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THE INTERNATIONAL COMMITTEE OF THE RED CROSS IN MEXICO, CENTRAL AMERICA AND CUBA

THE INTERNATIONAL COMMITTEE OF THE RED CROSS IN MEXICO, CENTRAL AMERICA AND CUBA. ICRC. REGIONAL DELEGATION FOR MEXICO, CENTRAL AMERICA AND CUBA. THE ICRC AND THE ADMINISTRATIVE DETENTION OF MIGRANT BOYS, GIRLS AND ADOLESCENTS. ICRC. CONTENTS. Key considerations:

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THE INTERNATIONAL COMMITTEE OF THE RED CROSS IN MEXICO, CENTRAL AMERICA AND CUBA

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

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

  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. KEY CONSIDERATIONS 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

  5. KEY CONSIDERATIONS 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. ICRC

  6. KEY CONSIDERATIONS 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. ICRC

  7. KEY CONSIDERATIONS Detention: Application for Asylum A right; Sharing information about this right + enabling the exercise of this right. ICRC

  8. 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

  9. 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

  10. 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

  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. 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. 11570, México D.F. Tel.: (+52) 55 2581 2110 mex_mexico@icrc.org www.cicr.org

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