Background

Five non-governmental organizations (the NGO Coordination for the Rights of Children, Children Defence International, Jesuit Refugee Service Belgium, La Ligue des Droits de l'Homme and UNICEF Belgium, joined by the Liga voor Mensenrechten), had introduced an appeal against the Law of 16 November 2011 inserting Article 74/9 in the Immigration Law.

Article 74/9 prohibits in §1 the detention in closed centers of illegally staying families with children except if it is adapted to the needs of families with minor children. In §2, Article 74/9 provides for the possibility to maintain in such places, for as short as possible duration, families with minor children who try to irregularly enter on the Belgian territory.

Constitutional Court ruling n°166/2013

In its ruling n° 166/2013 from 19 December 2013, the Consitutional Court concludes that Article 74/9 of the Immigration Law is compatible with the International Covenant on Civil and Political Rights, the European Convention on Human Rights, the Convention on the Rights of the Child and complies with the Constitution.

Nevertheless the Court reminds that a child can't be maintained in a place designed for adults under the same conditions as adults and that he/she can be maintained only for the shortest possible duration. 

Please find the arguments of both parties and the reasoning of the Court in the ruling .