Recommendation for System Improvement to the Ministry of Justice
The National Human Rights Commission recommended to the Ministry of Justice that the detention of children in foreigner protection facilities should be prohibited in principle.
On the 4th, the Human Rights Commission stated that a provision should be newly established in the Immigration Control Act to "prohibit the detention of children in principle," and that regulations should be prepared in the Immigration Control Act and related laws to ensure that the "best interests of the child" are considered from the time detention of protected individuals is reviewed.
The victim was subject to a crackdown due to undocumented stay, and applied for temporary release from protection because there was no one to take care of their 2-year-old child, but the request was denied. The Human Rights Commission found it difficult to view the case as an excessive abuse or deviation of discretion but saw the need for system improvement from the perspective of guaranteeing children's rights.
According to the Ministry of Justice, the total number of children detained in foreigner protection facilities from 2019 to 2023 was 182, and among them, some children were detained for up to 196 days.
Article 3, Paragraph 1 of the UN Convention on the Rights of the Child requires that the best interests of the child be a primary consideration in all actions undertaken by administrative authorities, etc.
A report prepared by the UN Special Rapporteur on Torture stated that detention based on the parent's residence status can never comply with the principle of the best interests of the child. It pointed out that such detention does not meet the principle of necessity, is disproportionate, and may constitute cruel, inhuman, and degrading treatment of children.
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