limited circumstances for detention

Colombia - No explicit provisions and limited circumstances for detention

Denmark - No explicit provisions and limited circumstances for detention

Egypt - No explicit provisions and limited circumstances for detention

El Salvador - No explicit provisions and limited circumstances for detention

Ethiopia - No explicit provisions and limited circumstances for detention

Iraq - No explicit provisions and limited circumstances for detention

Ireland - No explicit provisions and limited circumstances for detention

Jordan - No explicit provisions and limited circumstances for detention

Kazakhstan - No explicit provisions and limited circumstances for detention

Kenya - No explicit provisions and limited circumstances for detention

Kuwait - No explicit provisions and limited circumstances for detention

Kyrgyzstan - No explicit provisions and limited circumstances for detention

Lebanon - No explicit provisions and limited circumstances for detention

Liberia - No explicit provisions and limited circumstances for detention

Libya - No explicit provisions and limited circumstances for detention

Malawi - No explicit provisions and limited circumstances for detention

Mongolia - No explicit provisions and limited circumstances for detention

Mozambique - No explicit provisions and limited circumstances for detention

The Netherlands - No explicit provisions and limited circumstances for detention

Norway - No explicit provisions and limited circumstances for detention

Oman - No explicit provisions and limited circumstances for detention

Paraguay - No explicit provisions and limited circumstances for detention

Poland - No explicit provisions and limited circumstances for detention

Rwanda - No explicit provisions and limited circumstances for detention

Saudi Arabia - No explicit provisions and limited circumstances for detention

Sierra Leone - No explicit provisions and limited circumstances for detention

Syria - No explicit provisions and limited circumstances for detention

Yemen - No explicit provisions and limited circumstances for detention

Zambia - No explicit provisions and limited circumstances for detention

Zimbabwe - No explicit provisions and limited circumstances for detention

Albania - Family unity guaranteed or separate accommodation provided for families

Belgium - Family unity guaranteed or separate accommodation provided for families

Bulgaria - Family unity guaranteed or separate accommodation provided for families

Canada - Family unity guaranteed or separate accommodation provided for families

Croatia - Family unity guaranteed or separate accommodation provided for families

Estonia - Family unity guaranteed or separate accommodation provided for families

Finland - Family unity guaranteed or separate accommodation provided for families

France - Family unity guaranteed or separate accommodation provided for families

Georgia - Family unity guaranteed or separate accommodation provided for families

Greece - Family unity guaranteed or separate accommodation provided for families

Guatemala - Family unity guaranteed or separate accommodation provided for families

Hungary - Family unity guaranteed or separate accommodation provided for families

Republic of Korea - Family unity guaranteed or separate accommodation provided for families

Latvia - Family unity guaranteed or separate accommodation provided for families

Lithuania - Family unity guaranteed or separate accommodation provided for families

North Macedonia - Family unity guaranteed or separate accommodation provided for families

Malta - Family unity guaranteed or separate accommodation provided for families

Mexico - Family unity guaranteed or separate accommodation provided for families

Namibia - Family unity guaranteed or separate accommodation provided for families

Romania - Family unity guaranteed or separate accommodation provided for families

Slovakia - Family unity guaranteed or separate accommodation provided for families

Slovenia - Family unity guaranteed or separate accommodation provided for families

South Africa - Family unity guaranteed or separate accommodation provided for families

South Sudan - Family unity guaranteed or separate accommodation provided for families

Spain - Family unity guaranteed or separate accommodation provided for families

Sweden - Family unity guaranteed or separate accommodation provided for families

Türkiye - Family unity guaranteed or separate accommodation provided for families

Ukraine - Family unity guaranteed or separate accommodation provided for families

Vietnam - Family unity guaranteed or separate accommodation provided for families

Austria - Legislation does not permit detention of younger children only

Belarus - Legislation does not permit detention of younger children only

China - Legislation does not permit detention of younger children only

Iceland - Legislation does not permit detention of younger children only

Switzerland - Legislation does not permit detention of younger children only

Armenia - Legislation does not permit detention

Azerbaijan - Legislation does not permit detention

Costa Rica - Legislation does not permit detention

Cyprus - Legislation does not permit detention

Czech Republic - Legislation does not permit detention

Djibouti - Legislation does not permit detention

Ecuador - Legislation does not permit detention

Guinea - Legislation does not permit detention

Italy - Legislation does not permit detention

Panama - Legislation does not permit detention

Portugal - Legislation does not permit detention

Qatar - Legislation does not permit detention

Tajikistan - Legislation does not permit detention

Turkmenistan - Legislation does not permit detention

United Kingdom - Legislation does not permit detention

Venezuela - Legislation does not permit detention

Afghanistan - No laws regulating detention

Benin - No laws regulating detention

Burkina Faso - No laws regulating detention

Burundi - No laws regulating detention

Central African Republic - No laws regulating detention

Chad - No laws regulating detention

Democratic People's Republic of Korea - No laws regulating detention

Malaysia - No laws regulating detention

Uruguay - No laws regulating detention