The Return Regulation risks normalising child detention, unsafe returns and rights violations

Eurochild urges EU decision-makers to urgently reverse course, warning that the controversial regulation risks separating families and exposing children to unsafe conditions where their rights and well-being cannot be guaranteed, while also heightening the risk of racial profiling and discrimination.

Eurochild is alarmed by the course the EU institutions are taking on the Return Regulation, including the European Parliament's recent position. Rather than strengthening protections, the current approach risks normalising measures that harm children and are incompatible with their rights.

The European Commission’s proposal already opens the door to externalising returns through so-called return hubs in third countries, without providing sufficient guarantees to protect children from being transferred to such facilities. It also expanded grounds for detention, including to prevent absconding, while extending the maximum detention period from 18 months to 24 months.

Several elements of the European Parliament text are also particularly concerning. It does not establish robust safeguards to ensure that a child’s best interests are properly assessed before a return decision is issued or carried out. It also allows for returns to countries with which children may have no real connection, and where adequate support and protection may be absent. At the same time, it does nothing to address the situation of children trapped in return procedures that remain unenforceable for long periods, leaving them in uncertainty and insecurity.

Concerningly, the European Parliament text increases the risk that children may be held in detention for prolonged periods, including in the context of families. This is an approach that moves further away from children’s rights standards, according to which no child should ever be detained on migration grounds, as detention is never in the child’s best interests.

 ‘’We firmly reject the new Returns Regulation voted by the European Parliament. At a time when the EU should be strengthening the implementation of children’s rights and fundamental rights, the Parliament has instead adopted a policy that risks placing children in detention, separating families, and sending people to environments where their safety and well-being cannot be guaranteed. By expanding detention, accelerating return procedures, and enabling the use of centres outside the EU, this regulation risks exposing children and families to serious violations of their fundamental rights. It also heightens the risk of racial profiling and discriminatory practices against already marginalised communities.’’ – Sabine Saliba, Eurochild’s Secretary General

Although the margin for meaningful improvement appears very limited, the upcoming talks remain crucial. EU decision-makers still have a chance to prevent the adoption of rules that would expose children to further harm and to ensure that the final Regulation reflects the Union’s legal obligations and stated commitment to children’s rights.