The Refugee Law prohibits the detention of all asylum-seeking children.1
Under the Aliens and Immigration Law, there are no provisions relating to the detention of children, except for those that transpose the Returns Directive, according to which children can be detained as a last resort and for the least possible time.2 In practice, overall unaccompanied children are not detained, except for cases where unaccompanied children are arrested with false / forged documents that show them to be over 18, usually in an attempt to leave the country on these documents. In such instances they are detained as adult “prohibited immigrants”. However, in the last two years, even in such cases they are often released when they state that are in fact under 18, especially if an NGO intervenes.3
Detention of vulnerable persons is not prohibited and victims of torture, trafficked persons and pregnant women are detained with no special safeguards in place.