FORUM is a partner organisation in a two-year-long project Protecting migrant children against detention through the EU Charter (RELEASE). The project runs as of March 2024 and seeks to build on the important achievements and results of the recent ICJ’s project CADRE which highlighted a need for greater support to lawyers in strengthening their ability, and that of civil society more generally, to engage in strategic litigation to end the immigration detention of children. This is because the absence of case law, regulatory standards, and public awareness may hinder practitioners from pursuing legal action against minors’ imprisonment in immigration detention.
Project objectives
The project’s main objective is to contribute to a favourable EU environment to protect migrant children from detention by:
- increasing the ability of specialised migration lawyers, civil society, and NHRIs from the six selected EU Member States to develop and implement efficient litigation strategies in relation to (alternatives to) the detention (AtD) of migrant children (at risk of being subjected to unlawful detention or whose rights may be violated in alternatives to detention) in order to promote and protect their rights based on Article 24 of the EU Charter and the UN Convention on the Rights of the Child.
- raising awareness among lawyers, civil society, and public authorities in the target MSs about the detrimental effects of detention on children
The key long-term impact sought is to make sure that the best interests of the child principle become a more judicially relevant element in the case-law of the UN CRC, the ECtHR, and the ECJEU, and to explore other litigation venues (ECSR, HRC, CAT).
Main activities
- on-line opening workshop
- 6 national trainings in six EU Member States
- 3 transnational exchange workshops, follow-up mentoring
- updates to the case-law database (which is little known and which was created by partners within the previous project and which will soon be expanded to include Czech cases)
- a Guide for lawyers on strategic litigation related to detention of children in migration
- a communications campaign and audio-visual materials with information for migrant children, and final dissemination of the results and outputs.
Publications for download
November 2024: International Commission of Jurists (ICJ) published a briefing highlighting serious risks associated with the use of detention procedures under the new screening and border procedures of the 2024 EU Migration Pact. ICJ calls on EU Member States to revise the EU Pact to completely ban the detention of migrant children, as such detention violates international human rights law. In the meantime, it urges Member States to implement this ban at the national level and ensure real alternatives to detention, such as case management, alternative care measures, and community-based solutions.
The fundamental principle must be that children are treated primarily as holders of rights, not as objects of migration enforcement.
February 2026: International Commission of Jurists (ICJ) published a guide that aims to strengthen the protection of children against immigration detention and to promote rights-compliant alternatives.
The Guide is intended for lawyers, civil society organizations (CSOs), and other actors engaged in or considering strategic human rights litigation. It explains strategic litigation as a tool to achieve change beyond individual cases, emphasizing full compliance with children’s rights and the principle of the best interests of the child.
It provides an overview of international and EU judicial and non-judicial mechanisms available when effective remedies cannot be secured at national level, along with practical information on procedures, admissibility requirements, interim measures, follow-up, and strategies to increase impact.
Database
As project partners, we collaborated with the International Commission of Jurists (ICJ) to update and expand a searchable database compiling international, EU, and national case law on alternatives to detention of migrant children.
The database includes decisions from Greece, Bulgaria, Poland, Czechia, Belgium, and Malta. It aims to facilitate access to laws and jurisprudence, strengthen consistent application of EU and international standards, and support the implementation and improvement of alternatives to detention.
Leaflets (child-friendly materials)
Together with our project partners we published a set of child-friendly materials providing information for children in migration and their families.
The materials explain children’s rights regarding alternatives to immigration detention and available redress mechanisms in each target country. They aim to raise awareness among migrant children about their rights and to support access to a lawyer and legal aid.
The leaflets were published in each partner country in the selected relevant languages. Below, you can find our Czech leaflets available for download in different languages.
- Czech:
- English:
- Arabic:
- Dari:
- Farsi:
- Russian:
- Turkish:
Legal opinion
December 2025: the International Commission of Jurists (ICJ), Save the Children International, and Kids in Need of Defense (KIND) issued a joint legal opinion on the interpretation of Article 53(1) of the new Asylum Procedures Regulation (APR) and its impact on unaccompanied children, particularly in relation to age assessment.
The Regulation was adopted as part of the European Pact on Migration and Asylum. The opinion finds that placing unaccompanied children in “border asylum procedures” is contrary to international law and human rights standards and exposes them to a risk of violations of their rights. Migrant children should not be subjected to border procedures at all, and if they are, this should occur only in exceptional cases under Article 53(1).
Age assessment must be carried out “without delay” and only within a narrowly defined exception, in order to ensure compliance with the required safeguards during any border procedure. The organizations call on EU Member States to apply the Regulation in a manner that fully respects the rights and dignity of every child seeking international protection, in accordance with EU law and international human rights and refugee law.
Project events
1. Strategic Litigation Workshop: Alternatives to the Detention of Migrant Children
🗓️ 5-6 September 2024 | Prague
The workshop on the 5-6 September, 2024 in Prague focused on strategic litigation within the RELEASE project on alternatives to detention for migrant children. Through roundtable discussions, participants shared their practices and experiences on the immigration detention in the Czech Republic and their work with migrants as NGO lawyers or attorneys. The participants discussed their experience in legal representation of migrants and migrant children in the Czech context. The workshop also included presentations from foreign practitioners.
Follow-up Workshop: Strategic Litigation – Alternatives to Migration Detention of Children
🗓️ 28 April 2025 | Online
On 28 April 2025, Forum for Human Rights held an online follow-up workshop for lawyers with experience in representing migrants in asylum, detention, residence permit, and expulsion cases.
The session focused on strategic litigation concerning the detention of migrant children, offering insights into litigation before the Court of Justice of the European Union (CJEU), including the preliminary ruling and infringement procedures. Practical tips for navigating these processes were shared by the speakers, Alexandra Matiaško (FORUM) and Zuzana Pavelková (Organisation for Aid to Refugees). The workshop also featured a debate with national judge Martin Kopa from the Brno Regional Court, who provided valuable national legal perspectives.
Further, participants discussed key developments since the September workshop, such as requests for interim measures submitted to the European Court of Human Rights (ECtHR) in November 2025, ongoing litigation regarding child detention, and compensation claims for unlawful detention. The session concluded with an interactive discussion where participants shared insights and experiences.
Twelve lawyers and attorneys working with migrant children and their families in various contexts participated, exchanging experiences and knowledge on strategic litigation and advocacy for the rights of migrant children in detention.
2. Transnational Workshop: Litigation before the Court of Justice of the EU – Immigration Detention of Children
🗓️ 1–2 April 2025 | Luxembourg
On April 1–2, 2025, the International Commission of Jurists (ICJ) organized a two-day transnational workshop focused on strategic litigation before the Court of Justice of the European Union (CJEU) in the area of child migration detention and alternatives to detention. Lawyers from six EU countries discussed preliminary ruling proceedings, the obligations of national courts, and the possibilities for enforcing EU law in practice. The workshop also addressed the role of the European Commission in infringement proceedings and the practical aspects of litigation, including the impact on specific cases. Participants shared experiences and identified national challenges and strategies for using EU law to protect children in the migration context from detention.
Follow-up Webinar: Litigation before the CJEU
🗓️ 22 May 2025 | Online
On 22 May 2025, International Commission of Jurists organized a related webinar building on the Luxembourg workshop. The session focused on procedural and practical aspects of litigation before the CJEU concerning child detention and alternatives.
3. Transnational Workshop: Ending Child Immigration Detention through UN Treaty Bodies and the European Committee of Social Rights
🗓️ 5-6 June 2025 | Prague
In June 2025, Forum for Human Rights, together with the International Commission of Jurists (ICJ) co-organized a two-day transnational workshop in Prague. The event brought together lawyers and experts from six EU countries to explore how international mechanisms—particularly the UN Treaty Bodies and the European Committee of Social Rights (ECSR)—can be used strategically to protect migrant children from detention.
Participants shared legal strategies, discussed key jurisprudence, and examined ways to advance complaints before less-utilized bodies such as the UN Committee on the Rights of the Child (CRC) and the ECSR. The workshop offered valuable insight into using international litigation and advocacy tools to challenge unlawful detention practices and strengthen national protections.
More here.
Follow-up Webinar: Litigation before the UN Committee on the Rights of the Child
🗓️ 24 July 2025 | Online
On 24 July 2025, International Commission of Jurists organized a related webinar on litigation before the UNCRC. The session provided an overview of procedural aspects and practical guidance for submitting complaints and sharing experiences from practice.
4. Transnational Workshop: Strategic Litigation before the European Court of Human Rights
🗓️ 13–14 October 2025 | Athens
On 13–14 October 2025, International Commission of Jurists and the Greek Council for Refugees – Elliniko Symboulio gia tous Prosfyges held a two-day transnational workshop in Athens focused on strategic litigation before the European Court of Human Rights (ECtHR) challenging migrant child detention. Lawyers from six EU countries explored procedural and strategic aspects, including admissibility criteria, interim measures, and practical guidance on drafting applications.
Discussions addressed systemic issues such as age assessment, detention of children with adults, and limited access to education. The workshop also covered ECtHR judgment implementation and the importance of follow-up advocacy at the national level, with participants sharing strategies to support implementation in Belgium, Bulgaria, the Czech Republic, Greece, Malta, and Poland.
Follow-up Webinar: Litigation before the ECtHR
🗓️ 28 November 2025 | Online
On 28 November 2025, a follow-up webinar built on the Athens workshop, connecting EU-wide experts and practitioners to discuss strategies for using international mechanisms to advance litigation and advocacy to end child detention in migration contexts.
Our project partners
- International Commission of Jurists (Belgium) – project coordinator
- Aditus (Malta)
- Helsinki Foundation for Human Rights – Helsińska Fundacja Praw Człowieka (Poland)
- Défense des Enfants International (Belgium)
- Greek Council for Refugees – Elliniko Symboulio gia tous Prosfyges (Greece)
- Foundation for Access to Rights (Bulgaria)
Full name of the project
Protecting migrant children against detention through the EU Charter (RELEASE) CERV-2023-CHAR-LITI
This project is co-funded by the European Union. Views and opinions expressed are, however, those of the author(s) only and do not necessarily reflect those of the European Union or the European Commission. Neither the European Union nor the granting authority can be held responsible for them.