Strasbourg Observers

View posts from: Child immigration detention

  • Alexis Galand

J.B. v. Malta: The Systemic Consequences of Rule of Law Failures on Migrants’ Rights

January 07, 2025

Alexis Galand The judgment of the European Court of Human Rights (‘the Court’) in J.B. v. Malta highlights systemic deficiencies in Malta’s judicial and administrative systems, revealing how rule of law failures undermine the protection of fundamental rights. In this case, the Court found that Malta had unlawfully detained unaccompanied minors for six months in […]

  • Felix Peerboom

A.D. v Malta: The Continuous Application of a Defective Asylum System

January 12, 2024

by Felix Peerboom On 17 October 2023, the European Court for Human Rights (ECtHR, the Court) published its ruling in A.D. v. Malta (press release available in English and French). The Court’s condemnation of Malta in this case for its ill-treatment of the applicant — a vulnerable asylum-seeker and presumed minor suffering from tuberculosis (TB), […]

  • Germain Haumont

M.D. and A.D. v. France: milestone towards a principled prohibition on the immigration detention of children?

February 11, 2022

by Germain Haumont Introduction The historic position of the European Court of Human Rights (hereafter: “the Court” or “the ECtHR”) on the immigration detention of children is that such detention is compatible with the Convention where it is strictly necessary and adapted to children’s specific needs (see L. Cools, “L’enfermement d’enfants migrants à la lumière […]