Research on the applicability of the best interests of the child principle as the primary consideration in detention decisions as well as the alternatives to detention
The focus of the research was to assess the applicability of the best interests of the child principle as the primary consideration in detention decisions as well as when considering the alternatives to detention. Following the introduction of the amendment to the Act on Foreigners, the best interests of the child principle shall always be considered by courts when ruling on the detention of foreigners for the purposes of migration proceedings. Although the national law does not specify how the best interests of the child should be assessed, referring in this regard to unaccompanied children only, relevant provisions and guidelines can be found in international and European law concerning the rights of children.
