1. ICRC
THE INTERNATIONAL COMMITTEE OF THE RED CROSS IN MEXICO, CENTRAL AMERICA AND CUBA
REGIONAL DELEGATION FOR MEXICO, CENTRAL AMERICA AND CUBA

2. ICRC
THE ICRC AND THE ADMINISTRATIVE DETENTION OF MIGRANT BOYS, GIRLS AND ADOLESCENTS

3. CONTENTS Key considerations:
- Boys, girls and adolescents deprived of their freedom;
- Restoring family contact for unaccompanied boys, girls and adolescents;
ICRC visits and modes.
ICRC

4. Detention: An Exceptional Measure
KEY CONSIDERATIONS
ICRC
Detention: An Exceptional Measure
-> Freedom and alternatives should be considered first, especially for boys, girls and adolescents (best interest of the child => involve the boy, girl or adolescent).
Individual Assessment
-> Only when a security or fleeing risk exists.
Necessary, Reasonable and Proportionate
-> No punishment / dissuasion.
ICRC urges States to respect these points
Refect existing internat law
Compatible with UN human rights bodies and mechanisms
Detention: last resort – for the shortest period of time - should be avoided for vulnerable groups, such as children, persons with disabilities
Best interest must be the primary consideration in every decision to initiate or continue detention
Negative impact: magnified in children - uncertainty of the process, fear for the future. Lack of info. Linguistically and culturally alien environment
Migrant children may have fled extremely dificult circumstances, including persecution and extreme poverty, but this is often unacknowledge or not taken into account for the provision of service.
Review of particular circumstances of each person
To avoid or mitigate unnecesary detention decisions and/or policies
To ensure det only used as a last resort
Only if security risk to the public
Individual assesment to determine wheter admin det can be considered necesary AFTER non-custodial measures have been considered.

5. Detention: Non-Punitive Conditions
KEY CONSIDERATIONS
ICRC
Detention: Non-Punitive Conditions
Dignity: Psychological and physical needs;
Protection against abuse;
Freedom of movement within the detention facility;
Families housed together;
Maintaining family contact.
Access to adequate medical care
Protection against sexual violence

6. Detention: Procedural Safeguards
KEY CONSIDERATIONS
ICRC
Detention: Procedural Safeguards
Providing information about the reason for detention in a language that is understood by the boy, girl or adolescent;
Notifying the consulate – according to the wish of the boy, girl or adolescent;
Reviewing the decision for detention by an independent authority + the right of appeal;
The right to legal aid.

7. Detention: Application for Asylum A right;
KEY CONSIDERATIONS
ICRC
Detention: Application for Asylum
A right;
Sharing information about this right + enabling the exercise of this right.
-> Give the means for screening process.

8. Detention: Family Contact
KEY CONSIDERATIONS
Detention: Family Contact
-> A basic priority: The well-being, development and sense of security of the boy, girl or adolescent;
-> Facilitating but not forcing (best interest of the child);
-> Technical and financial resources;
-> Free telephone calls;
-> Regular contact under adequate conditions.
ICRC
Circumstances conducives to relax conversation

9. Restoring family contact for unaccompanied boys, girls and adolescents
KEY CONSIDERATIONS
Restoring family contact for unaccompanied boys, girls and adolescents
A right of the boy, girl or adolescent, IF he or she wishes so + informed consent;
Facilitating the restoration of family contact is a State obligation, but not an obligation of the boy, girl or adolescent;
The right of the missing person not to be found;
Finding the family =/= family reunification.
ICRC
Circumstances conducives to relax conversation

10. Restoring family contact for unaccompanied boys, girls and adolescents
KEY CONSIDERATIONS
Restoring family contact for unaccompanied boys, girls and adolescents
->Confidentiality of the information;
-> Information only for the boy, girl or adolescent;
-> Information is shared only with the informed consent by the boy, girl or adolescent.
ICRC
Circumstances conducives to relax conversation

11. VISITS TO MIGRATION STATIONS AND CENTRES OF DIF IN MEXICO: OBJECTIVE
ICRC
2014: 13 visits – more than 3550 migrants were visited;
The conditions, access to essential services and the treatment of migrants were assessed;
-> Visits by multi-disciplinary teams to provide external technical assistance (health, water and sanitation, psychosocial support, etc.)

12. -> Confidentiality; -> Observations and recommendations.
MODES
ICRC
To have access to every migrant at the migration station;
Interviews without witnesses with migrants;
-> Confidentiality;
-> Observations and recommendations.

13. questions?
ICRC

14. ICRC
Regional Delegation for Mexico, Central America and Cuba
Av. Presidente Masaryk 29
Col. Chapultepec Morales,
CP , México D.F.
Tel.: (+52)