Migração irregular na União Europeia

: a diretiva retorno: detenção de crianças migrantes no âmbito do processo de afastamento

Abstract

The aim of this dissertation is to answer the following question: does the detention for the purpose of removal of migrant children who are in an irregular situation in the European Union violate the standards imposed by fundamental and human rights? The Return Directive provides for the possibility of detaining migrant children as part of return procedures, raising serious concerns about children’s fundamental and human rights, and particularly the principle of the best interests of the child. To answer this question, we will analyze the reasons that have led to the emergence of a strong international consensus against the application of the detention measure to minors and we will see, in particular, what the European Court of Human Rights and the Committee on the Rights of the Child have to say about this measure. Finally, we will see what the new proposals, such as the Recast Return Directive and the New Pact for Migration and Asylum, suggest in relation to the practice of detaining irregular migrant children.

Date of Award	5 Sept 2024
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Benedita Menezes Queiroz (Supervisor)