ECtHR Case Law on the Detention of Children for Immigration Purposes

Development summary

The article asks whether the European Court of Human Rights’ case law on the detention of children for immigration purposes reflects an evolutive interpretation of the European Convention on Human Rights as a living instrument. Drawing on a doctrinal analysis of leading judgments under Articles 3, 5 and 8, it argues that the Court has adopted a cautious evolutive approach: it has not yet imposed an absolute ban on child detention, but has strengthened child-specific safeguards through vulnerability, ultima ratio and the child’s best interests.