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News code: 28182
Published Date: Wednesday 4 September 2019 - 14:23:53
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US: suit over indefinite detention of children

US: suit over indefinite detention of children
World  - A Trump administration administrative rule could result in severe harm to migrant children detained in the United States, Human Rights Watch said today after filing with Amnesty International USA a friend-of-the-court brief on August 30, 2019 in the case. The brief, setting out relevant international human rights standards, supports lawyers for detained children who are challenging the new rule.

Under the new regulation, the government could indefinitely detain children together with their families. The new rule also lacks safeguards, which could further worsen conditions in detention.

"Children are particularly vulnerable to trauma and harm from detention," said Clara Long, acting deputy Washington director at Human Rights Watch. "No amount of time in detention is safe for children, and indefinite detention significantly increases the risk they will suffer serious, long-lasting harm."

International human rights standards recognize that immigration-related detention of a child is never in their best interests. The United Nations special rapporteur on torture has noted that immigration detention of children puts them at risk of cruel, inhuman, or degrading treatment or punishment prohibited under international law. The Inter-American Commission on Human Rights has expressed that even short-term immigration detention of children may be cruel, inhuman, or degrading treatment because child migrants are "at greater risk of torture and mistreatment owing to their vulnerability and unique needs."

The US government claims that family detention is needed to ensure that families show up for immigration court for hearings. However, in community-based case management programs, the vast majority of people released from immigration detention show up for their court hearings.

"The administration's new rule institutionalizes abusive policies against children," Long said. "Instead of looking for ways to inflict more harsh treatment on children, the government should expand alternatives that allow children and their families to live in communities while their immigration cases are pending."

 

News Code: 28182
Published Date: Wednesday 4 September 2019 - 14:23:53
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