This ad hoc query examines which alternatives to detention are most commonly used, especially for families with children, and how the effectiveness of the alternatives to detention is assessed. It further analyses which elements (indicators, statements, etc.) are taken into account before imposing an alternative to detention and what challenges are faced in this matter.

In the context of migration, detention is permitted and regulated by a strict European legislative framework. Recognising the severity of the measure against the right to liberty and in order to enhance the safeguards for vulnerable persons, Member States rely increasingly on alternatives to detention. Alternatives to detention are often considered to be less resource-intensive, less intrusive for the individual, and more effective at reducing pressure on national detention systems, but their implementation comes with a series of challenges.

The compilation of responses from 6 Member States to this French ad hoc query provides some useful information inter alia on organisations granted access to detention centres and sites accessible to such organisations.

UNHCR issues the Guidelines on the Applicable Criteria and Standards relating to the detention of Asylum-Seekers and Alternatives to Detention pursuant to its mandate.

On 21 and 22 May 2025, the European Migration Network’s Return Experts Group (EMN REG) convened a two-day workshop, hosted by the Belgian Immigration Office and EMN Belgium. The event brought together 50 participants from EU Member States, EU agencies (including Frontex and the EU Asylum Agency), civil society organisations, and international organisations. The workshop focused on the development and implementation of effective alternatives to detention (ATDs) within the EU’s migration and return systems.

In a national study released in July 2023, EMN Belgium reviews the Belgian policy and practice regarding detention and alternatives to detention. The study clarifies which detention places and alternatives to detention exist in Belgium, how the decision-making process unfolds and how detention and its alternatives are actually implemented.